Extortion and blackmail. Article of the Criminal Code of the Russian Federation, responsibility and punishment under the law.

Extortion: the essence of an illegal act

The essence of extortion, as an illegal act, is to present a demand to any citizen to transfer to third parties certain property objects that do not belong to them. Such claims imply coercion and are accompanied by threats, direct intimidation, and psychological pressure. The listed actions have one goal - to achieve a depressed emotional state of the victim, so that she agrees to everything and transfers the required objects, for example, money, into the hands of the attackers.

Threat options may be as follows:

1. Threat of causing physical harm to the victim of extortion or her loved ones. There is no specific explanation in the Criminal Code of the Russian Federation, but usually this option involves a threat of injury, physical harm, even a threat of murder.
2. Threat of damage to personal property, including its destruction. Here, threats can concern both the property of the victim himself and his relatives. It is possible that property may not belong to a person at all, but be under his responsibility. For example, the victim is the director of an enterprise, and the threats relate to the destruction of valuables entrusted to him.
3. The threat of disseminating certain information about the victim that could discredit him in the eyes of the public or his immediate environment. In this case, we are talking about psychological violence, when the victim fears that some secret (often unpleasant) information about her will come to light.
4. The threat of disseminating information that could harm the rights or interests of the victim. This implies some false information, which, if disclosed, could have an impact on the reputation of the victim or his relatives.

In general, it is important to understand that extortion is precisely a categorical demand, and in no case a request. The latter is understood as a polite and correct expression of the desire to receive something (help, a service, an object of property for use, etc.), while leaving the person his right to refuse, for which he will not suffer anything.

With extortion, on the contrary, the victim is practically deprived of the opportunity to refuse, in fact ordering her to hand over property or money under the threat of reprisal or dissemination of information. In a sense, the right to choose here, of course, remains, but at the same time it is clearly explained that if the required actions are not carried out, then some serious retribution will follow.

Interestingly, extortion can come in different forms. It is not at all necessary that it will be shouting and insults. On the contrary, the demand is often stated in a deliberately polite tone, but, one way or another, implies coercion. An ultimatum can be voiced either in the form of a letter or orally. It may not be accompanied by violent actions, but they are not excluded.

Blackmail on the Internet

The global Internet is often used as an ideal place for blackmail. Due to the fact that anonymous correspondence can be freely conducted on the Internet, criminals hope to escape justice. However, everything is not so simple. Crimes on the Internet are punished in the same way as illegal acts committed in real life.

Today the Internet is under the control of law enforcement agencies. If you wish, you can always find out from which IP address the threatening messages were sent. To ensure that accusations against criminals on the Internet are not unfounded, you need to stock up on evidence. To do this, simply save screenshots of threatening messages.

The Internet is often used by minors and poorly trained offenders. In fact, they do not and cannot have any confidential data concerning you, but simply rely on the inexperience of users. Online scammers most often demand the transfer of funds for charitable reasons or under the threat of slander.

Features of the crime and its signs

First of all, you need to understand that the objects of extortion are usually:

• valuable objects belonging to the injured party (money);
• human property rights that are being encroached upon by the extortionist;
• actions of a property nature directed in favor of the offender, to which the latter forces the victim.

The subject, or, in other words, the extortionist, can be any person over 14 years of age. In this case, the offender must be sane.

To distinguish extortion from other acts directed against a person, it is necessary to understand its features. Because crime is often confused with robbery and other illegal acts.

When determining the essence of the violation, the following factors play a role:

1. Presence of direct intent. Extortion is always carried out with the understanding that such actions are illegal and the victim suffers, both financially and morally. At the same time, the offender commits a crime of his own free will, that is, he is ready to cause harm to a person and his loved ones.
2. The purpose of the act is to take possession of someone else's property.
3. The presence of a demand expressed in an ultimatum form.
4. Presentation of threats of various nature, intimidation with the aim of subjugating the victim and forcing him to transfer property.

It is important to clarify this point as well. When extorting money or other objects, violence acts as a kind of reinforcement of threats. Whereas with the same robbery, violence is recognized as the basis of the crime.

And another feature of extortion is that it is important for the offender to commit the offense in such a way as if he simply asked to transfer some property to him, and the victim voluntarily agreed to this. Although in fact there are coercion and threats of various kinds.

How to deal with a blackmailer?

Not always the threats of blackmailers are truly dangerous and have any real possibility of influencing the victim. Often such threats are just words that have nothing behind them. Do not panic when receiving threats from suspicious individuals. The main thing is to adhere to the correct tactics of communicating with such people.

So, the algorithm for interacting with a blackmailer can be described as follows:

• Do not show him your weakness and fear of his threats;
• Protect yourself as much as possible from communicating with suspicious individuals;
• Openly tell blackmailers that you know the law and know what they are facing;
• Save all correspondence and record all conversations;
• Contact the police and ask the officers to confirm that they accepted your application.

Blackmail is often limited to psychological manipulation and influence. The winner in such a fight is always the one who is stronger in spirit and will. Law enforcement agencies often do not want to investigate such cases and give formal replies to them. Always, if such an unfounded reply is received, the victim can forward complaints about the work of employees to higher authorities - the chief of police or the prosecutor's office. It would be good if you have witnesses who saw or heard the threats coming towards you. Their testimony can play into your hands when proving extortion or blackmail to the police and the court.

Responsibility and types of punishments

Responsibility for extortion is criminal in nature, because such actions are equivalent to a serious crime. Punishment options are set out in parts 1, 2 and 3 of Art. 163 of the Criminal Code of the Russian Federation.

At the same time, sanctions may vary depending on the essence of the requirements and the nature of the threats. If there are related crimes, this point will also be taken into account. Moreover, additional offenses will play the role of aggravating circumstances.

Part 1

Part 1 of paragraph 163 of the Criminal Code contains the most lenient options for punishment for extortion.

If the criminal expressed a demand and accompanied it with one of the above threats or several at the same time, the measures may be as follows:

• restriction of freedom, and the period cannot be more than 4 years;
• forced activity (maximum 4 years) in combination with restriction of freedom for a maximum of 2 years or without it;
• arrest for no more than 6 months;
• loss of freedom for 4 years, but no more, plus a fine in the amount of no more than 80 thousand rubles or without it.

In the latter case, the fine may be replaced by an amount equal to the income of the guilty person for the last six months.

Part 2

Here, the measure of responsibility is presented in the form of punishment imposed on the perpetrator, subject to the presence of aggravating circumstances.

The latter are recognized as:

1. extortion was committed by prior agreement by a group of persons;
2. methods of violence were used in the process;
3. large amount of seized property.

By large size we mean an amount of more than 250 thousand rubles.

Punishment in the presence of these factors implies imprisonment of the culprit in an appropriate institution for a period of up to 7 years. Additional measures may include a fine of up to 500 thousand rubles, as well as restriction of freedom for a maximum period of 2 years.

Part 3

Extreme punishment can be applied in the following circumstances:

• organized group;
• a particularly large amount of property claimed by extortionists (1 million rubles or more);
• inflicting grave injuries on the victim.

Such illegal actions are punishable by imprisonment for a period of 7-15 years together with a monetary penalty of 1 million rubles (maximum). In addition, an additional measure in the form of restriction of freedom is allowed, but not more than 2 years.

How to protect yourself from ransomware

At first glance, it seems that the easiest way to get rid of a blackmailer is to fulfill his demands. But, as a rule, after receiving what he wants, the criminal does not calm down and his demands increase. Therefore, the best solution would be to contact the law enforcement agencies. You should not immediately comply with his demands, and communication can be continued only to stretch out the time and better plan your steps. To prove the fact of a threat, it is advisable to record a telephone conversation, film a dialogue, or print out correspondence. Witnesses are also valuable to the investigation.

Initially, you should file a criminal complaint detailing all the facts with the police department. You should talk about the methods of extortion, describe the signs of the criminal (if the actions were committed by an unidentified person), and indicate the presence of witnesses. It is necessary to obtain a notification coupon from the duty officer about the acceptance of the request for inquiry.

If employees of government agencies demand a bribe, you should contact the Department of Economic Crimes. You can also duplicate the application to the FSB Directorate, the Prosecutor's Office and the RF IC authorities.

In case of extortion by a traffic police officer, the car owner can call the helpline. He has the right to call a superior official to the place of conflict and the right to file a complaint with the territorial department or the Traffic Police Department. The prosecutor's office is also looking into similar offenses. It is necessary to accurately indicate the time and place of the crime and write down the employee’s details or the number indicated on the badge. It is advisable to record the fact of extortion on a camera or camera. As you know, not only receiving, but also giving a bribe is a criminal offense. If you actively help solve a crime, responsibility for it can be avoided.

Where to contact

To protect yourself and your rights, you should contact the police with a statement. The paper must clearly state all the circumstances of the incident. It is recommended to avoid emotionality.

The following must be indicated:

1. date of the incident;
2. description of the offender - full name, if there is no such data, then a description of appearance (height, hair color, eyes, build, etc.);
3. demands made by the extortionist;
4. the list and nature of the threats, as well as related factors (for example, violent acts, offensive language, etc.);
5. date and place of meeting for the transfer of property assets.

Download a statement to the police about extortion of money (sample)

It is important to clarify that the fact of the crime is considered completed at the time the demand is presented. That is, there is no need to wait until the day the property is transferred to seek help and report illegal actions. Rights are violated by the very voicing of the demand, which should be reported to the authorities at the place where the criminal act was committed.

How to prove extortion of money

To be prosecuted for blackmail and extortion, it is necessary to provide the police with evidence of a crime. As evidence of extortion of money, you can provide an audio recording of a telephone conversation if threats and demands were received over the phone. If the fraud occurred in person, you can provide a video or voice recorder.

Please note that all video and audio recordings provided to the police will not be used as evidence in the case. According to the law, the decision on audio and video recording must be made by employees of the Ministry of Internal Affairs. This evidence will only be needed to prove extortion to initiate a criminal case.

Also, if there were eyewitnesses to the incident, it is worth indicating their contacts in the statement. They will be able to testify in further proceedings in court.

If the blackmail and extortion occurred online, provide police with all emails, social media messages, and other written evidence.

In cases where the victim has suffered physical damage, it is necessary to go to a medical institution to have the beatings removed and provide the Ministry of Internal Affairs with a certificate with a doctor’s conclusion.

Extortion of a bribe by a government official

Particularly difficult situations arise when officials extort money. In this case, it will be extremely difficult to prove the fact of extortion; you should not rely on your intelligence and courage. You need to contact the FSB immediately, with their help you will competently collect an evidence base that will become an irrefutable fact of extortion by a person representing the authorities.

The involvement of the FSB is especially important when extorting money by a police officer. Similar offenses are recorded all the time. Employees organize technical control over who is extorting and for what purposes it is being done. Marked bills that are given to a police officer as a bribe can serve as evidence.

What subtleties must be kept in mind when extorting?

The Plenum of the Supreme Court in 1990 adopted the Resolution “On judicial practice in cases of extortion,” which was later amended. Since the world and relationships in it change very often, by 2010 it became clear that the norms specified in the resolution were contrary to reality and did not reflect it.

Therefore, on December 17, 2015, a new Resolution “On judicial practice in cases of extortion” No. 56 was adopted. It reflects modern practice, and this is what the courts should use when deciding issues of extortion in 2021 and subsequent years.

What is important in the resolution?

1. The extortionist may act with the intent of obtaining benefits for himself OR FOR OTHER PERSONS (clause 1).
2. The threat against the victim must be perceived as real, as if the perpetrator could carry it out at any time (clause 6).
3. If the victim does not comply with the extortionist’s demand, this does not affect the assessment of the act. It will still be recognized as extortion (clause 7).
4. It is necessary to consider the requirement for monthly/weekly transfer of property to the perpetrator as a single crime (clause 8).
5. If extortion involves beatings, then additional qualifications are carried out under other articles of the Criminal Code (clause 9).
6. If during the course of extortion the threat of divulging bank secrets, commercial secrets, or disseminating knowingly false information becomes a reality, then additional qualifications are carried out (clause 12).
7. If the demand for the transfer of property is lawful, but is accompanied by threats, then the composition provided for in Art. 163 of the Criminal Code, no. Qualification under other articles is possible (arbitrariness).

IMPORTANT! This point No. 13 needs to be known and understood by bank debtors who constantly receive calls from collection agencies or from the bank demanding the return of an overdue loan and interest for use. Such a requirement is legal, therefore there is no qualification under Art. 163 of the Criminal Code.

Unknown companies often send bills to residents of apartment buildings for home maintenance, but they are not the service organization. The letters specify the amount the person must pay + a threat to go to court if the specified invoice is not paid. A legal entity cannot be held criminally liable for extortion. But you can contact the police to report fraud.

How does ransomware work? How to prove his actions?

There are several options: you do everything yourself or file a report of extortion with the police.

INTERESTING! Extortion is one of the highly latent (“hidden”) crimes. Not every victim has the strength and opportunity to contact the police, which is only in the hands of criminals.

Self-resolution of the case

If you come to the attention of extortionists, then remain calm and do not be led by your emotions and experiences. If you were unable to get rid of the ransomware, then you can pretend as if you are ready to satisfy its demands, and then start stalling for time. You can independently collect evidence that can confirm the wrongfulness of the culprit’s actions.

Use witness statements, try not to stay at home alone. Extortionists will demand that you satisfy their desires, and witnesses, if necessary, will confirm this in court.

Use an audio or video recording (a voice recorder, a hidden camera, a security camera, or other means) to record the conversation with the attacker. While recording, try to “play along” with the attacker. Ask about the amount, time and method of transfer, amount and much more. Then become indignant and refuse to hand over the money: your interlocutor will clearly begin to threaten unpleasant consequences for you.

Try to find people like you who have suffered from extortion. For example, very often dozens of people become victims of one official. Of course, not every one of them will agree to tell their story. But with their support, it will be easier to prove the same extortion of a bribe.

IMPORTANT! Very often you receive a message on your phone that your loved one has had an accident and that he urgently needs financial help. Act scared and force your interlocutor to interrupt the conversation. The next time he calls, you will be prepared, you will be able to ask adequate questions and get answers to them.

Important differences between extortion and robbery

Many citizens of our country cannot understand what is the fundamental difference between such phenomena as robbery and extortion, because in both cases citizens receive threats in which the criminals promise to harm their health, property, honor, etc. .

Robbery and extortion, although close in meaning, are different crimes, however, they risk losing all distinction at one moment

However, from a legal point of view, these two crimes have completely different consequences, in addition, they are also classified completely differently.

Table 3. Differences between extortion and robbery

During robbery, the criminal will stop at nothing until he gets what he wants, even if he threatens the life and health of a citizen.

Please note: a fine legal line runs between these phenomena also in the sense that if the extortionist decides to carry out his threat, in some cases it immediately takes the form of robbery, for which there is already a more severe punishment.

What are the requirements for extortion?

Extortion, as a phenomenon of the criminal category, has its own unique features, which include both accompanying threats and, for example, very specific demands.

Let's look further at the list, which will display unlawful claims characteristic of extortion.

1. The most common demand of extortionists, of course, is the transfer of funds. As a rule, we are talking about a very specific amount, expressed in one of the most attractive currencies for criminals:
   rubles;
2. dollars;
3. Euro;
4. pounds, etc.
5. The second constantly encountered requirement involves the transfer of property, which usually becomes:
   cars;
6. apartments;
7. Houses;
8. Jewelry.
9. The third type of demands made under extortion implies that the criminal claims that the victim will perform important actions that are beneficial to him and bring him a certain benefit, namely:
   carrying out repairs;
10. provision of housing for free rent;
11. car rental;
12. other actions of a similar nature.
13. The fourth requirement usually contains a claim to get rid of material costs. At the same time, in the required case, it is necessary to clearly understand that this is not about the desire of the criminal to receive maintenance, but about the fact that he needs the victim:
    paid off any debt for it;
14. paid off his loan;
15. repaid or forgiven a debt and the like.

Money is most often extorted