In modern life, you cannot be sure that you will not be overtaken by extortion. This phenomenon can be encountered completely unexpectedly, and the manifestation has different forms. In its standard form, extortion can be a threat to health or life in order to obtain money. Situations involving extortion of finances from officials and high-ranking officials are increasingly occurring. The victim, of course, is in a discouraged state, he is scared, and real panic begins. It is worth considering the issue of extortion in detail for a clear understanding of the subsequent actions in such a situation.
In most cases, it is in this way, “in an envelope”, that the extortionist receives his reward
The essence of extortion
The illegal demand of one person from another for money, property or valuables and subsequent acquisition of rights to all this is extortion. When making such demands, the extortionist often threatens to cause physical harm.
The criminal can make the following threats:
- use of physical violence against the victim or her relatives;
- causing damage to the property or personal belongings of the victim;
- dissemination of information that can insult the honor and dignity of the victim;
- dissemination of false information that can harm a person.
The object of the crime in this case will be legal relations of property and a threat to the health, life or dignity of a person. Most often, they extort money or property with ownership rights to it. It is extremely important for the extortionist that such transfer occurs in the most voluntary form, so he will certainly avoid punishment. The subjective side should be considered the direct intent of the violator and his selfish goals for the illegal acquisition of goods that do not belong to him at all. In this case, the subject should be considered a person who has reached the age of 14 years.
What can act as an object of extortion
Threats can come to the victim not only in person, but also via SMS, and extortionists can not act alone
The criminal often demands from his victim not only finances, but also the right to own goods or even his own release from debt. For example, a fraudster can re-register any real estate as the property of the extortionist. Often the criminal forces the apartment to be signed over in his favor. The charges in this case will be somewhat more severe. The punishment may be imprisonment for up to 15 years.
Even if a person is forced to write a receipt stating that the loan was repaid to him, this is similarly considered extortion. It is worth noting that the object of extortion is often funds that are in bank accounts, including electronic currency; the target of the extortionist is not always cash.
What exactly and how can they demand
As a rule, criminals want to obtain material benefits from a legal entity or individual. Let's say they may ask to transfer the amount in order to avoid reprisals. Or they may be required to give up any valuables or even re-register the property. It all depends on what exactly interests the blackmailer.
Methods of influence are of the same type; they can be divided into two types: physical and psychological. In the first case, violence is used or only death threats are received. They may promise to injure a person, even kill, damage or destroy property, for example, a car or a house.
Psychological impact does not imply that a person will be harmed to health. However, blackmail can be even more effective than direct threats of violence. They may demand money, but in return they will not disseminate certain information. As a rule, information possessed by attackers can harm a person’s life. Let’s say the wife is told that her husband is cheating, or at work the fact becomes known that an employee is stealing money from the company. The information itself may be fictitious, but the family or management of the enterprise may believe it.
Criminals can also set conditions on which a person’s future depends. Let's say a teacher may ask for money for a student to pass an exam. And without this, he will not give a rating. It also happens that a specialist wants a bribe, but without it he threatens not to start his work or will do it poorly. This can also be considered a violation of the law, especially if government officials act unlawfully.
How can extortion occur?
Forms of extortion that entail criminal penalties can be completely different.
- Illegal demands. For example, they require finances, but the person did not take them and does not owe them to anyone. In this case, threats come not only personally, but also through mail or strangers. When the requirements violate the law, the actions are punishable under Article 163 of the Criminal Code of the Russian Federation.
- When demanding your funds. The situation when a person is asked for the amount of money that he borrowed, but refuses to give back, sometimes gets out of control. A person who has lent his finances can wait for the debtor at the entrance, beat him up, etc., threatening immediate violence if the funds are not returned to him as soon as possible. Such measures are usually used in cases of great desperation. In this case, there is no need to talk about extortion, but the actions will still be regarded as illegal.
- Collectors demanding money. The collector’s demand to return funds to the bank or microfinance organization in which he works should not be considered arbitrariness. But there are often cases when actions go beyond what is reasonable, and debt collectors beat up debtors.
○ Extortion of officials or employees: teachers, doctors, etc.
In cases where extortion is not associated with a threat to life and health, the amounts extorted are not large, and you do not want to spend a lot of your time communicating with the police and initiating a case, but want to punish the extortionist, you can look for alternative (but not always effective) ways to fight with an illegal act.
✔ How to fight?
If officials or employees without remuneration (teachers, doctors, employees of organizations) refuse to perform their duties, contact their immediate management or a higher organization orally or with a statement in free form, in which you set out all the circumstances.
What measures to take against ransomware
Thanks to marked banknotes, in most cases it is possible to prove the fact of extortion
Calm down and understand that the troubles you are experiencing are far from trivial and they have serious consequences. There is no need to hide and be afraid of ransomware. It is better to take measures to solve the troubles that arise. If you are threatened and demanded to give up your own benefits, you need to:
- do not talk to the extortionist on the phone, demand a personal meeting, and during the period of quiet waiting you can calm down and think about further actions;
- it is important to realistically assess how serious the situation is, sometimes it is enough just to intimidate the extortionist with the police, but in other situations, collect evidence that will become your savior in the police and court;
- always carry a voice recorder and phone with you, so you will surely collect an ideal evidence base, comply with any conditions of the extortionist, bargain and try to extract the maximum amount of evidence;
- after collecting information, go to the police station to open a criminal case;
- do not be alone with the extortionist; if the visits have become somewhat more frequent, it is important that you are not left alone even at home. On the street, have a conversation with him loudly, try to get the attention of passers-by.
What to do if you are extorted money? Everything will depend on what type of offense it is. Retaliation for extortion has its own penalties, so you should be extremely careful. When threats relate to health or physical violence, then it is worth involving the police; if you receive a refusal, write a statement to the prosecutor's office. If you are extorted on the road, you should immediately contact the traffic police. In most cases, criminals are immediately removed.
How to get rid of ransomware?
It would seem that the easiest way to get rid of extortionists is to give in to their demands and still give them the amount of money they ask for.
However, there are ambiguous nuances here.
Firstly, there remains a risk that after receiving the money the extortionist will still not calm down.
On the contrary, he can demand more and more new amounts of money. Perhaps his demands will increase to such an extent that it will no longer be possible to satisfy them. There are frequent cases of fraud related to money loans. So, if the borrowed funds and accrued interest are returned, it is not a fact that the creditor will not demand to repay the debt again.
If extortion is related to the repayment of a debt and some funds were nevertheless handed over to the extortionists, then this fact should be documented in the form of a receipt. Although this may not always be the best way out of the situation.
The second option is to file a complaint about extortion with law enforcement agencies (police, prosecutor's office). This is a much more effective solution.
Of course, this will require some effort and patience. The latter will be needed to collect as much detailed information as possible about the ransomware.
This is necessary so that the submitted application is promptly considered and a fair decision is made on it.
You will have to communicate with the extortionist calmly and with restraint.
It’s great if you can record his threats - for example, record them on a voice recorder.
Depending on the circumstances - the type of extortion, the degree of threat, the amount required by the extortionist - of operational actions will be developed .
Most often, you will be asked to hand over marked banknotes to the extortionist. At the moment of transfer of the sum of money, the extortionist is detained.
There is no need to show the extortionist your fear of disclosing certain information. On the contrary, in some cases it is better to make this information public yourself in order to disarm the extortionist.
After all, the extortionist can “declassify” this information in a light favorable to him.
How to prove extortion
Punishment for extortion by a group of persons
Any extortion, even with threats, must be proven independently. To do this you must provide:
- Record a live conversation on a voice recorder or a recorded telephone conversation. If, for example, a teacher extorts money from your children for good grades, you should simply record this conversation and provide it where required.
- Call details. A printout can be obtained from the main office of the mobile operator in your city.
- Witness's testimonies.
- Received threats in letters, including emails.
- Recording beatings. If physical force is used, the beating should be recorded at the police station.
There are situations when banks extort money. At the same time, the company does not act directly, but through third parties. In this case, you should send an official letter to the company's address with your complaints. The organization must put a stamp on such a letter. This will become evidence in court.
How to fight?
If each case of extortion on the part of state and municipal structures is reported to the relevant authorities , then, most likely, it will be reduced to a minimum.
In particular, extortion in medical institutions can be stopped by filing a complaint with the head physician against those health workers who extort money for performing their immediate duties. Contacting an insurance company will give good results .
What is important first of all is the concern and determination of those from whom money is extorted.
Of course, sometimes joining the fight against ransomware is fraught with stress .
But the extortionists will be punished , and potential extortionists working in these institutions, having weighed all the pros and cons, will probably abandon their plans.
In addition, it is necessary to take measures aimed at protecting personal data and personal information so as not to create a wide field of activity for extortionists.
You should not reveal family secrets to strangers, brag about your material wealth, transfer your photographs, documents, etc. to third parties.
Particular care should be taken when posting information on the Internet. You should not make dubious acquaintances.
Punishments for crime
Qualification of extortion
If threats of physical harm are received, the term of imprisonment can reach 4 years. If the extortionist works not alone, but by a group of people, and threats of violence are carried out, the prison term is increased to 7 years.
When extorting large sums or real estate, property worth more than 1 million rubles, the extortionist risks receiving a severe punishment of 15 years. In some cases, extortion occurs against the backdrop of the kidnapping of a person or child. The terms of imprisonment will correspond to the gravity of the offense and they are usually not subject to appeal.
What to do when someone extorts money?
Extortion of money is an illegal act that must be stopped as quickly as possible by law enforcement officers so that it does not lead to human casualties.
Therefore, if you receive death threats or criminals do not allow you to live in peace, you need to take prompt action to respond.
Where to go if they extort money?
You can file a complaint about extortion of funds either to the police department or to the prosecutor's office . The second option is effective if the first did not lead to a solution to the existing problem.
When contacting the police, you should visit the department located at the place where the criminal acts were committed. To do this, you only need to take your identification document with you.
You can submit an application either orally or in writing . In the first case, a law enforcement officer will fill out a special protocol with you, which you must familiarize yourself with, after which you will leave your signature on it. In the second case, you will be given a coupon notification of acceptance of the application.
You have the right to call the police to the scene if, at the time of the crime, you believe that the threats expressed pose a real danger.
The application should include the following information:
- Name of the police department;
- Your contact details;
- The attacker's data if you know it;
- The circumstances of the incident;
- Evidence of the criminal's guilt;
- Awareness of criminal liability for giving false testimony;
- Date and signature of application.
Within a period of 3 to 10 days, the police must check the application and make a decision on it to initiate a case under Art. 163 of the Criminal Code of the Russian Federation or refusal to initiate it.
You can contact the prosecutor's office for help in the following cases:
- The police did not accept the statement or issued an unfounded refusal to accept it;
- The person guilty of extortion holds a government or other management position.
If you miss the attempt to file a statement with the police and immediately contact the prosecutor, your statement will be transferred to the jurisdiction of the police department.
Sample statement to the police
To the head of the Ordzhonikidze district police department
Magnitogorsk Fonvizin I.R.
from Sekretov Ivan Sergeevich,
living at the address Magnitogorsk, st. Tevosyan, 12, apt. 144
Tel. 89028779944
STATEMENT
On May 13, 2018, I, Ivan Sergeevich Secrets, born December 9, 1987, was beaten by a group of masked young men unknown to me in the entrance of my house at the address: st. Tevosyan, 12, apt. 144. On March 23, 2018, I entered into the inheritance of my deceased mother, who gave me an apartment, a car and a large sum of money in the amount of 1 million 250 thousand rubles. Since April 2, 2018, I began to receive threats and extortion of funds in the specified amount from individuals unknown to me. I received weekly phone calls threatening physical harm. On May 13, 2018, these threats were put into action by the attackers.
I inform you that in the indicated entrance there is video surveillance, which recorded the process of the criminals attacking me. In addition, I have audio recordings of negotiations with extortionists, from which it is obvious that I received threats. As a result of the attack, I suffered multiple soft tissue injuries and a broken nose. All beatings were removed on the same day.
Based on the above, I ask you to conduct an inspection by law enforcement agencies and initiate a criminal case under Art. 163 of the Criminal Code of the Russian Federation.
On criminal liability for knowingly false denunciation in accordance with Art. 306 of the Criminal Code of the Russian Federation, I have been warned.
Application:
- Disc with video recording dated May 13, 2018.
- A disk with audio recordings of incoming telephone threats.
- Medical certificate from State Budgetary Institution No. 1 in Magnitogorsk regarding the removal of beatings dated May 13, 2018.
05/16/2018 Secretov I.S.
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.
Countermeasures against criminals
First, you need to decide what kind of money extortionists are pursuing a person:
- If a school or kindergarten requires funds, the director of the institution or the prosecutor’s office should help. It would be a good idea to write an application to the Department of Education.
- It is better to block calls from collectors using blacklists. Also, a complaint to the bank on whose behalf the calls are made or a complaint addressed to the Central Bank will help.
- Ordinary criminals should be afraid of being chased by the police. This means you need to write statements.
A citizen can only cope with debt collectors on his own if he has a sufficiently stable psyche. In other cases, it is better to immediately contact the police for protection.
If the extortionist is a child
Child extortion
Not everyone understands that not only an adult, a criminal and a villain can be an extortionist. Your child's peer may become an extortionist. What to do if a child extorts money? This problem is especially relevant in educational institutions and other public places for children. Juvenile bullies may extort money and other items from those younger or weaker than them.
In this case, it is better to contact his parents. As it seems at first glance, such measures should solve the problem, but the parents of juvenile hooligans may not be entirely normal people or simply do not care about their own children. If this step does not bring results, then go to the school principal. Otherwise, the final authority will also be the police.
How to protect yourself and your loved ones?
Any citizen should know that no one has grounds to violate his rights and legitimate interests. The same applies to his loved ones.
The legislation is aimed at protecting the population; accordingly, you should not be afraid to exercise your civil rights.
The state has vested various structures with the rights to implement the provisions of the law in practice. This includes the police, prosecutor's office, investigative committee, etc.
Thus, for protection, citizens should contact the specified departments and completely entrust them with the investigation of the crime.
