In life, no one is immune from extortion. It can be encountered anywhere and in various forms, ranging from serious troubles in which there is a threat to life, ending with extortion of officials, employees of hospitals, schools and other institutions. In most cases, a person who finds himself in a situation where money is extorted does not know what to do. He is discouraged, scared, begins to get nervous and panic.
What is extortion
It must be remembered that extortion is a crime, an attack on someone else’s property (money), falling under Art. 163 of the Criminal Code of the Russian Federation. Having analyzed it from an objective and subjective point of view, we can come to the conclusion that this form of crime is practically no different from such types as robbery or robbery with the use of violence. But at the same time, it must be remembered that demanding money previously borrowed through threats is not extortion, but falls under Art. 330 of the Criminal Code of the Russian Federation “Arbitrariness”.
What is the difference between robbery and extortion? The role of violence in these types of crimes. In robbery and assault, this is a way to achieve your goal - taking possession of property. In extortion, it is the reinforcement of a threat with an action that can be both physical and psychological in nature. For example, a teacher, extorting money for passing an exam, threatens a student that otherwise, having received an unsatisfactory grade, he will have problems with further studies at the university. Here the violence is psychological in nature.
Considering the situation as arbitrariness
There are many cases when an employer engages in arbitrariness. For example, he allows himself to arbitrarily seize an employee’s property to compensate for damage caused, in his opinion, to office equipment or property, or illegally withholds the cost of a new one from a subordinate’s salary. At the same time, he does not pay attention to the employee’s protests and disagreement with this fact, including when he challenges this in an administrative or judicial manner. There is a separate article for arbitrariness in the Criminal Code of the Russian Federation - 330.
Threat as a component of extortion
As a rule, extortion consists of two components: demands for property (money) and threats. Moreover, a threat, as stated earlier, can imply both physical actions (causing harm to health, damage to property, and so on) and psychological (dissemination of defamatory information, reporting any facts or circumstances of life, creating certain problems, and so on). In any case, it is a crime to extort money. What to do, where to turn - this question arises every time for a person who has become a victim.
Composition of the crime and main categories of threats
Extortion refers to the illegal coercion of a citizen to transfer his property, rights to it, or funds to an attacker. For this purpose, blackmail, compromising materials, threats, pressure, etc. are used.
Main categories of threats:
- Threat of violence against the victim, his family members and other close people: Physical harm;
- Mutilation;
- Threat of death;
Most often in judicial practice, there are cases where an attacker learned a secret that discredits the honor of the victim, supported it with photos or video materials for their further use as a threat of dissemination. As a rule, victims try not to talk about such an incident in order to preserve family honor, business reputation, etc., transfer funds or fulfill the conditions of the criminal without involving investigative authorities.
So, in order for extortion to result in criminal liability, it is necessary to prove that all the elements of the crime are present:
- Object – property, honor and dignity, financial papers, etc.
- Subject is a person who has reached the age of 14 and is aware of the consequences of his actions. And also, he must feel guilty and be aware of the harm he is causing to another person.
- Subjective side: Selfish motive – the goal of obtaining ownership of the victim’s property;
- Direct intent.
- The criminal's demand for the transfer of property;
Criminals try to simplify the commission of a crime as much as possible, so that it is difficult to prove the presence of the entire corpus delicti, and all the actions of the victim look like a voluntary desire to donate part of their property.
Please note that “extortion” is considered to be committed at the moment the criminal makes his demands, backed by a threat. Thus, if you are extorted money, you can immediately turn to the internal affairs bodies for help, without waiting for the funds to be transferred
In other words, your rights were already violated at the moment when the attacker voiced his demands to you
Thus, if you are extorted money, you can immediately turn to the internal affairs authorities for help, without waiting for the funds to be transferred. In other words, your rights were already violated at the moment when the attacker voiced his demands to you.
Extortion and blackmail
Often, along with extortion, there is also blackmail, which, according to the law, is not an independent type of crime. But in combination with extortion it acts as an instrument for committing a crime. With its help, as a rule, they are forced to do what is required. But blackmail cannot be a threat of death, since this is a separate crime.
Features of this unlawful act and prosecution for it
In reality, this is a rather complex case, consisting of a number of nuances, because motives and methods of demanding money in favor of the employer, the circumstances of the situation - all this has legal significance. It is important to identify an unlawful act in the boss’s actions that is subject to criminal punishment, qualify it as a crime, and based on this, build a further algorithm for the actions of the injured employee.
At first glance, it may seem that such a criminal act can easily be called extortion and go to court, but in the case of an employer this is not always the case; there are too many nuances that get in the way.
Types of extortion
The reality of our lives is that this type of crime is becoming common. But the citizen is practically unprotected, legally illiterate and often finds himself alone with his troubles. The following types of offenses are common:
- Criminals who use extortion encroach not only on property, but also on property rights. These could be houses, apartments, inheritance. But most crime cases involve money.
- The actions of officials and employees of various institutions and law enforcement officers are regarded as a type of extortion. They can be state or municipal employees, doctors, teachers who promise to perform any official duties for a fee.
- There are facts of extortion carried out with the help of a setup. For example, a traffic accident. Many motorists have become victims of this type of crime, from whom they extort money and threaten to severely punish them for something they did not do.
- Extortion from minors. This type is common in secondary educational institutions, where a teenager is asked for money, phones and other property by his peers or older guys.
Other options for liability of an employer who extorted money from subordinates
The situation is completely different if the employee from whom the authorities are extorting money is a civil servant or works in one of the law enforcement agencies. In this case, it is possible to seek criminal prosecution of the extortionist under various articles:
- for abuse of power;
- for exceeding official authority;
- for bribery.
In any case, you should take into account the circumstances and nuances that will help qualify the crime. This requires a lawyer to consider the situation individually and choose tactics for further action.
What to do in case of extortion
First of all, calm down and approach this with all responsibility. There is no point in running and hiding from ransomware. It is necessary to try to solve this problem and take a number of actions. If you are threatened or extorted money, what should you do in this case? There are some simple tips:
- Do not discuss this problem with extortionists over the phone, insist on a personal meeting, this will give you time to calm down and think about your actions.
- First of all, you need to assess the situation, how serious it is. In some cases, it is enough to remind the extortionist of criminal liability. If this doesn't help, start collecting evidence. Without them, your application to the police may simply not be accepted.
- Carry a phone or voice recorder with you. This is necessary to collect information and evidence. At the same time, talk to the extortionist, pretending that you agree to his terms, bargain to extract as much information from him as possible.
- Having collected a sufficient amount of information, contact the police so that there are grounds to initiate a case under Art. 163 of the Criminal Code of the Russian Federation.
- Try not to be alone when meeting with the ransomware. If his visits become more frequent, then it is necessary for someone to be at home with you at all times. If you are on the street, try to speak loudly so that you can attract attention. You need witnesses.
Another comment on Article 163 of the Criminal Code of the Russian Federation
1. Extortion, along with property, has an additional direct object in the form of the honor and dignity of the victim and his relatives, as well as their personal integrity and health.
The subject of extortion can be someone else's property, the right to it, as well as an action of a property nature.
The victims of extortion are the persons who own, manage or are under the protection of the required property, or their relatives.
2. The objective side is expressed in the demand for the transfer of someone else’s property, the right to it, or the commission of other actions of a property nature.
A requirement is a categorical command statement about the need to perform certain actions by those to whom it is addressed. When extortion occurs, it is accompanied by the threat of violence or destruction or damage to someone else's property. For the content of these signs, see the commentary to Art. Art. 162, 167, 168 CC.
3. The threat of murder is covered by extortion and does not require additional qualification under Art. 119 CC.
The implementation of threats is outside the scope of the crime and may require additional qualifications depending on the nature of the harm caused.
4. In extortion, the perpetrator does not take possession of the property himself, but forces the victim to apparently voluntarily transfer it or the right to it, or to commit property actions.
5. Actions of a property nature consist of active behavior that creates the prerequisites for the legal registration of certain property rights or release from property obligations (for example, issuing a promissory note, repaying a debt, transferring property for use, performing work or providing services).
6. The elements of extortion are formal, the transfer of property, rights or the commission of actions of a property nature is outside its scope; the crime is completed from the moment the illegal demand is presented.
7. The subjective side is characterized by direct intent, the crime is committed for selfish reasons and pursues the goal of illegally obtaining property benefits or exemption from material costs.
8. The subject of the crime is a person who has reached the age of 14 years.
9. In their content, qualifying and specially qualifying signs completely coincide with similar signs of theft.
Causing grievous bodily harm is fully covered by Art. 163 and does not require additional qualifications under Art. 111 CC
However, if as a result of causing grievous bodily harm the death of the victim occurs (the form of guilt in this case is characterized by negligence), then the act must be qualified according to the totality of paragraph “c”
3 tbsp. 163 and part 4 of Art. 111 of the Criminal Code.
10. Extortion with the threat of violence must be distinguished from robbery and robbery. The threat of violence during robbery is a means of taking possession of property, and during extortion it acts as a means of forcing the victim into an apparently voluntary transfer of property.
In robbery, the perpetrator threatens or uses violence that is not dangerous to life or health, but in extortion, the threat may concern any violence. Violence is not used during extortion. Robbery consists of taking someone else's property, and with extortion, the transfer of property to the perpetrator is outside the scope of the crime.
11. Extortion differs from robbery in the following ways:
— robbery is an attack, extortion is not;
- robbery is accompanied by a threat of violence dangerous to life or health; with extortion, a threat of any violence is possible;
- in robbery, the threat serves as a way of directly taking possession of property or retaining it, therefore it arises at the moment the demand itself is presented, and in extortion it is aimed at persuading the victim to agree to transfer the property, therefore it is directed to the future;
- during robbery, the seizure of property occurs simultaneously with the threat; the process of influencing the victim during extortion does not imply the immediate seizure of property, as well as the implementation of the threat.
Where to go
If they extort money, where should you turn? This will largely depend on the type of offense. In case of this crime, retaliatory actions can be of a different nature. The degree of danger should also be taken into account. If your life is threatened, when money is extorted, what should you do? In this case, it is clear to everyone that it is best to contact the police. If your application is refused, write to the prosecutor's office about the inaction of law enforcement officials.
When extorted by officials, employees or teachers, teachers, doctors, not everyone will decide to write a statement to the police. Where to complain if they extort money, in this case? Here it would be wiser to write an application to your immediate superiors or to a higher organization. You can also go to the prosecutor's office.
When a child falls under extortion from peers at school or on the street, in this case it is best to try to meet with the parents of those who do this and contact the school management. If these steps do not bring results, then file a police report.
When faced with extortionists on the road, immediately call the traffic police. In most cases, the mere threat of doing so makes the criminals flee.
If the extortionists are law enforcement officers, then the situation here is a little different, more dangerous than the others. Criminals with power, access to information about you and your loved ones, knowledge of the law and acting on behalf of the state can bring a lot of trouble. What to do if police officers extort money? Here you need to proceed carefully. Do not complain directly to the ransomware bosses, this in most cases makes the situation worse. It is best to contact a lawyer who will tell you what to do. If this is not possible, then write to your own security service.
In what cases will the court oblige a bona fide purchaser to return the home?
Reclaiming one's property from someone else's illegal possession (vindication) is one of the ways an owner can protect his property rights. You can take possession of someone else’s property in different ways – from banal theft to bona fide acquisition on paid terms. And the latter will not always guarantee the buyer of real estate the protection of acquired rights to it.
So, in what cases can a bona fide purchaser be deprived of housing at the request of the actual owner? For this, the legislator has defined several conditions.
- First, the residential premises must be removed from the possession of the owner or other legal owner (for example, a tenant or trustee) against their will. The legislator partially reveals the meaning of the words “beyond their will”, indicating that property can be lost, stolen or removed from possession in any other way. This refers to cases where the owner did not want these consequences to occur and ceased to own the residential premises as a result of actions or decisions of third parties that were not approved by him in the future.
Such actions or decisions may not always be criminal in nature. It is easy to simulate a situation in which the seller, in pursuance of a certain court decision, received an apartment from the owner, sold it to a bona fide purchaser, and subsequently a higher court overturned such a decision. In this case, the residential premises seized from the owner on the basis of a judicial act will also be considered removed from possession against his will4.
- Secondly, the residential premises must be purchased from a person who did not have the right to alienate it. The point is that the person who acted as the seller of the property did not actually have the authority to dispose of it: he was not the owner and did not receive instructions from him to sell the property (by issuing a power of attorney for the sale, concluding an agency agreement, etc.).
The combination of these two circumstances will indicate that the buyer of residential premises will most likely have to part with his purchase if the owner initiates vindication. And the most offensive thing for a bona fide purchaser in this situation will be that, recognizing the transaction for the acquisition of real estate as invalid, the court will not be able to oblige the seller to return the money paid for housing to the failed buyer5.
How to prevent the illegal transfer of rights to real estate - read the materials “To prevent fraudsters from transferring real estate into someone else’s ownership... the owner needs to submit an application that will impose restrictions on transactions with his property”, “Will the new law prevent fraudsters from taking real estate from its owners” , “What will prevent scammers from taking a loan in your name or taking away real estate.”
How to protect yourself from extortion
When faced with extortionists, you should not think that by paying them off once, you will be protected from their attacks in the future. Vice versa. Having learned your attitude to solving problems, having found a pain point where they can periodically apply pressure, criminals will not fail to take advantage of this again.
Nothing in life happens without a reason. Often, a person himself attracts extortionists through his actions. This could be material wealth displayed in public; disclosing information about yourself and your loved ones, especially on the Internet; transfer of personal data.
If you are blackmailed with any information, under no circumstances show how important it is to you. Be cool when speaking. Since criminals can simply test to what extent their knowledge about you affects personal interests. Well, if you receive threats to your life, then, whether you like it or not, you must contact the police.
Why do calls from collectors start?
If a collection agency has contacted a person, this means that the bank has taken extreme measures to recover the debt and has transferred the right of collection to another organization. The lender has the right to do this if such a measure of influence is enshrined in the agreement concluded when taking out a loan. An organization can transfer the situation into the hands of agencies in one of two ways:
- apply as a client, asking to take measures to collect the debt;
- completely sell the rights to return funds (the so-called assignment agreement), essentially transferring the loan completely to the agency.
In the first case, collectors call with a request to return funds to the bank; in the second, they themselves become a creditor to whom the borrower has obligations. This is not a reason to panic, especially if the agency is conscientious and operates within the framework of the law - in this case, its employees themselves are ready to meet the client halfway and offer favorable repayment terms.
