Extortion: how it happens and what the punishment will be under Article 163 of the Criminal Code of the Russian Federation

New edition of Art. 163 of the Criminal Code of the Russian Federation

1. Extortion, that is, the demand for the transfer of someone else’s property or the right to property or the commission of other actions of a property nature under the threat of violence or destruction or damage to someone else’s property, as well as under the threat of dissemination of information disgracing the victim or his relatives, or other information that may cause significant harm to the rights or legitimate interests of the victim or his relatives, -

shall be punishable by restriction of freedom for a term of up to four years, or forced labor for a term of up to four years, with or without restriction of freedom for a term of up to two years, or by arrest for a term of up to six months, or by imprisonment for a term of up to four years with a fine of up to eighty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to six months or without it.

2. Extortion committed:

a) by a group of persons by prior conspiracy;

b) has become invalid;

c) with the use of violence;

d) on a large scale, -

shall be punishable by imprisonment for a term of up to seven years with or without a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years and with or without restriction of freedom for a term of up to two years.

3. Extortion committed:

a) an organized group;

b) for the purpose of obtaining property on a particularly large scale;

c) causing grievous harm to the victim’s health;

d) has become invalid, -

shall be punishable by imprisonment for a term of seven to fifteen years with or without a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to five years and with or without restriction of freedom for a term of up to two years.

What actions are considered extortion

This crime is regulated by Article 163 of the Criminal Code of the Russian Federation “Extortion”.
In accordance with it, extortion is a demand for the transfer of someone else's property or rights to it, containing a threat. Thus, in accordance with Article 163 of the Criminal Code, you can be punished for extortion of money, even if the demands were only voiced and the offender did not take any action. The main thing is that this demand is supported by a threat. The following can be used as a threat:

• threat to the life and health of the victim or his family members;
• threat of destruction or damage to the victim's personal property;
• threat of dissemination of information that discredits the name or business reputation of the victim;
• threat of dissemination of information that could cause harm to the victim or his relatives.

The subject of extortion can be both money and movable and immovable property. For example, housing, car, securities or jewelry.

The qualifying signs of extortion are:

• use of violence;
• extortion on a large scale;
• by prior conspiracy by a group of persons;
• causing serious harm to the health of the victim;
• on a particularly large scale;
• carried out by an organized group of persons.

It is worth noting that if a crime has signs of robbery or robbery, it is qualified under other articles of the Criminal Code of the Russian Federation. The difference between robbery and extortion is that robbery is causing damage with the aim of obtaining benefits at the time of the attack, while extortion is the threat and/or causing damage to the victim in order to obtain benefits in the future. The difference between robbery is that this crime involves the theft of property, and damage to the victim is not caused at all, or is caused, but in a mild form.

Please note that there is no separate article for extorting money from minors; the crime is classified under Article 163 of the Criminal Code of the Russian Federation.

Composition of criminal acts

In accordance with the comments to Article 163 of the Criminal Code of the Russian Federation, the elements of the crime of extortion are:

• the subjective side – direct intent and selfish purpose (selfish purpose is understood as the desire to extract unlawful property benefits for oneself or for a third party);
• subject - a person who is fully aware of his actions, over the age of 14 years;
• object – property relations;
• the objective side is the direct demands for the transfer of property without public disclosure.

Types and signs of extortion

Extortion is divided into:

• illegal demand for funds (this also includes extortion of a bribe by an official);
• requirement for transfer of property;
• extortion in order to relieve the criminal of debt obligations;
• requirement to transfer rights to property;
• extortion for the purpose of obtaining personal gain (for example, providing a service for free).

Commentary on Article 163 of the Criminal Code of the Russian Federation

1. The main object of criminal encroachment is social property relations. Other objects may be life, health, honor and dignity, and personal freedom. The victims are the owners, other owners of property or persons performing labor functions in the sale, transportation, storage, protection of other people's property, etc., as well as their relatives.

1.1. To close people in the context of the comment. Article 163 of the Criminal Code should include not only relatives of the named employees of enterprises or institutions, but also other persons (for example, a fiancee, a close friend), whose life, health and well-being, due to the prevailing life circumstances, are dear to the victim, and the threat against whom can force him to fulfillment of the demands made by the extortionist. The act in question endangers such interests of the victims as bodily integrity or honor and dignity of the person, or the inviolability of their property.

2. Encroaching primarily on social property relations as the main object, extortion has as its subject property that belonged to the named persons. The subject of extortion is also indicated by the material expression of the right to this property (for example, a promissory note, promissory note, check or savings book payable to bearer, fictitious enrollment as a member of a cooperative in order to receive a subsequent share of income), as well as actions of a property nature (gratuitous repairs or construction , testamentary refusal, etc.). This circumstance acquires special significance when distinguishing between extortion and related acts - robbery and robbery.

3. From the objective side, extortion is an unlawful demand of the perpetrator for the transfer of property, the right to property, or the commission of other actions of a property nature, coupled with the threat of violence or with the destruction or damage of someone else’s property under the threat of disseminating information disgracing the victim or his relatives or others information that may cause significant harm to the rights and legitimate interests of the victim or his relatives.

Consequently, the objective side of the crime involves the perpetrator committing two interrelated and independent actions: a) demanding the transfer of property or the right to it or committing actions of a property nature; b) a threat, the content of which is defined by law. Moreover, the first of them is directed against the main object, and the second (threat) is directed against the interests of the individual in order to ensure the implementation of an attack on the main object.

The characteristics of these actions, as well as all qualifying signs of extortion, are given in Resolution of the Plenum of the Armed Forces of the Russian Federation No. 3.

4. The requirement to transfer property or the right to it or to perform actions of a property nature can be expressed orally or in writing, and the requirement is obviously illegal, i.e. the subject does not have any legal basis for receiving property or rights to it. If a person makes a justified demand, although coupled with a threat, there is no element of extortion. In this case, we may be talking about a penalty for arbitrariness (see commentary to Article 330 of the Criminal Code of the Russian Federation) or the use of violence against a representative of the authorities (see commentary to Article 318).

5. The threat must be real and perceived by the victim as entirely feasible. Only such intimidation can have a psychological effect on him. The addressee of the threat can be either the victim himself or the persons mentioned above.

5.1. The threat in extortion is usually directed to the future. Only in combination with a demand to transfer the right to property or to perform actions of a property nature can a threat of violence contain an intention to implement it immediately, unless the consent of the victim is given.

5.2. The threat, firstly, can be expressed in intimidation of the victim by the use of any physical violence - from beatings to murder; secondly, destruction or damage to someone else’s property; thirdly, it can be in the nature of blackmail. In accordance with paragraph 3 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 3, a demand for the transfer of property, accompanied by a threat of disclosure of information about an offense committed by the victim or his relatives, as well as other information, the disclosure of which may damage honor and dignity, should be classified as extortion under the threat of disclosure of disgraceful information. the victim or his relatives. In this case, it does not matter whether the information, under the threat of disclosure of which the extortion is committed, is true.

6. If information of a knowingly slanderous or offensive nature is disclosed about the victim or his relatives, the act, if there are grounds for it, should be qualified in conjunction with slander or insult (see commentary to Articles 129, 130).

7. The crime is completed (by the elements) at the moment of presentation of an illegal demand for the transfer of property, the right to property or the commission of other property actions and mental influence on the victim or persons close to him.

8. The subject of a criminal offense is a sane individual who has reached the age of 16. If an official is involved in extorting the property of legal entities, the act is qualified as receiving a bribe (see commentary to Article 290 of the Criminal Code of the Russian Federation).

9. The subjective side of extortion presupposes direct intent and a selfish goal: the culprit is aware that they are being presented with an illegal demand, a threat is being made, and in this way wants to achieve the unlawful transfer of someone else’s property, the right to it, or the commission of property-related actions in his favor.

10. Part 2 comments. The article provides for the qualified elements of extortion - a crime committed: a) by a group of persons by prior conspiracy; c) with the use of violence; d) on a large scale. Point “b” is excluded from Part 2 of the Federal Law dated 08.12.2003 N 162-FZ.

11. On the concept of a group of persons by prior conspiracy, see the commentary to paragraph “a”, part 2 of Art. 158 of the Criminal Code.

11.1. The actions of other persons who contributed to the commission of a crime (who encouraged the commission, assisted with advice, instructions, provided funds or removed obstacles, promised in advance to hide the crime, etc.) should be qualified as complicity in extortion (see commentary to Article 33 UK). At the same time, the actions of participants in extortion, committed by prior conspiracy by a group of persons, cannot be qualified as a crime committed in a group, if the remaining participants, by virtue of Art. 19 or 21 of the Criminal Code of Russia could not be brought to the Criminal Code.

12. Committing extortion with the use of violence. This qualifying feature covers the infliction of beatings, minor or moderate harm to health, and torture. In this case, no additional qualifications are required for this violence.

13. Large size is determined by the value of the property exceeding 250 thousand rubles. (see paragraph 4 of the note to Article 158 of the Criminal Code of the Russian Federation).

14. Repeatedness in the narrow sense of the word as a qualifying feature (clause “b” part 2) and repetition in the form of identical and homogeneous recidivism as a particularly qualifying feature (clause “d” part 3), being a form of multiplicity of crimes, are excluded from criminal legislation Federal Law dated December 8, 2003 N 162-FZ.

15. Extortion will be considered as especially qualified if it is committed: a) by an organized group; b) for the purpose of obtaining property on a particularly large scale; c) causing grievous harm to the health of the victim.

16. In accordance with paragraph 14 of Resolution of the Plenum of the Armed Forces of the Russian Federation No. 3, an organized group should be understood as a stable group of two or more persons united by intent to commit one or more crimes. As a rule, such a group carefully prepares and plans the crime, distributes roles between accomplices, is equipped with technical equipment, etc.

17. A particularly large amount is determined by the value of the property exceeding 1 million rubles. (see paragraph 4 of the note to Article 158).

18. For the concept of grievous bodily harm, see comment. to Art. 111. In this case, additional qualifications are required under Part 4 of Art. 111, if the intentional infliction of grievous bodily harm resulted in the death of the victim through negligence.

19. Named in the comment. In the article, qualifying and specially qualifying signs should be taken into account when committing extortion in relation to both the victim and his relatives (clause 13 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 3).

20. When deciding the issue of delimiting robbery and robbery from extortion combined with violence, as indicated in paragraph 2 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 3, it should be taken into account that if in robbery and robbery violence is a means of seizing property or retaining it, then in extortion it reinforces the threat. The seizure of property during robbery and robbery occurs simultaneously during the commission of violent acts or immediately after their commission, while in extortion the intent of the perpetrator is aimed at obtaining the required property in the future. Or the extortionist may demand the immediate transfer of property located elsewhere or in a location unknown to the extortionist. In this case, the extortionist demands that the victim himself give him the extorted goods.

20.1. In extortion, the criminal does not seek to directly take possession of the victim’s property through violence, but demands that he himself hand over this property. In this case, it is intended to use violence not in order to take possession, seize property, but then so that the victim does not refuse to fulfill the demands of the criminal. It should be added that the victim of extortion always believes that if he refuses to hand over the property, violence will be used against him in the future. In addition, during robbery and assault, the criminal encroaches on property, which during extortion the victim may not have.

In case of extortion combined with violence, the victim is not placed in such a position, since here the victim is asked to transfer property “voluntarily”, under the threat of violence, and violence itself is used not to seize property, but for the purpose of revenge for the “disobedience” of the victim. In this case, the violence is not accompanied by the seizure of property, although there may be cases when, after the use of violence, after a certain period of time, the victim transfers the property to the perpetrator, fearing a beating in the future. Such actions, of course, should be regarded as extortion.

20.2. If extortion is associated with the direct seizure of the victim’s property, then, if there is a real totality, these actions should be additionally qualified, depending on the nature of the violence caused, as robbery or robbery.

21. Actions provided for in Part 1 of the comment. Articles belong to the category of crimes of moderate gravity, part 2 - serious, part 3 - especially serious crimes.

What to do if you extort money and threaten

Firstly, if you are extorted for money or other property, you should not panic, much less comply with the criminal’s demands. Secondly, you need to collect all available evidence and write a statement to the police. You must contact the department of the Ministry of Internal Affairs at your place of residence.

The application must contain the following information:

• FULL NAME. and the position of head of the department;
• information about the applicant (full name, residential address, contact information);
• details of the extortionist (if available, if not, the statement indicates that the extortionist is an unknown person);
• a detailed description of how the extortion of money or other property occurred.

You can view a sample statement to the police about extortion of money (any other property) by clicking on the link.

All available evidence must also be attached to the application. We will tell you later in the article how to prove the fact of extortion.

Punishment under the Criminal Code of the Russian Federation

Punishment for extortion is established by Article 163 of the Criminal Code of the Russian Federation. In accordance with it, extortion of money and threats is punishable by one of the following measures, depending on the court decision:

• restriction of freedom for up to 4 years;
• forced labor for up to 4 years with or without restriction of freedom for up to 2 years;
• arrest for up to 6 months;
• imprisonment for a term of up to 4 years with a fine of up to 80 thousand rubles or in the amount of the income of the convicted person for a period of up to 6 months or without a fine.

If the crime was committed with aggravating circumstances, namely:

• extortion by a group of persons by prior conspiracy;
• demand for funds and property in large quantities;
• extortion with violence.

In this case, in accordance with Part 2 of Article 163, extortion of money or any other property is punishable by imprisonment for a term of up to 7 years with a fine of up to 500,000 rubles or in the amount of the income of the convicted person for a period of up to 3 years or without a fine and with restriction of freedom for a period of up to 2 years or no.

Extortion by an organized group of persons, either causing grievous harm to the health of the victim, or extortion on a particularly large scale in accordance with Part 3 of Article 163 of the Criminal Code of the Russian Federation is punishable by imprisonment for a term of 7 to 15 years. Also, the convicted person may be given a fine of up to 1 million rubles or in the amount of income for a period of up to 5 years and restriction of freedom for up to 2 years.

Please note that the age of criminal responsibility for extortion is 14 years.

Criminal liability for extortion (Article 163 of the Criminal Code of the Russian Federation)

Criminal liability for extortion (Article 163 of the Criminal Code of the Russian Federation)

Extortion is a demand for the transfer of someone else's property or rights to property or the commission of other actions of a property nature under the threat of violence or destruction or damage to someone else's property, as well as under the threat of dissemination of information disgracing the victim or his relatives, or other information that could cause significant harm the rights or legitimate interests of the victim or his relatives

Punishment for extortion is provided in the form of imprisonment for a term of up to 4 years; for qualified extortion in the form of imprisonment for up to 15 years.

To the subject of extortion within the meaning of Art. 163 of the Criminal Code of the Pension Fund applies to other people's property, namely, things, including cash, documentary papers; non-cash funds, uncertificated securities, as well as property rights, including rights of claim and exclusive rights.

The right to property, the transfer of which may be associated with demands for extortion, in Article 163 of the Criminal Code of the Russian Federation means the ability, certified in documents, to exercise the powers of the owner or legal possessor in relation to certain property.

Other actions of a property nature, the commission of which is the requirement for extortion, include actions not directly related to the transfer of ownership or other property rights (production of work or provision of services that are compensated in normal conditions of civil circulation).

Not only the owner or legal owner, but also another actual owner of the property (for example, a person guarding the property or having access to it due to official duties or personal relationships) who has suffered physical, property or moral harm can be recognized as a victim of extortion.

Extortion under Part 1 of Art. 163 of the Criminal Code of the Russian Federation, presupposes the presence of a threat of any violence. The threat must be perceived by the victim as real. To assess the threat as real, it does not matter whether the perpetrator expressed the intention to carry it out immediately or in the future.

Extortion is a completed crime from the moment when the presented demand, coupled with a threat, is brought to the attention of the victim. Failure of the victim to comply with this requirement does not affect the legal assessment of the act as a completed crime.

When deciding the issue of distinguishing robbery and robbery from extortion combined with violence, it should be taken into account that in robbery and robbery, violence is a means of taking possession of property or retaining it, and in extortion it reinforces the threat. The seizure of property during robbery and assault occurs simultaneously with the commission of violent acts or immediately after their commission, and in extortion the intent of the perpetrator is aimed at obtaining the required property in the future.

When extortion is associated with the direct seizure of the victim’s property, in the presence of a real set of crimes, these actions, depending on the nature of the violence used, should be additionally qualified as robbery or robbery.

If the demand for the transfer of property or the right to property or the commission of other actions of a property nature is lawful, but is accompanied by a threat, then such actions do not entail criminal liability for extortion. If there are signs of another crime (for example, threats to kill, arbitrariness), the act should be qualified under the relevant article of the Special Part of the Criminal Code of the Russian Federation.

When, according to a preliminary agreement between the accomplices of extortion, in accordance with the distribution of roles, each of them commits a separate action that is part of the objective side of extortion (expresses a demand, expresses a threat, or uses violence), all of them bear criminal liability for extortion committed by a group of persons by prior conspiracy .

Senior Assistant Prosecutor

Chelyabinsk L.I. Shemyakina

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.

Commentary to Art. 163 Criminal Code

1. Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 17, 2015 N 56 “On judicial practice in cases of extortion (Article 163 of the Criminal Code of the Russian Federation)” is devoted to the issues of qualification of extortion.

2. The subject of the crime is someone else’s property or the right to property (see comments to Articles 158 - 159 of the Criminal Code and paragraph 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 17, 2015 No. 56).

3. The objective side of the crime is expressed in actions consisting in the demand of the guilty person: a) to transfer property to the guilty person or persons represented by him; b) transfer the right to property to the guilty person or persons represented by him; c) perform other actions of a property nature, i.e. actions not related to the transfer of property or rights to property, but capable of bringing material benefit to the guilty person or persons represented by him (for example, free repairs, construction).

Such a requirement should not be based on an actual or alleged legal right (in the latter case, actions can be qualified under Article 330 of the Criminal Code), be definite, unconditional; the demand can be expressed personally by the perpetrator or through intermediaries orally, in writing or sent through modern means of communication.

4. A demand becomes criminally punishable when it is supported by one of the following real threats: a) the threat of using violence of any severity against the victim or his relatives; b) threat of destruction or damage to the property of the victim or his relatives; c) threat of dissemination of information disgracing the victim or his relatives, or other information that may cause significant harm to the rights or legitimate interests of the victim or his relatives. Such information may be either false or true, but it must affect the rights or legitimate interests of the victim or his relatives.

5. Extortion is recognized as a completed crime from the moment a demand is made, supported by an appropriate threat.

6. The qualifying signs of extortion (Part 2) presuppose responsibility for the commission of a crime by a group of persons by prior conspiracy; with the use of violence (this qualifying feature also covers harm to the health of the victim or his relatives, up to moderate severity); in order to obtain property on a large scale (note 4 to Article 158 of the Criminal Code).

7. Particularly qualifying signs of extortion (Part 3) imply responsibility for the commission of a crime by an organized group; in order to obtain property on a particularly large scale (note 4 to Article 158 of the Criminal Code); causing grievous harm to the victim's health. Murder associated with extortion is qualified under the totality of paragraph “c” of Part 3 of Art. 163 of the Criminal Code and clause “z”, part 2 of Art. 105 of the Criminal Code.

8. Unlike robbery and robbery, during extortion, violence or the threat of its use does not serve as a means of immediate seizure of property or its retention; When extorting, the intent of the perpetrator is aimed at obtaining the required property in the future.