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

One of the crimes in the property sector, according to the Criminal Code, is extortion of money or other property or rights to it. This crime is not so rarely confused with robbery, theft, arbitrariness and some other criminal acts.

This implies an attack not only on property, but also on human health and life. Depending on what actions accompanied extortion, the law provides for sanctions of varying degrees of severity.

However, a crime is not always such. Let's imagine this situation: you entered into a deal with someone in which the person transferred money to you without formalizing it in accordance with the requirements of the law.

After some time, he accused you of extortion, citing the fact that you allegedly demanded this money from him, threatening him with violence. In this case, you can, of course, fight it out on your own, but we still strongly recommend that you seek help from an experienced lawyer.

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Extortion: details and elements of the crime

Extortion refers to violent attempts to take someone else's property using threats and other measures that violate human rights. The Criminal Code classifies the following actions as threats:

• Carrying out actions of a violent nature. The legislation does not draw clear boundaries. Violence can be physical or mental.
• Attempts to damage physical property. It may belong to the victim or his relatives. In some cases, the property does not belong to the victim, however, it is under his responsibility.
• Blackmail by disseminating information that discredits the honor and dignity of a person. Such violence is mental, since it threatens to tell everyone about what is a big secret for the victim.
• Attempts to disseminate other personal information about the victim or his relatives. This data does not have to be true. Very often, a criminal seeks to intimidate a person with the opportunity to discredit him in front of those around him.

Blackmail: article of the Criminal Code of the Russian Federation

Blackmail should be distinguished between psychological and physical. If an employer threatens dismissal, demanding to go on a day off, and a child frightens parents by causing damage, this is considered a sign of psychological manipulation. The law does not regulate or criminalize such threats. Only one piece of advice can be given: do not engage in emotional confrontation with the blackmailer and do not follow his lead. Physical blackmail is considered a form of extortion. This threat is already subject to sanctions and punishment for blackmail in 2021 is regulated by the same Article 163 of the Criminal Code of the Russian Federation.

Article “Extortion”: a clear example

Object: Claims to property, as well as threats to harm the life and honor of a person.

Subject: Full responsibility for the actions committed (from 14 years old).

Subjective side: The desire to take possession of someone else's property.

Objective side: The requirement to transfer personal property, as well as threats of harm to life and health. The criminal makes every effort to make the act of transferring property appear voluntary.

An example allows you to understand what exactly the article on extortion means. Now, we will try to figure out the possible punishment and other details.

It should be noted! The corpus delicti is considered formal. Once illegal demands are made with mercenary intent, it is considered over. In other words, it is not necessary to wait until the money is transferred. Your rights are violated already at the moment when the first threat is received.

A small case from practice. The director of one company received a strange letter, the authors of which were two employees. In the message they demanded an impressive amount on a monthly basis. In case of refusal, the attackers threatened to spread rumors that the director had HIV infection. However, when there was no response to the letter, the employees stopped sending threats. This fact does not deprive the senders of liability because they committed a crime. And the presence or absence of consequences does not matter here.

What might the requirements be?

1. Demand to transfer a certain amount (the criminal requests a certain amount of money within a specified period).
2. The desire to obtain property on a voluntary basis (this could be jewelry, various items, a car or even an apartment).
3. Certain actions (the attacker may demand to sign various documents, perform some action, and much more, for his own benefit).
4. Get rid of certain problems (for example, pay off debt, sign off on an apartment, and much more).

The legislation extends the article on extortion to relatives. In many situations, victims become victims of loved ones and relatives. This does not mean that the victim should endure threats from people he knows. Any citizen has the right to contact the police if his rights have been violated. There are no exceptions to the extortion clause for friends or relatives.

Sample statement regarding extortion to the police

The main differences between robbery and extortion

It is important to understand the details as both cases involve threats and violence. At the same time, these two crimes are classified and prosecuted differently by the law.

Extortion

• Physical impact is not necessary. Threats can be psychological in nature. They keep the victim in constant tension and force them to agree to the attacker’s conditions.
• Threats that promise to commit actions that could destroy a person’s life, career, reputation, or harm loved ones. Criminals can threaten a person’s honor, health, or even life.
• The main goal of the attacker is to obtain property on a voluntary basis. There is no desire to “steal” or “seize” property. The victim must agree to the extortionist’s conditions on his own, for example, transfer property, pay a large sum, etc. If the victim refuses to agree to the attacker’s terms, then he can make his threats come true. There is a chance that the criminal will not do this. However, it is impossible to know for sure the attacker's intentions.
• The threat will be carried out in the future, not now. In other words, the attacker gives the victim time to “think.”

Robbery

• An important sign is an attack.
• Robbery implies physical violence that threatens human life.
• The main goal is to “seize” someone else’s property. If there is any resistance, it is important to eliminate it.
• The threat will be realized “immediately,” not “in the future.”

In order to defend your rights, you should know exactly how they were violated.

Details

In 1990, a resolution “On judicial practice in cases of extortion” was adopted. Subsequently, several changes were made to it. Since in the modern world changes occur very quickly, already in 2010 it became clear that the resolution was losing relevance. Then, it was decided to create a new document based on the latest changes in the world.

For this reason, on December 17, 2015, a new resolution was adopted. A number of changes were based on modern realities and existing practice. The ruling is the basis for judicial decisions in 2021 and subsequent years.

Key points

1. An attacker can commit criminal acts for his own benefit or for another person. In both cases, his actions violate the law.
2. Any threat is perceived as real. This means that it can be brought into reality at any time.
3. Even if the victim did not comply with the conditions of the attacker, this does not reduce the severity of the act. It is still considered extortion.
4. Requiring payment of a certain amount on a daily or monthly basis is a single crime. Actions are considered criminal, regardless of the size of the amount received and other conditions.
5. If, in addition to extortion and threats, the offender used physical violence, the crime will be considered in conjunction with other articles of the Criminal Code.
6. If, along with threats, the criminal disseminates certain personal data of a person, knowingly false facts in order to discredit the victim, or commits other actions of a similar nature, the crime will be considered under other articles.
7. If the transfer of property is carried out legally, but is accompanied by threats, this is not considered extortion. However, such an act is considered under other articles.

It should be noted that many people mistakenly classify calls from debt collectors and bank employees in order to obtain funds as extortion. In fact, actions of this nature are not provided for in the article on extortion.

Recently, residents of apartment buildings have been receiving letters indicating an invoice for allegedly services provided. The attackers demand payment for their home care services, threatening to go to court if they refuse. Many strive to quickly fulfill the requirements, fearing publicity and litigation. In reality, the activities of such organizations do not imply payment. Most often, this is a banal scam. Faced with such practices, citizens have every right to go to court to protect their rights.

Where to go and how to file a complaint about extortion

If you receive demands from an extortionist, you should not panic, but contact law enforcement agencies as soon as possible.
Extortion is a criminal offense, so a criminal complaint must be filed. The Criminal Procedure Code does not provide for any special requirements for the format and content of the application. A written form of application is encouraged, which describes in detail all the facts indicating a crime has been committed, and includes a request to initiate a criminal case.

When accepting a statement, a police officer is obliged to warn about criminal liability for knowingly false denunciation under Article 306 of the Criminal Code of the Russian Federation.

The attacker's "action plan". Where can I find evidence?

There are two ways to prove the actions of a criminal. On your own or with the help of police officers.

Important! Extortion is considered a hidden crime. It is not always possible for a victim to find the moral strength to contact the police to protect himself. In most cases, attackers focus on the psychological factor.

Without police help

When faced with extortion, do not rush to panic. If you are unable to get rid of the ransomware, try to pretend that you agree to comply with all its demands. This is necessary in order to stall for time. You can collect evidence that will help confirm the fact of threats and extortion.

Witness testimony can be excellent evidence. At the same time, try not to be alone. Witnesses will be able to confirm that the extortionist insistently demanded to agree to his terms, threatening violence or other actions. These facts will be necessary during the trial.

The presence of an audio recording or video will help prove the guilt of the extortionist. This could be a hidden camera, voice recorder, mobile phone and other gadgets. When making a recording, play along with the criminal and try to get him to have a frank conversation. Specify the amount, conditions, time of transfer, and also tell us about your fears of the threat. The attacker will begin to threaten if you refuse to agree to his terms. Thus, the criminal will give himself away, telling about all his intentions.

Look for your brothers in misfortune. Very often, the ransomware affects several victims at once. Of course, not every one of them will agree to tell others about their misfortune. But they can be a good support in trying to defend your rights.

It should be noted that many people encounter strange messages that unexpectedly arrive on their mobile phone. This has already become a very common practice. The content of such text messages or calls has a general direction. Your loved one has had an accident or other misfortune and urgently needs funds.

Don't rush into a panic attack. Many people forget about common sense and rush to transfer their savings to the specified address. Fraudsters rely specifically on the “effect of surprise.” If you receive a call on your phone, try to ask leading questions to quickly figure out the attacker. If reported, contact loved ones to ensure their well-being.

Theft and robbery

Unlike property damage, which can be committed unintentionally, theft or robbery is always an intentional crime. His motives can be different, from the desire to make money to banal curiosity, and regardless of why the child committed theft or robbery, either he or his parents will have to answer for the act.

Theft means the secret theft of someone else's property, while robbery means the same act, but committed openly. The law also has such a concept as robbery - an attack for the purpose of stealing someone else's property, but it refers to more serious crimes, and therefore we will not consider robbery.

Let's imagine two situations: a teenager steals from a store and takes a cell phone from a classmate. Both robbery and theft are criminal offenses, for which responsibility begins at the age of 14. Persons under this age are not subject to criminal liability. However, from the age of 11 they can be assigned to special closed educational institutions for the purpose of prevention and re-education.

For theft and robbery committed by children under 14 years of age, their parents or guardians are responsible, most often a fine and compensation for damage caused. If you manage to reconcile with the victims, there is a possibility that you can only get by with compensation for the damage.

Thus, a child will not be imprisoned for shoplifting, but he will have to answer for it before the law.

What to do if the extortionists are doctors or teachers?

If a person does not want to fulfill his obligations without receiving a certain amount, he can do without police intervention. It is enough to leave a complaint to higher authorities. More often than not, this brings the desired result.

Such a statement can be written in free form. It is important to note that all key points must be spelled out in it. You should also make sure that the document was registered in the required order and transferred to the recipient.

Bullying at school

There is no such concept as “bullying” in the law. However, there are articles in the administrative and criminal codes that can be applied to the instigators of bullying. For example, insult, battery, threat. It all depends on the specific situation.

However, we should not forget that all of the above articles relate to the criminal code, and therefore, only persons over 16 years of age can be held accountable under them (if the victim suffered significant harm to health or intentionally damaged property, then from 14 years of age). Persons under this age will most likely not face criminal liability for bullying at school, since the legislator assumes that at this age a person is not able to realize the consequences of his actions.

Most likely, educational measures will be applied to the teenager for bullying - a warning, restriction of freedom, the obligation to publicly ask for forgiveness from the victim, a ban on visiting public places. In addition, the culprit will be registered with the Department of Juvenile Affairs.

To avoid such situations, parents should raise their child in the legal field, familiarize him with the basic laws, and explain that any criminal act is punishable. And it is possible that knowledge of the laws will force teenagers to correctly analyze their actions and the actions of others, not to fall into bad company and not to commit crimes.

Arbitrage practice

Example 1. In Odintsovo, the manager was detained. head of administration. The official demanded that a representative of a local commercial organization transfer money to him in the amount of 8 million rubles for approving the transfer of a land plot and increasing its area. For receiving half of a bribe in the amount of 4 thousand rubles, the official was detained by law enforcement officers. The defendant was found guilty and sentenced to imprisonment for a period of 8 years.

Example 2. In Pyatigorsk, a law enforcement officer was convicted for extorting a bribe of 350 thousand rubles from a local resident for refusing to initiate a criminal case against the applicant for child abuse. The local resident transferred the designated amount to the convict in several stages. When transferring the last amount of 100 thousand rubles, the bribe taker was caught red-handed. All necessary examinations were carried out and evidence was obtained. The court found the policeman guilty and sentenced him to 7 years in prison to serve the sentence in a maximum security correctional colony, as well as deprivation of the right to hold a position in the public service for a period of 3 years.

Example 3. Employees of the Economic Security Anti-Corruption Department of the Ministry of Internal Affairs of the Russian Federation detained an associate professor at one of the universities in Omsk on suspicion of receiving illegal funds from a student in the amount of 30 thousand rubles. The university management itself took the initiative to catch the criminal. Together with law enforcement agencies, they detained the criminal in the auditorium of the institution. A criminal case was initiated against the suspect under the article for accepting a bribe by an official. The convict was sentenced to 2 years in prison with deprivation of the right to hold his previous position for a period of 3 years.

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Example 4. An investigator of the Ministry of Internal Affairs of Russia in the Nizhny Novgorod region demanded money in the amount of 30 thousand rubles from a witness in a criminal investigation of a violation of traffic rules for not seizing a passenger car belonging to the witness, which is important for the criminal case. In order to force the witness to give a bribe, the police officer threatened him with criminal prosecution. Inside a private car, the accused received from a man part of the required bribe in the amount of 15 thousand rubles. At the time the culprit was detained red-handed by security officers of the Main Directorate of the Ministry of Internal Affairs of Russia for the Nizhny Novgorod Region, the accused offered active resistance. He collided with several vehicles of the operational services of the Russian Ministry of Internal Affairs. This employee was fired. He was brought to justice under Art. 290 “Taking a bribe.” Now he will have to think about his actions in prison for 5 years.

Extortion of a bribe as a special criminal act

The problem of corruption in Russia remains. Criminals who extort money will be classified as those who receive a bribe. And for this act there is criminal liability regulated by Article 290 of the Criminal Code of the Russian Federation. Articles of the Criminal Code of the Russian Federation for receiving and giving a bribe - elements of the crime and punishment for the bribe-taker and the bribe-giver

Extortion of a bribe, as a special crime, is expressed in the transfer of material values, funds or the organization of demands and threats in relation to a certain citizen, whose rights and interests are violated. In essence, the bribe giver is forced to give a bribe ; this is not his desire. This is to protect yourself from the consequences of the threats that the person who accepts the bribe promised to fulfill.

The subjects of such crimes are usually officials who have any state or official duties. These are government officials, police officers, judges, prosecutors and employees of other government agencies.

The crime of extorting a bribe is always committed with direct intent . The motive is known to everyone - self-interest.

Please note that the Civil Code of the Russian Federation allows officials to accept gifts in the form of material assets in the amount of no more than 3,000 rubles . But the laws “On Combating Corruption” and “On the State Civil Service” categorically prohibit officials from accepting any remuneration - both from individuals and from legal entities.

What subtleties do you need to know during the procedure?

What is the article for extortion? 30 years ago, at the Plenum of the Supreme Court, a resolution was submitted for consideration, which later gradually included changes. Since that time, relations in the world have changed, and in 2010 it was established that all the norms of judicial practice are contrary to reality and therefore do not help solve any problems.

That is why in December 2015, resolution number 56 was adopted, which reflected all modern practices, and after that all courts must use it to resolve such cases.

What is important in the resolution?

When it comes to important points in the resolution, they include the following:

• The extortionist can carry out his actions both for the benefit of himself and for other persons.
• The threat against any person must be recognized as real, because the criminal is capable of carrying it out at any moment.
• If the injured person did not comply with the requirements, this does not in any way affect the assessment of his actions. Extortion is still considered illegal.
• A single crime should be considered when a person wants to receive some kind of ransom every month or every week.
• If the criminal uses beatings during extortion, then an article under the criminal code must be included.
• In the event that all threats become reality, then there is also an additional qualification.
• If the demand for the transfer of property is lawful, but is accompanied by certain threats, then there is no corpus delicti. Maybe everything will be reclassified under other headings.

Important! If you are a debtor and you are being harassed by collectors or employees of a banking institution demanding the return of issued funds, then this demand is absolutely legal. But what is the article for extortion? That is why it is not considered according to the standard under number 163.. In some cases, little-known or young companies send bills to residents of houses saying that maintenance work is taking place, which in fact is not happening

The text of the notifications specifies a certain amount of funds to be repaid and the threat of recourse to the judicial authorities. A legal entity is not held accountable in any way, but every person can write a statement about fraud to the police or prosecutor's office. In this case, cases will be considered from a slightly different perspective.

In some cases, little-known or young companies send bills to residents of houses claiming that maintenance work is happening, which in fact is not happening. The text of the notifications specifies a certain amount of funds to be repaid and the threat of recourse to the judicial authorities. A legal entity is not held accountable in any way, but every person can write a statement about fraud to the police or prosecutor's office. In this case, cases will be considered from a slightly different aspect.

How does the ransomware “act”? How to prove his actions?

When solving a problem, you can use several effective tips at once. You can do the whole process yourself or contact the police.

Interesting fact! Extortion refers specifically to hidden crimes. Not every victim now has the strength to contact the police, so attackers are not afraid of anything.

Self-resolution of the case

If you suddenly encounter ransomware for any reason, then first of all you need to remain calm. Under no circumstances should you show emotions or feelings. If you were unable to get rid of the ransomware on your own, then you can pretend that you are ready to make concessions. After that, take your time. You can begin to collect evidence that will further confirm the wrongfulness of the actions of the other party.

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Expert opinion Golubev Denis Petrovich Lawyer with 7 years of experience. Specialization: civil law. Author of dozens of articles in the media

It is best to stock up on witness statements and do not stay at home alone. Extortionists will demand something from you, and witnesses will be able to confirm this in the future.

It is best to use audio and video recordings to record the conversation. During this, it is better to try to play along with the criminal. It is best to clarify the time, method of transferring money, amount and much more. After this, it is better to become indignant so that the criminal begins to threaten you. You can also find similar cases of extortion. This is what will allow you to strengthen your position in court.