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.
Conclusion
In each specific situation that has signs of extortion, the choice of decision must be made individually and the victim should not forget: having paid once, you will have to pay in the future.
Only by not agreeing with the demands of the attacker and relying on the support of law enforcement agencies can you finally get rid of the harassment and avoid moral and material losses.
In addition, we should not forget that a bribe-giver who did not inform law enforcement authorities about this may be prosecuted under Article 164 of the Code of Criminal Procedure of Russia.
Bringing an extortionist to court is a rather complex process that can lead to stress or damage business reputation. Therefore, you should carefully prepare and involve competent specialists in the matter. A lawyer in St. Petersburg with the necessary qualifications will understand the current situation and suggest the correct course of action, which will result in minimizing the negative consequences and bringing the extortionist to justice.
Related articles:
Extortion of money: how it happens and what the punishment will be Extortion of a bribe: features, differences and types of responsibility Extortion and threats via the Internet or by telephone Legal aspects and nuances of extortion
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 is the difference between legal and illegal debt collectors
The Bank of Russia, being the initiator of legislative amendments, pursued the main goal of clearing the debt collection market of “black” collectors. The system works as follows:
- Activity on a legal basis is possible only after inclusion of a legal entity in the state register.
- To be included in the register, an organization must meet a number of requirements.
- Companies that do not comply with legal requirements are not included in the register and, as a result, are deprived of the right to engage in such activities.
Thanks to this mechanism, numerous companies that were unable to rebuild their work in accordance with the requirements of the new law left the Russian debt collection segment. For this reason, there have been fewer illegal actions against debtor citizens, but the problem has not been completely eradicated.
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.
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.
Is it worth using the services of bouncers?
In this matter, it is important to understand that any disagreements on the territory of Russia must be resolved strictly within the legal framework. When faced with difficulties in repaying a debt, citizens often do not consider filing a lawsuit as an effective way to resolve the issue.
The services of legal collection agencies will seem to many to be not entirely effective or simply inaccessible. As a result, the only option left is to turn to private individuals, who will have a strong psychological and sometimes physical impact on the debtor.
It is impossible to say for sure how effective this method of resolving the issue is. This approach is illegal, since no one has the right to force a citizen to fulfill obligations without having the appropriate authority to do so.
If the collector turns to debt bouncers, then he automatically becomes the initiator and accomplice of criminal actions that may be committed against the debtor. Therefore, it is best to solve problems with debt repayment within the legal framework.
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.
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.
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.
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.
Comments: 1
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Author of the article Irina Rusanova
Consultant, author Popovich Anna
Financial author Olga Pikhotskaya
- Sergey
11/19/2021 at 6:33 pm I am owed money in the amount of 5,000 thousand rubles for almost half a year
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