Article 163 of the Criminal Code: extortion of money

– это посягательство, в первую очередь, на отношения собственности. Under the Criminal Code of the Russian Federation, extorting money is an encroachment, first of all, on property relations. As additional objects of crime, the dignity, inviolability, honor and health of the victims. зависит от тяжести посягательства, наличия отягчающих обстоятельств. The time limit for extorting money depends on the severity of the assault, the presence of aggravating circumstances. Let us further consider what kind of responsibility there is for this crime, as well as the signs by which the deed is delimited from other encroachments.

Extortion of money: article

– правовое государство, функционирующее на основании Конституции и законов. The Russian Federation is a legal state functioning on the basis of the Constitution and laws. Legal acts do not allow any encroachment on property, dignity, inviolability, honor, health of people. These goods are strictly protected by law. представляет собой требование предоставить чужое имущество или права на него либо совершение иных действий вещного характера. Extortion of money (Article 163 of the Criminal Code of the Russian Federation) is a requirement to provide someone else's property or rights to it or to commit other acts of a matter in nature. Responsibility under the law occurs when the act is accompanied by threats of violence, destruction / damage to property, dissemination of information that disgraces the victim or his relatives, as well as data that may cause significant harm to the interests or rights of the victim (his relatives). устанавливает следующие виды наказания: The article for extorting money sets the following penalties:

1. Restriction of freedom (no more than 4 years).
2. Arrest for six months.
3. Forced labor, duration is not more than 4 years. In addition, the limitation of freedom up to 2 liters can be imputed.
4. Imprisonment up to 4 years. In addition, a fine of up to 80 thousand rubles may be imputed. Or making up the incomes of the perpetrator for six months.

Aggravating circumstances

наказывается строже, если оно совершено: In accordance with the Criminal Code, extortion of money is punishable more severely if it is committed:

1. Pre-agreed citizens.
2. With the use of violent actions.
3. In a large amount.

For these acts, the guilty persons are sentenced to imprisonment up to 7 years. In addition, a fine of up to 500 thousand rubles may be imposed. Or making up the incomes of the perpetrators for 3 years, and also the restriction of freedom for 2 years. может также совершаться организованной группой, с нанесением тяжкого ущерба здоровью, а также с целью завладения материальными ценностями в особо крупных размерах. Under the rule of the Criminal Code, extortion of money can also be committed by an organized group, with serious damage to health, and with the aim of capturing material values in especially large amounts. In such situations, the perpetrators may receive 7-15 years' imprisonment. In addition, they may be fined 1 million r. Or making up the incomes of convicts for 5 years, and also up to 2 years of restriction of freedom.

Comments on the Criminal Code

– посягательство, предметом которого выступают чужие материальные ценности, права на них, другие действия вещного характера, которые потерпевшему следует совершить в ответ на неправомерное требование субъекта преступления. Extortion of money is an encroachment, the object of which are other material values, the rights to them, other actions of a material nature that the victim should commit in response to the wrongful demand of the subject of the crime. The injured person may be a person who owns, manages or protects financial resources, as well as his relatives.

The objective part

) предусматривает наказание за поведение, направленное на то, чтобы вынудить гражданина передать виновному либо лицам, которых он представляет, требуемые материальные ценности (права на них), а также совершить в интересах преступника определенные действия вещного характера. The considered article of the Criminal Code ("Extortion of money" ) provides for punishment for behavior aimed at forcing a citizen to transfer the required material values (rights to them) to the guilty person or persons he represents, as well as to perform certain actions of a proprietary nature in the interests of the offender. This encroachment has a number of significant differences from theft. The latter presupposes self-appropriation of financial means belonging to the victim. выражается в принуждении гражданина внешне добровольно отдать материальные ценности либо права на них. Extortion of money is expressed in forcing a citizen outwardly voluntarily to give material values or rights to them. At the same time, the perpetrator uses threats to use violence, damage or destroy any property, disseminate any information discrediting the victim or his relatives.

Specificity

The structure of the crime is formal. Accordingly, the direct transfer of material values may occur after a while or not at all. In this case, it should be understood at what point the relevant article of the Criminal Code can be applied. Extortion of money will be considered a completed crime if the unlawful demand is immediately presented, accompanied by appropriate threats. Guilty offers a citizen to give him or the persons he represents, the right, in the implementation of which they can receive material benefits. In the description of the act there is the term "other property actions". They are understood as legally significant behavioral acts, as a result of which the offender or the persons he represents, receive benefits or get rid of expenses.

Coercive means

может совершаться с использованием угроз: Extortion of money (Article 163) can be carried out using threats:

1. Apply violence to the victim or his relatives.
2. Destroy / damage property.
3. Disseminate information discrediting the dignity / honor of the victim (his relatives), or other data that could cause significant damage to their interests and rights.

") не конкретизирует. The nature of violent actions threatened by an intruder, Article 163 of the Criminal Code ("Extortion of money ") does not specify. It follows that it can be absolutely anything. In this case, the threat of murder completely covers the article for extorting money. квалифицирует реализацию угроз как выход за рамки рассматриваемого состава. The Criminal Code of the Russian Federation qualifies the implementation of threats as a way out of the framework of the composition in question. Accordingly, the perpetrator is involved in a combination of norms. An additional article will be art. 167 of the Criminal Code. With the actual disclosure of information discrediting the dignity / honor of the victim / his relatives, undermining their reputation, which is deliberately false at the same time, form an additional slander.

The subjective part

– преступление, которое совершается с прямым умыслом. Extortion of money is a crime that is committed with direct intent. Guilty, understanding the wrongfulness of his behavior and the consequences that will come for the victim, wants to get illegal benefits. At the same time he is guided by selfish motives. к ответственности допускается привлекать физлиц (вменяемых), достигших 14-ти лет. For the extortion of money to liability, individuals (sane persons) who have reached the age of 14 are allowed to be involved.

Qualifying signs

They are envisaged in part two of the norm. As qualifying signs act the commission of the act by previously conspiring subjects, on a large scale and with the use of violent actions. The first two criteria are similar in content to those that are envisaged for theft. The second sign covers violence that does not involve damage to health or causes a mild or moderate disorder. может совершаться при причинении побоев, глумления и пр. In the first case, for example, extortion of money can be committed while causing beatings, mockery, etc.

Particularly qualified signs

They are stipulated in part three. A crime can be committed by an organized group, with serious damage to health or in especially large amounts. The first criterion is similar in content to the same name when stealing. The latter means that the perpetrator compels the victim to transfer to him material values, the value of which is above 250 thousand rubles, to perform other actions of a material nature, the result of which will be to receive a benefit of this size.

Severe harm

He acts as the result of the use of violent actions to the victim. Severe harm is fully covered by a specially qualified staff. Accordingly, the additional application of art. 111 of the Criminal Code is not required. But if the infliction of grievous harm entailed the death of the victim, the act must be qualified additionally for Art. 111, Art. CC RF. Extortion of money in this case should be the sole intent of the guilty. The death of the victim should not be covered.

Related actions

The crime in question, first of all, should be delineated from robbery. The threat of the use of violent actions in the latter case acts as a means of coercion of the victim to a voluntary (by external signs) transfer of material values. While making a robbery, the guilty person indicates the likelihood of using the violence that is harmless to the life / health of the victim. With extortion, the nature of the actions is not specified. Robbery involves the acquisition of other material values. Accordingly, the infliction of property damage to the victim acts as a mandatory feature of the objective part. With extortion, the transfer of material values to the criminal is beyond the scope of this side of the composition.

Delimitation from robbery

From this act, extortion is characterized by the following signs. When robbery as an indispensable criterion is an attack. Extortion, in turn, is by no means always accompanied by it. Robbery is accompanied by a threat dangerous to health / life. When extorting from a criminal, a warning can be issued about the use of any violence. To threaten the victim, he can and murder, for example. In this case, in the case of extortion, the threat can also be of an uncertain nature. Another important differentiating feature is the purpose of the funds used. In particular, in case of robbery, the threat is used to overcome the probable resistance to unlawful seizure of property. In other words, it acts as a way of directly appropriating material values or their retention. With extortion, a threat is an instrument for forcing a victim to consent externally to voluntarily surrender the property. In this case, the attacker seeks not to seize other material assets, but to receive them directly from the victim's hands. If the latter refuses, the offender can realize the threat or not commit the promised actions. In addition, in case of robbery, an intruder creates a danger of warning about the immediate use of violence. With extortion, the realization of the threat is not expected at the utterance, but in a more or less near future. In this case, if the perpetrator executes a warning, then without the possession of property in the application of violence. Otherwise, his behavior is re-qualified, depending on the nature of the violence, robbery or robbery.

Additional victims

When extorting threats can be addressed not only directly to the victim. Victims often include his parents, his wife / husband, and other persons who are related to him. The threat directed at them is intended to force the victim himself to fulfill the demands of the attacker.

Arbitrage practice

In 1990, the Plenum of the Armed Forces adopted the first Decree concerning the application of art. 163. However, by 2010, there is a need to make changes to the document that are adequate to the current conditions. The new Resolution was adopted only in 2015. This act reflects the key provisions of the application of the norm taking into account the current situation. Let's consider some points of the document. In point 1 it is stated that the attacker may pursue the goal of benefiting both for himself and for third parties. When assessing the danger, it is necessary to prove that the victim perceived the threat as real. The victim had to be in a state of fear that the offender could at any time implement it. Failure to comply with the claim of the victim to assess the act is not affected. An intruder will in any case be considered an extortionist. If the perpetrator requires the transfer of funds regularly (every month or weekly), his behavior is qualified as a single crime. If the threat of disclosure of banking, commercial secrets, dissemination of knowingly false information is realized with extortion, the subject's behavior is qualified by the totality of the relevant articles. If the requirement to transfer funds is legitimate, but accompanied by warnings about the use of violence, there is no crime. In this case, it is possible to qualify for other articles (arbitrariness, for example).

How to prove the actions of an attacker?

Bringing the extortioner to justice is not so easy. This crime is considered a highly latent (hidden) act. You can resolve the situation in two ways: independently or with the help of law enforcement. In the first case, some rules should be followed. First of all, when dealing with the extortionist, you must try to remain calm. Do not go on about experiences and emotions. If to get rid of the malefactor it was not possible, it is expedient to pull time. It is possible, as it were, to agree to fulfill the requirements. After that, we must try to draw the time. You can start collecting evidence, testimony yourself. If you manage to delay the time, you should come to the next meeting with a dictaphone or try to set up a conversation in a room where there are surveillance cameras. You can try to find people who also suffered from extortion. For example, quite often the victims of the actions of bureaucrats become a large number of people. Of course, not everyone will agree to participate in such an "investigation". However, with their help, the chances of proving the guilt of the subject are significantly increased.

Contact the police

If there are materials proving the criminal's guilt, you can go to law enforcement agencies. You need to contact the office located at the place where the act was committed. For example, a citizen permanently resides in Kaluga, and came to Orel on a business trip. In one of the days, threats and demands to transfer a certain amount of money began to arrive. You need to contact the police in the city of Orel. The police will issue a statement that must be filled. In some departments, employees do it themselves. Be sure to check the registration of the appeal.

Additionally

In extortion, people of different professions can be involved. Teachers and doctors are no exception. If any such employee refuses to perform duties, demanding remuneration for this, immediately calling the police is often unnecessary. The problem may be resolved by writing a complaint to a higher authority (Health or Education Department). In this case, you also need to make sure that the message has been registered. Quite often in practice, there is extortion among schoolchildren. In such situations, parents need to protect their children. To do this, you can contact the teachers, the school director, the staff of the KDN. In some cases, the problem can be solved after talking with the parents of the extortioner.