Extortion of Article 163 of the Criminal Code of the Russian Federation with comments: sample application

Illegal acts that are committed against the interests of citizens of the country and not only must be punished. To do this, there is the Criminal Code of the Russian Federation, which prescribes all the subtleties and definitions necessary to uncover the crime and know exactly its subject matter. Illegal actions that are aimed at causing harm to another person are punished depending on the motives of the deeds and the result. One of those is extortion. In order to clearly define what this crime is, it is necessary to apply directly to the Criminal Code of the Russian Federation.

What article is applied?

In order to get acquainted with what is the subject of the crime and what measures are being taken towards the perpetrator, it is necessary to turn to art. 163 of the Criminal Code. This act refers to crimes against property, because it violates the rights of the injured party. Since the law guarantees every citizen the rights and freedoms, such as the right to free movement, thoughts, words and so on, any actions aimed at infringing upon these rights and freedoms will be surely proven and punished. This article consists of three parts.

Definition of criminal action

According to Article 163 of the Criminal Code of the Russian Federation, extortion is an illegal act directed against the property of another person, they conclude that the guilty person demands from the victim a certain amount of money or other tangible or intangible means. The main distinguishing feature is the fact that the aggrieved party did not give consent and did not express a desire to perform this action. Crime can be committed under pressure, which is not only on the victim, but also on his relatives, friends and friends. It should also be understood that this refers to the personal property of the victim, to what does not belong to the extortionist, that is, to someone else's property.

In order to understand the essence of the criminal act, we give the simplest example. The management of the kindergarten requires the entry fee of $ 500 from the parents of the child who attends this educational institution. Otherwise, the child will be excluded from the kindergarten. These actions are illegal, because they contradict what the state guarantees to its citizens, namely the right to free education.

Sometimes people do not even think about the fact that the demands made against them by other persons, representatives of organizations and municipal institutions, are illegal.

Types of extortion

There are several types of crimes against the property of another person, which qualifies as extortion art. 163 of the Criminal Code with comments. Punishment depends on the circumstances under which this illegal act was committed. There are several basic types of crimes against someone else's property.

Part 2 of Article 163 of the Criminal Code

The second part of the article contains such information. A crime can be committed as follows:

• A group of individuals, and this was preceded by collusion;
• Clause b of this part of the article has ceased to be valid under the Federal Law of 8 December 2003;
• Paragraph (b) describes the type of crime in which violent acts were applied against the injured person;
• Item d describes a crime committed on an especially large scale.

The penalty for this part of the article is as follows:

• Restriction of freedom of a citizen for up to seven years, while he is also facing a fine of up to 500,000 Russian rubles;
• Imprisonment up to seven years with the imposition of penalties in the amount equal to the salary or other income of the accused received for up to three years;
• Conclusion for up to two or seven years.

When considering this issue is not so important the result, which is achieved in the commission of a crime. That is, it does not matter whether the violent action against the injured person was ultimately applied. If the violent measures were carried out, then this will correspond to a completely different article of the Criminal Code of the Russian Federation. In this situation, the result is important, for example causing a grievous environment to the victim or causing moderate damage, light bodily harm or theft, robbery and so on.

Part 3 of Article 163 of the Criminal Code

According to Article 163, extortion should be understood as the commission of violent property actions directed against the property of another person:

• For part a of the crime, an offense is committed by an organized group of persons;
• For part b of the article, forced extortion is used to seize other people's property on a large scale;
• Part of it concerns such types of extortion, when the damage to the health of the victim was inflicted;
• Part d of the article lost its force on December 8, 2003.

As for punishment for committing a crime against someone else's property, it will be as follows:

• Conclusion for a period of 7 to 15 years with the application of a fine of up to one million rubles;
• Imprisonment from 7 to 15 years with the application of a fine that will match the size of the salary or other source of income for a period of up to 5 years;
• Restriction of freedom from 7 to 15 years;
• Restriction of the freedom of the offender to 24 months.

If the crime qualifies as extortion art. 163 of the Criminal Code of the Russian Federation with commentary (large size implies a more serious punishment), then the guilty person faces imprisonment and a fine, the size of which is determined by the court. To understand the nature of this type of crime and the ability to distinguish it from other similar unlawful acts, one should refer to the comments on art. 163 of the Criminal Code.

A comment

Considering extortion, art. 163 of the Criminal Code with comments, the size of the penalty and the punishment for the perpetrator, it is worth saying that mitigating circumstances can be taken into account . Extortion is a special form of crime against the property of another person. The reason for this is quite simple, the form of the illegal act is of a complex nature, since in order to determine precisely this article to punish the guilty person, it is necessary to provide unquestioning evidence. Sometimes it's hard to do. This crime is not so simple as robbery or theft of another's property. In order to determine the nature of the crime, a very strong evidence base will be required. The investigator, who is leading the case, should collect it. As for the practical part, this is a very rare crime, not because no one does it. Just to prove it is difficult.

In qualifying the actions of the perpetrator as extortion art. 163 of the Criminal Code of the Russian Federation with commentaries the term regulates depending on several criteria. The article contains very important information, provides for punishment depending on the conditions under which it was committed. Comments will help to distinguish between robbery, robbery and extortion. These are very similar crimes, but for each of them a separate punishment is envisaged.

It should be noted that extortion itself can be considered perfect at the time when the criminal presented his claims to another person to transfer their property rights to property that did not belong to the first.

What do you need to prove?

Very rarely extortion acts as the only criminal act. Usually it is interfaced with other, more serious crimes. In order to apply for extortion art. 163 of the Criminal Code with comments, you need to know the deadline for submitting an application. It is necessary to observe two mandatory conditions.

1. The accused presented property rights to someone else's property.
2. These actions were accompanied by threats, blackmail and other measures of psychological, and sometimes physical violence.

The second point is the method and means for the perpetrator to achieve the task.

Nuances of the article

The crime is committed deliberately, if we talk about extortion (Article 163 of the Criminal Code with comments). The plaintiff's statement must contain the conditions and circumstances under which the offender wanted to seize other people's property or rights to it.

In order for a person to answer for his criminal actions, he must be brought to justice. How to do it? The first thing to do is to visit the police station and write the corresponding statement in full detail. From this moment the investigation of the fact of the crime begins, the search for the culprits and the accumulation of evidence base.

Extortion Application

To begin consideration of the criminal case, it is necessary to compile and file an application from the injured person to the police. It is served in free form, but there are some required data that will need to be specified. The application is written in the name of the head of the Ministry of Internal Affairs at the place of registration or at any police station in the country. If the crime was committed in another area, then the application will be forwarded to that department, which is authorized to consider it.

No special form for the application is required, you can write it on a separate blank sheet. Above, on the right, as usual, indicate the position, name and initials of the person in whose name it is submitted, as well as the applicant's data. To apply with you must have a passport.

Sample Application

Further, the body of the statement is drawn up: "I, I.O., declare that 1.01.01 ..." At the end of the application, it is written that the applicant has been warned of responsibility for deliberately false testimony or denunciation. Below - the date and signature.

In the application it is necessary to specify the offense. Do not forget about the two components - the presentation of property rights and threats. If at least one of the two points does not take place or it is difficult to prove it, the case will most likely be closed because of the absence of the composition of the crime itself.

If the actions of the guilty person qualify as extortion art. 163 of the Criminal Code of the Russian Federation with comments (you can ask for a sample of the application from the person who will accept it), you must also present all available evidence when submitting the application. It can be photo, video or audio recording, scrapbook, phone numbers, meeting place and conditions and so on. On this the applicant's case is considered complete, as the relevant authorities must proceed further.