The crime of extortion defined in article 243 of the Penal Code punishes to those who for profit force another person by force to do a lawful act or work. Business to the detriment of your property or that of a third party.
The commission of this crime is punishable by imprisonment from one to five years. without this affecting those who may be convicted of physical violence. The commission of this crime is punishable by imprisonment from one to five years. without this affecting those who may be convicted of physical violence.
If you want to know more about this topic Here we will tell you everything you need to know about the terrible crime of extortion.
What is meant by extortion?
The crime of extortion is framed in Chapter III under the heading "Blackmail” in Title XIII of “Crimes against property and the socioeconomic order”.
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In the crime of extortion there are some legal assets that are protected because freedom is protected, on the one hand. On the other hand, property rights are also protected, as it is a behavioral legacy.
According to the dictionary of the RAE extortion is the practice of putting pressure on others through threats. This is to force them to act in a certain direction. in order to obtain money or other benefits is also defined as dysfunction or impairment.
The crime of extortion is committed by performing or omitting a legal act even if no physical damage has been done. Therefore, it is understood that it is a criminal type of the anticipated result of reduction or consumption.
The legal assets of an extortionist are the property, freedom and physical integrity. The subject of the action can be any person while the subject is someone who is subjected to violence or threats to influence their will.
Furthermore, since this crime is committed for profit, the fraud to be able to enjoy your commission.
The characteristics to differentiate extortion from theft
Unlike theft extortion is when the victim performs an act (lawful act or transaction) coerced by the subject through violence or intimidation. Without embargo, the concept is very broad, since it refers to any action that is economically relevant.
The differentiating elements of the type of crime are:
- Violence or direct or immediate threat to the conduct of the active subject that affects the will of the victim.
- Violence is the immobilization or deprivation of movement for a short period of time with the intention of coercing a victim or preventing him from carrying out a lawful activity. If the time necessary for the deprivation of freedom exceeds the necessary time you can appreciate a competition with the illegal arrest.
- Intimidation, on the other hand, includes the notification of probable and serious immediate harm to the person or property of oneself or a loved one or third party that has the potential to cause fear. It is not limited to the use of physical means or the use of weapons, but a speech or threatening or threatening attitude adapted to the circumstances of the threatened person.
The threatened evil is not because it is real as long as it is used to intimidate the victim.
Theft and extortion are distinguished not only by the physical object but fundamentally because of their different "modes of action" in the field of theft. This either by force or by violence and threats to the subject.
Which directly appropriates things while extorting the planned action for the taxpayer to perform or ignore a legal act or company that infringes the rights. That legal that is clearly enforceable even if it is not while the other does not require cooperation on the part of the subject because the subject acts directly and physically taking the movable property of the other person's property.
From all this it can be deduced that the necessary uniformity in the dynamics or «modus operandi» is not required. In extortion, property is not only attacked as a legal asset, but also seriously violates personal property.
This through the use of violence or intimidation as the right to self-determination.