Extortion

Article

December 3, 2021

Blackmail consists in the use of violence, or only threats of violence or other serious, such psychological damage, so that the victim is forced to do something, omit or tolerate. This restricts her free choice, which is the object of the crime. In Czech law, this is a criminal offense under Section 175 of the Czech Criminal Code, which is one of the crimes against liberty similar to restriction of personal liberty (Section 171 of the Criminal Code), robbery (Section 173 of the Criminal Code), violation of domestic freedom (Section 178 of the Criminal Code), etc. Unlike robbery, a threat of non-immediate violence (eg a letter) or a threat of other serious harm is sufficient for blackmail. The robbery clause is therefore special to extortion, as the means and the target are narrower.

Facts

Free decision-making is a protected human interest. The objective side of the crime is that the perpetrator forces another to act, omit or suffer (for example, the shop owner is forced to pay extortionists, threatened with the destruction of his property, students are bullied by their older classmates, etc.). From the subjective point of view, intention is required. In addition to the direct use of physical force or even the threat of immediate violence, extortion can also be the threat of causing serious property damage or damage to personal rights, honor or reputation. However, the action must be unjustified; blackmail does not threaten foreclosure, for example, if the debtor does not pay his debt on time. Unjustified threats may lead to the breakdown of a marriage, to the initiation of criminal proceedings and the use of detention, regardless of whether the injured party has actually committed a crime, it may also lead to the perpetrator demanding a change in the educational environment of their joint of a minor child, if the injured party does not withdraw the consent to prosecute the offender.I only preparation for this crime is a criminal offense.

Penalties for blackmail

If the basic factual nature of the crime of extortion is fulfilled, the perpetrator faces a term of imprisonment of half a year for up to four years or a fine. The crime of extortion also contains a relatively rich list of circumstances conditional on the use of a higher penalty rate (so-called qualified facts): imprisonment for 2-8 years for extortion with at least two other persons, with a weapon, if it causes significant damage, as a member of an organized group, if he commits such an act on a witness, expert or interpreter in connection with the performance of their if he commits such an act on another for his or her actual or perceived race, ethnicity, nationality, political beliefs, religion or the act of extortion with the intent to enable or facilitate the commission of the crime of treason (Section 309 of the Criminal Code), terrorist attack (Section 311 of the Criminal Code) or terror (Section 312 of the Criminal Code), as well as if it for 8-16 years, the offender will be punished if death is caused.

Reference

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External links

Pictures, sounds or videos on blackmail on Wikimedia Commons Encyclopedia entry: Otto in the Wikisource Dictionary in Wikisource List of works in the Union Catalog of the Czech Republic, the topic of which is blackmail

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