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A
BSTRACT
Extortion is considered to be a socially dangerous act included in the economic crimes of the Criminal Code,
which involves the use of physical or other force, pressure on the victim himself or a loved one, or the
disclosure of information that the victim wants to be kept secret (blackmail). ) by threatening to hand over
someone else's property, the right to property, or to demand the performance of an act in the direction of
property for the guilty party, or otherwise put the victim in a situation that forces him to give up his
property or the right to property it consists of The main characteristic of this social act is the use of
intimidation to force the victim to comply with the demands of the perpetrator. Also, as a result of this
intimidation, the victim is forced to comply with the demands of the perpetrator, otherwise the threat may
come true in the future. And it is precisely by this feature that this social act differs from aggression.
Extortion is a type of encroachment on other people's property, more precisely, robbery of other people's
property, taking it by force. Robbery of other people's property means taking or transferring someone
else's property for the benefit of the guilty person or other persons, causing damage to the owner without
compensating for it. The direct object of the crime of robbery of other people's property is the social
relations that ensure the right of ownership of the property. From this point of view, the object of this type
of crime is another's property.
K
EYWORDS
Journal
Website:
http://sciencebring.co
m/index.php/ijasr
Copyright:
Original
content from this work
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4.0 licence.
Research Article
SUBJECTIVE SIGNS OF THE CRIME OF EXTORTION
Submission Date:
February 01, 2024,
Accepted Date:
February 06, 2024,
Published Date:
February 11, 2024
Crossref doi:
https://doi.org/10.37547/ijasr-04-02-04
Sunnatov Vohid Toshmurodovich
Associate Professor of the Department of Criminal Law, Criminology and Anti-Corruption of Tashkent State
University of Law, Doctor of Science in Law, Uzbekistan
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Crime, Criminal Code, subject of the crime, the time, place, condition of committing crime, criminal
structure, a natural person, a foreign citizen.
I
NTRODUCTION
Of course, no crime happens by itself, it is
committed by a certain subject, that is, a
person(s), along with various external factors.
One of the necessary elements of the criminal
structure is the subject of the crime.
As the subject of the crime:
- committed a socially dangerous act;
- has reached the age specified in the criminal law;
- sane;
- a natural person, i.e. a citizen of the Republic of
Uzbekistan, a foreign citizen and a stateless
person [1].
Only a person who meets all of the above signs
can be considered the subject of a crime,
otherwise the composition of the crime will be
incomplete and it can be considered that there are
no signs of a crime. Based on this, it can be said
that according to criminal law, a person who
commits a socially dangerous act (action or
inaction) prohibited by the criminal law and can
be criminally responsible for it is recognized as
the subject of the crime [2].
According to the criminal law, only a person who
has reached the legal age can be a subject of a
crime. Determining the age at which
responsibility for a crime is determined, first of
all, comes from the social formation of a person
and the expediency of using methods and
methods specific to criminal law. Pursuant to
Article 17 of the Criminal Code of the Republic of
Uzbekistan, sane individuals who have reached
fourteen years of age before committing the crime
are held responsible for the crime of extortion.
According to M. Kh. Rustambayev, "The subject of
this crime can be any sane individual over the age
of 14" [3].
So, let's take a closer look at the signs of persons
who should be held criminally responsible for the
crime of extortion provided for in Article 165 of
the Criminal Code of the Republic of Uzbekistan.
According to Article 17 of the Criminal Code of the
Republic of Uzbekistan, the subject of extortion is
a 14-year-old, sane individual.
When the legislator strengthened the age of
responsibility for the crime provided for in Article
165 of the Criminal Code, it was based on the fact
that a person can understand the social danger of
this crime from this age, according to the level of
his mental and spiritual development. This means
that at this age, each individual is able to
understand both the factual and social
characteristics of extortion. "A teenager
understands very early that it is impossible to
steal someone's property and kill someone (the
early socialization process provides an
opportunity
for
this).
However,
legal
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consciousness appears in a teenager only when
he reaches a certain age. In this case, the teenager
will be able to understand not only the factual
aspect of his actions, but also their social
significance" [4]. Based on this, the person who
commits the act for which responsibility is
established by law must understand that this act
is a crime. Today, due to the development of
information and communication tools, most 14-
year-old children have mobile communication
devices. There is a very high possibility that they
will extort each other under the condition of not
disclosing some information, but they may not
understand the legal and legal consequences of
this. Based on this, it is necessary to pay attention
to these circumstances when imposing a
punishment.
Sanity of the criminal subject is a necessary
condition of criminal liability. A different point of
view has been put forward in the science of
criminal law, which proposes to look at sanity,
first of all, as a sign of the subject [5]. "Saneness is
a sign that determines the punishment of an act
committed by a natural person. Whether a crime
is found worthy of punishment under the criminal
law depends on the sign of sanity" [6]. Because of
this, the doctrine of sanity is considered one of the
main issues of criminal law theory. In general,
sanity is always recognized as an integral sign and
characteristic of a person who should be held
criminally liable.
The operation of the extortion mechanism
depends on the subject of this type of crime. The
information cited in the legislation and
investigative practice show that the crime of
extortion is mainly committed by the following
persons:
- by one person alone;
- in advance collusion by a group of persons
organized together to carry out one extortion;
- a stable organized group, systematically
operating, established for extortion;
The above-mentioned criminal subjects are held
responsible for the crime of extortion according
to the relevant clauses of Article 165 of the
Criminal Code. Based on this, it would be
appropriate to analyze the above-mentioned
subjects of crime one by one. First of all, in the
process of committing the crime of extortion by
one person alone, one person is both a threat and
a property interest. In this case, only he controls
his actions.
A person who commits the crime of extortion
alone may have different qualities and this affects
the qualification of this crime. Below are the
characteristics of a person who commits the
crime of extortion alone:
- the person who committed this crime for the
first time;
- a repeat or dangerous recidivist who commits
this crime;
- extremely dangerous recidivist;
- a person who commits a crime in the interests of
an organized group.
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These subjects can specialize both in a certain
field (for example, trade structures) and in
relation to certain social groups of the population.
The second is the premeditated extortion by a
group of individuals. Extortion by joint
premeditation means when each participant of
the crime performs his/her own part of the same
crime, contributes to the achievement of the
criminal result and connects his/her actions with
the actions of other participants, mutual actions
of
the
partners
conditionality
and
interdependence are understood. Reciprocity of
actions is manifested in a purely technical
distribution of roles or in such a distribution of
roles among participants of extortion with legal
significance. The composition of extortion is also
limited to the fact that one of the accomplices
actually fulfills all the signs of an objective party,
and the actions of others are limited to the fact of
being at the place of the crime in order to put
psychological pressure on the victim, then this
criminal act is considered to be the commission of
the crime of extortion by a group of persons. can
be qualified. These persons commit the crime of
extortion in partnership, and in order to carry out
threats against the victim or his relatives, in order
to strengthen his reality, they may destroy or
damage
property,
distribute
information
inappropriate for the victim, partially or
completely. If there are grounds, such persons
should be held responsible for the totality of the
crimes, their participation in extortion and the
commission of these actions. Qualifying sign of
extortion is simple partnership (joint execution)
and complex (with division of roles) pre-agreed
commission by a group of persons. At the same
time, in order to consider the subject of the crime
as a group, it is enough to have only one executor
with the participation of other partners at the
same time. For example, a conspiracy participant
who formed the objective aspect of the crime of
extortion, but did not directly participate in the
execution of actions, is considered a person
interested in receiving property from the victim,
because he is considered a member of the group.
The fact that he is a member of the group is
explained by the fact that he committed this
criminal act together with the executor. In
addition, he knows that he belongs to the only
criminal activity committed in partnership.
The third is an organized group. In Article 29, Part
4 of the Criminal Code of the Republic of
Uzbekistan, an organized group is defined as an
organized group in which two or more persons
join together to carry out criminal activities in
advance [7]. First of all, the members of the
organized group must reach a preliminary
agreement to commit one or more crimes, but in
this case, it is not about conspiracy, but about
bringing people together for these purposes.
Uniting individuals into a stable group implies
pre-planning and careful preparation of criminal
actions, preparation of necessary materials for
the commission of the crime, and taking measures
in advance to conceal the crime. At this point, it
can be said that the stability of this organized
group, the relative duration of its existence, the
strength of criminal ties is confirmed by the
relative permanence of the members of the group
united by the common goal of engaging in
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systematic criminal extortion, i.e., the presence in
a permanent group. The stability of such a group
is evident in repeated crimes committed by this
group in the same composition or with the
replacement of 1-2 members. An important
distinguishing feature of an organized group, as
noted in the literature, is the hierarchical system
of relations in the group due to the existence of
the organizer and his role. The group has internal
discipline, its members obey the instructions of
the organizer and general rules of conduct. The
group has internal discipline, its members obey
the instructions of the organizer and general rules
of conduct.
The subjective side of the crime is a specific form
of guilt, which is directly related to the
commission of the crime, covers the specific
mental attitude of the person to the socially
dangerous act committed by him, as well as the
motives and goals of the person during the
commission of the crime. and mental activity
characterized by mental state. The subjective side
of the criminal structure is the mental attitude of
the guilty person towards the socially dangerous
act he committed, which is defined as a crime in
the criminal law, and expresses his guilt, motive,
purpose and feeling [8].
Guilt, which describes the mental attitude of a
person to extortion of other people's property, is
the main sign of the subjective aspect of the crime
under consideration [9]. The definitions of forms
of guilt given in Articles 21 and 22 of the Criminal
Code of the Republic of Uzbekistan describe the
mental attitude of a person to both a socially
dangerous
act
and
socially
dangerous
consequences.
The subjective side of extortion describes the
mental attitude of a person to the socially
dangerous act he has committed.[10] A complete
and comprehensive identification of the signs
describing the subjective side of the crime is a
necessary condition for the correct qualification
of the crime, the determination of the level of
social danger of the act and the person who
committed the crime, and the individualization of
responsibility. Based on this, it can be said that
the subjective side of extortion is characterized
by direct intention, selfish intention and purpose.
Even if the criminal knows the illegality of the
demands made as a means of threatening the
victim, he wants to carry out these actions,
thereby seeking to acquire someone's property,
the right to property, or to perform other actions
[11].
Subjectively, extortion is characterized by certain
mental processes. These processes take place in a
unique form and are holistic in their content,
covering all criminal actions aimed at obtaining
property benefits through extortion.
The subjective aspect of extortion, like other
socially dangerous acts, is guilt, motive and
purpose [12]. Guilt, guilt of a person in
committing extortion includes the main semantic
load in the subjective aspect of extortion. It
should be noted that extortion is committed only
with direct intent. Here, the intent to commit the
crime of extortion includes:
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- the content of the extortion demand and the fact
that its satisfaction is free, that is, robbery;
- lack of rights against the subject of crime, i.e.
illegality of extortion;
- impact on the life or health of the victim and the
content of the threat;
- the method of expression of coercion, its
combination with threats, the fact of bringing
them to the attention of the victim;
- acceptance of the threat by the victim as
objectively feasible.
Thus, a person understands that the act
committed by him is socially dangerous,
dangerous for the property interests of another
person, as well as for property rights, but does not
want to illegally occupy another person's
property or have a property interest in another
way. wants It is important to determine the
subjective aspect of this socially dangerous act in
order to actually implement the crime of
extortion. Based on this, it can be said that it is
impossible to solve a number of issues correctly
without determining the true content of the
specific form and level of the committed criminal
act [13]. For example, recognition of a person as a
very dangerous recidivist (if the committed act
has sufficient grounds to be considered a crime of
extortion), parole (if the level of the crime of
extortion is light, or there are other factors in
general (for example, if the person committed the
act out of compulsion) can be such as amnesty
[14].
It should be noted that the motive and purpose
are obligatory signs of the subjective aspect of
this crime. The malicious motive of extortion
related to the criminal purpose can be manifested
as follows: the desire to satisfy a selfish desire (for
example, the desire to get rich quickly by taking
over someone else's property); desire to satisfy
the need for violence [15]. In this case, the motive
of extortion originates from the initial criminal
purpose, i.e. illegal possession of another's
property or obtaining property interest in
another way, and later this motive is focused on
committing the crime of extortion together with
the desire to use violence.
In short, the issue of causation is so complex that
in criminal law theory, the theories and concepts
of causation are often confused. It is not possible
to generalize one of the eleven theories of specific
causation in solving the issue of causal connection
between any criminal act and the resulting
socially dangerous consequence. As a solution to
this issue, it is necessary to develop specific
criteria, rules and principles for determining
causality [16].
Thus, the subjective aspect of extortion should be
considered broadly, taking into account the actual
actions taken and their purpose [17]. The time of
thinking and creating a sequence of actions for
committing an extortion crime should include the
extortionist's
anticipation
of
possible
consequences. For example, in the process of
demanding material benefit from the victim, it
may be damage, destruction or physical and
mental injury to his property.
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In extortion, the voluntary moment of intent is
characterized by, firstly, forcing the victim to give
property benefits by means of threat or force, and
secondly, the desire to obtain property benefits in
this way, thereby causing property damage to the
victim. In this regard, it is not limited to bringing
a property claim accompanied by threats or
violence to the attention of the victim, or showing
a desire to commit criminal acts, which constitute
objective signs of this crime.
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