Volume 03 Issue 12-2023
87
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
12
Pages:
87-93
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This paper provides an overview of articles in the criminal codes of some countries regarding responsibility for
extortion. The author examined the criminal codes of countries such as Armenia, the Republic of Belarus, Georgia, the
Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Moldova, the Republic of Azerbaijan, the Russian
Federation, the Republic of Tajikistan, Turkmenistan, and Ukraine. Corresponding conclusions were drawn.
KEYWORDS
Extortion, threat of violence, repeated extortion, destruction or damage to property.
INTRODUCTION
The Criminal Code of the Republic of Armenia[1], in
Article 182, establishes liability for extortion. Part 1
defines extortion as an act of demanding the transfer
of someone else's property, rights to property, or the
performance of other financially oriented actions. This
is done under the threat of disclosing compromising
information about the person or their close relatives,
or providing data capable of seriously violating the
rights and legitimate interests of the individual or their
close relatives. Extortion also includes the threat of
violence against the person or their close relatives, as
well as the threat of destruction or damage to their
property, which is under the control or protection of
others. Part 2 specifies extortion committed using
violence against the person or their close relatives, by
a group of individuals in conspiracy, or by a person with
a prior criminal record as defined in specific articles of
the Criminal Code. Part 3 addresses extortion
committed with the reckless causing of death or other
serious consequences, for the purpose of obtaining
property on a particularly large scale, by an organized
group, causing serious harm, or by a person with two
or more convictions for certain crimes.
Article 182 of the Criminal Code of the Republic of
Armenia clearly defines extortion and establishes
different degrees of responsibility depending on the
severity of the committed crime. It focuses not only on
Research Article
RESPONSIBILITY FOR EXTORTION UNDER THE LEGISLATION OF
CERTAIN COUNTRIES
Submission Date:
December 19, 2023,
Accepted Date:
December 24, 2023,
Published Date:
December 29, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue12-15
Ergashev Ilyos Urol Ugli
Independent Researcher Of Tashkent State University Of Law Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 12-2023
88
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
12
Pages:
87-93
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
the financial aspects but also on threats to the physical
and psychological well-being of the victims. By
subdividing extortion into parts, the law enhances
penalties for cases involving violence, group
conspiracy, or repeated offenses. The emphasis on
serious cases and particularly large amounts of
property underscores the grave nature of the crime
and the focus on protecting society from extortion
with severe consequences.
The Criminal Code of the Republic of Belarus[2], in
Article 208, establishes responsibility for extortion. It is
divided into three parts, each describing various
aspects and forms of this crime. Part 1 covers the
demand for the transfer of property, rights, or actions
with financial consequences under the threat of
violence to the victim or their close ones. It also
includes threats to destroy or damage property, as well
as manipulation of computer information. It may result
in fines, corrective labor, arrest, or imprisonment for
up to five years. Part 2 of this article addresses
repeated extortion, crimes committed by a group of
individuals involving non-life-threatening violence,
threats of murder or serious bodily harm, and incidents
related to the destruction or damage of property for
the purpose of obtaining significant financial gain.
Penalties for Part 2 include imprisonment ranging from
three to ten years, with or without a fine. Part 3 of this
article covers extortion carried out by an organized
group, using violence posing a danger to life or health,
resulting in severe consequences, and pursued with
the aim of gaining exceptionally substantial financial
advantages. Penalties for Part 3 include imprisonment
ranging from five to fifteen years, along with a fine. It
should be noted that the modification of computer
information is defined as the unlawful alteration or
insertion of knowingly false computer information into
a computer system. This provision applies not only to
this specific article but also to certain other articles in
the Criminal Code of the Republic of Belarus.
In summary, Article 208 of the Criminal Code of the
Republic of Belarus addresses the offense of extortion,
delineating its various forms and consequences across
three distinct parts. Part 1 encompasses demands
involving property, rights, or actions with financial
implications under the threat of violence, including
threats to property and manipulation of computer
information, with potential penalties ranging from
fines to imprisonment for up to five years. Part 2 deals
with repeated extortion, group crimes, and incidents
involving violence or property damage for significant
financial gain, carrying penalties of imprisonment from
three to ten years. Finally, Part 3 pertains to organized
group extortion with severe consequences, attracting
imprisonment from five to fifteen years, along with
fines. Moreover, the unlawful modification of
computer information is explicitly addressed, not only
in Article 208 but also in several other articles of the
Criminal Code of the Republic of Belarus.
The Criminal Code of Georgia[3], in Article 181, outlines
the responsibility for extortion. Part 1 of Article 181
defines the liability for acts of extortion, encompassing
demands for the transfer of someone else's property
under the threat of violence, harm to property,
dissemination of defamatory information, or threats of
its dissemination. The punishment, in the form of a fine
or imprisonment ranging from two to four years, aims
to prevent and punish such unlawful actions. In cases
where extortion is committed by a group of individuals,
is repeated, or is aimed at obtaining significant gain, a
more severe penalty is imposed
–
imprisonment from
four to seven years. This is intended to enhance
accountability for organized and purposeful acts of
extortion.
If the offense is committed by an organized group or
an individual with prior convictions for similar crimes, a
stricter penalty is prescribed
–
imprisonment from six
to nine years. This is directed towards combating
Volume 03 Issue 12-2023
89
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
12
Pages:
87-93
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
systematic extortion and repeat offenses. For
racketeers engaging in extortion, the most severe
punishment is provided
–
imprisonment from seven to
eleven years. This is aimed at eliminating organized
forms of extortion and underscores the gravity of
crimes committed by racketeers.
The Criminal Code of the Republic of Kazakhstan[4], in
Article 194, establishes liability for extortion. Coercion
to transfer someone else's property, rights to
property, or the commission of other pecuniary actions
under the threat of violence, destruction or damage to
property, as well as under the threat of disclosing
compromising information, is subject to a fine of up to
four thousand monthly calculation indices, corrective
labor, mandatory community service, restriction of
freedom for up to four years, or imprisonment for the
same term, with the possibility of property
confiscation.
The use of violence, actions by a group in conspiracy,
or repeated commission of extortion are punishable by
restriction of freedom from three to seven years or
imprisonment for the same term, with property
confiscation. Extortion causing severe harm to the
health of the victim or committed with the aim of
obtaining significant financial gain is punished by
imprisonment from five to ten years, along with
property confiscation. If the actions are committed by
a criminal group or have an especially large-scale
nature, the punishment is imprisonment from seven to
fifteen years with property confiscation.
The article prescribes severe penalties for various
forms of extortion, taking into account the degree of
severity of the crime, the use of violence, the presence
of organized groups, and the scale of criminal
activities. Penalties include fines, mandatory labor,
imprisonment, and property confiscation depending
on the nature and scale of the criminal offenses.
The Criminal Code of the Kyrgyz Republic[5], in Article
208, establishes liability for extortion. Let's examine
the key provisions of each part of the article: Part 1
addresses the offense of demanding the transfer of
someone else's property, rights to property, or the
commission of actions of a pecuniary nature using
blackmail or the threat of violence, which does not
pose a danger to the life or health of the victim or their
close relatives. Possible types of punishment include
corrective labor, a fine, or imprisonment. Part 2
introduces stricter penalties in cases where the same
offense is committed with the use of violence, by a
group of individuals, a group of individuals in
conspiracy, or with the aim of obtaining property on a
large scale. More severe forms of punishment, such as
a larger fine or longer imprisonment, are prescribed
here. Part 3 establishes punishment for actions
covered by the first two parts if they are committed
with recklessness causing severe harm or with the aim
of obtaining property on an especially large scale. This
includes
longer
imprisonment
and
possible
confiscation of property. Part 4 imposes even harsher
penalties for actions covered by the preceding parts if
committed by an organized group or as part of a
criminal community. This entails longer imprisonment
and potential confiscation of property.
The article on extortion in this criminal code
incorporates a progressively stricter approach to
punishment based on the severity of the crime and the
circumstances of its commission. Harsher forms of
punishment are prescribed for cases involving
violence, group offenses, causing serious harm, or
seeking significant gain. The introduction of property
confiscation serves as a measure to counteract criminal
activities in this domain.
The Criminal Code of the Republic of Moldova[6], in
Article 189, establishes liability for extortion. Offenses
related to extortion involve the demand for the
Volume 03 Issue 12-2023
90
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
12
Pages:
87-93
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
transfer of property or the performance of other
pecuniary actions under the threat of violence,
disclosure of compromising information, and threats
of damage or kidnapping. The punishment in the form
of a fine or imprisonment for 3-5 years addresses
various aspects of the crimes and serves as a deterrent
against their commission. In Part 2, conditions that
intensify the liability for extortion are defined,
including actions involving multiple individuals, the use
of violence, threats of murder, property damage, and
actions directed against political figures. Imposing
more severe penalties, including imprisonment from 5
to 7 years and a fine, prevents more sophisticated
forms of crimes. Part 3 introduces additional
aggravating circumstances, such as the commission of
the crime by an organized group, the use of weapons,
violence, or exceptional cruelty, as well as subsequent
receipt of the extorted property. These circumstances
entail
more
severe
punishments,
including
imprisonment from 7 to 10 years and significant fines.
Kidnapping-related offenses are even more serious
and are punished by imprisonment for a period of 10 to
13 years, emphasizing the gravity of such actions (Part
4).
The introduction of criteria related to the value of the
property
establishes
additional
criteria
for
punishment. If the value of the property exceeds 40 or
100 times the projected average monthly wages in the
economy, the punishment becomes more stringent
with an increase in the duration of imprisonment (Part
5 and 6).
The legislation strictly regulates crimes related to
extortion, providing different levels of punishment
depending on the circumstances and severity of the
offenses. This is aimed at creating a more effective
deterrent and ensuring a more equitable criminal
prosecution based on the specific circumstances of
each case.
The Criminal Code of the Republic of Azerbaijan[7], in
Article 182, establishes liability for extortion. This
article on extortion comprises several parts, defining
various aspects of the crime and the corresponding
punishments. Let's analyze each part.
Punishment for extortionists demanding the transfer
of property or rights to it under the threat of violence,
disclosure of compromising information, or the threat
of destruction of property entails imprisonment from
three to five years (Part 1). Additional complications
are introduced, such as the commission of the act by a
group of individuals in conspiracy, repeated instances,
the use of violence, and the aim of acquiring
substantial property. The punishment in this case is
higher, ranging from five to ten years of imprisonment
(Part 2).
It considers actions committed by an organized group,
taking into account the goal of obtaining significant
property and causing serious harm to the health of the
victim. The punishment varies from ten to fifteen years
of imprisonment (Part 3). It establishes stricter
punishment for extortion with the aim of acquiring
exceptionally large property, setting the term of
imprisonment from thirteen to seventeen years (Part
4).
It follows that the criminal law aims to create a
punishment system, considering diverse forms of
extortion and their potential danger. Stringent
measures are introduced for group actions, violence,
and a deliberate intent to acquire substantial property.
The punishments are proportionate to the degree of
danger and severity of the offense, which can serve as
an additional incentive for crime prevention.
The Criminal Code of the Russian Federation[8], in
Article 163, establishes liability for extortion. Forcing
the transfer of property, rights to property, or the
Volume 03 Issue 12-2023
91
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
12
Pages:
87-93
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
performance of other material actions under the threat
of violence, destruction of property, or the
dissemination of compromising information is subject
to various types of punishment, including restriction of
freedom, compulsory labor, arrest, or imprisonment
with a fine. The punishment depends on the nature of
the committed crime. Part 2 of this article specifies the
punishment for more serious forms of extortion, such
as committing a crime by a group of individuals in
conspiracy, using violence, or on a large scale. Various
punishment options are also provided here, including
imprisonment, fines, and restricted freedom. Part 3
defines the punishment for extortion committed by an
organized group with the aim of obtaining property on
an exceptionally large scale or causing serious harm to
the health of the victim. The most serious types of
punishment are envisaged here, including long-term
imprisonment, fines, and restricted freedom.
An overall analysis indicates the strictness of legislation
regarding extortion that causes material damage or
involves threats of violence. Additionally, there is a
tendency towards more severe punishments for
organized groups and crimes of an exceptionally large
scale.
The Criminal Code of the Republic of Tajikistan[9], in
Article 250, establishes liability for extortion. This
provision covers various cases of extortion, providing
diverse levels of punishment depending on the nature
and severity of the committed crime. Part 1 of this
article sets the punishment for the basic type of
extortion, which encompasses the demand for the
transfer of property or the performance of other
material actions under the threat of violence,
disclosure of derogatory information, or the threat of
destruction or damage to property. The punishment
ranges from five to ten years of imprisonment with
possible confiscation of property. Part 2 intensifies the
punishment for more serious cases of extortion, such
as the repetition of the crime, the use of violence, or
the involvement of a group of persons in a conspiracy.
Here, imprisonment for a period of ten to twelve years
with or without confiscation of property is stipulated.
Part 3 deepens the criteria for punishment, including
extortion by an organized group, causing serious harm
to health, in cases of dangerous recidivism, or with the
aim of obtaining property on a large scale.
Imprisonment for a period of twelve to fifteen years
with the confiscation of property is provided in this
context. Part 4 establishes the highest level of
punishment for extortion in cases of especially
dangerous recidivism, with the aim of obtaining
property on an exceptionally large scale or the use of
weapons, ammunition, or explosives. Imprisonment
for a period of fifteen to twenty years with the
confiscation of property is stipulated here.
A general analysis indicates a serious approach to
extortion crimes, taking into account various
circumstances and their severity. The level of
punishment corresponds to the nature and degree of
danger of each type of extortion.
The Criminal Code of Turkmenistan[10], in Article 253,
establishes liability for extortion. This article outlines
the responsibility for crimes related to extortion,
depending on their nature and severity. Part 1 of this
article defines the punishment for the basic type of
extortion, which includes the demand for the transfer
of property or rights to property under the threat of
violence, destruction, or damage to property, as well
as threats to disseminate compromising information
about the victim or their close relatives. In this case, the
punishment is correctional labor for up to two years or
imprisonment for up to four years with or without
confiscation of property. Part 2 of this article intensifies
the punishment for more serious forms of extortion,
such as committing the crime by a group of persons,
repeated offenses, the use of violence, or the use of
Volume 03 Issue 12-2023
92
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
12
Pages:
87-93
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
information technology. In this case, the punishment
includes imprisonment for a period of three to eight
years with or without confiscation of property. Part 3
provides punishment for extortion committed by an
organized group or criminal community, causing
serious harm to the health of the victim, as well as with
the aim of obtaining property on a large scale. In this
case, the punishment includes imprisonment for a
period of five to twelve years with or without
confiscation of property.
A general analysis indicates the legislature's inclination
toward stricter measures of punishment for more
severe forms of extortion, especially in cases involving
a group of persons, repeated offenses, the use of
violence, the use of information technology, or
organized groups.
The Criminal Code of Ukraine[11], Article 189,
establishes liability for extortion. Part 1 of this article
defines the punishment for the basic form of extortion,
which includes the demand for the transfer of property
or rights to it, the commission of actions of a material
nature under the threat of violence against the victim
or their close relatives, the restriction of their rights,
freedoms, or legal interests, as well as the damage or
destruction of their property. For such crimes, the
punishment is in the form of restriction of freedom for
up to five years or imprisonment for the same term.
Part 2 of this article imposes a stricter punishment for
more severe forms of extortion, such as committing
the crime repeatedly, in conspiracy with a group of
persons, by an official using their official position, with
the threat of murder, causing serious bodily harm,
damaging or destroying property, or causing
significant harm to the victim. For such actions, the
punishment is imprisonment for a term of three to
seven years.
Punishment for extortion combined with violence,
dangerous to the life or health of a person, or causing
significant property damage is established by Part 3. In
such cases, the punishment is imprisonment for a term
of five to ten years with the confiscation of property.
Part 4 of this article provides for the highest level of
punishment for extortion that caused particularly large
property damage or was committed by an organized
group in conditions of war or a state of emergency, or
combined with causing serious bodily harm. For such
actions, the punishment is imprisonment for a term of
seven to twelve years with the confiscation of
property.
Therefore, the analysis of foreign criminal legislation
allows us to conclude that the norms on extortion
most closely aligned with our understanding are found
in its counterparts contained in the criminal codes of
the CIS countries. Specifically, this refers to the
Republics of Belarus, Russia, Kyrgyzstan, Kazakhstan,
Armenia, Tajikistan, and Azerbaijan.
REFERENCES
1.
The Criminal Code of the Republic of Armenia.
http://www.parliament.am/legislation.php?ID=
1349&lang=rus&sel=show
2.
The Criminal Code of the Republic of Belarus.
https://pravo.by/document/?guid=3871&p0=hk
9900275
3.
The
Criminal
Code
of
Georgia.
https://matsne.gov.ge/ru/document/view/1642
6?publication=241
4.
The Criminal Code of the Republic of
Kazakhstan.
https://online.zakon.kz/document/?doc_id=315
75252&pos=5;-108#pos=5;-108
5.
The Criminal Code of the Kyrgyz Republic.
https://cbd.minjust.gov.kg/112309?cl=ru-
ru#st_208
Volume 03 Issue 12-2023
93
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
12
Pages:
87-93
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
6.
The Criminal Code of the Republic of Moldova.
https://continent-
online.com/Document/?doc_id=30394923#pos
=6;-143
7.
The Criminal Code of the Republic of
Azerbaijan.
https://continent-
online.com/Document/?doc_id=30420353#pos
=2157;-60
8.
The Criminal Code of the Russian Federation.
https://www.consultant.ru/document/cons_d
oc_LAW_10699/3cf93ca64f2a009e75430fc639
4b66a3642ba176/
9.
The Criminal Code of the Republic of Tajikistan.
https://continent-
online.com/Document/?doc_id=30397325#pos
=6;-125
10.
The
Criminal
Code
of
Turkmenistan.
https://online.zakon.kz/Document/?doc_id=312
95286&sub_id=2530000&pos=2346;-
19#pos=2346;-19
11.
The
Criminal
Code
of
Ukraine.
https://online.zakon.kz/Document/?doc_id=30
418109&pos=5;-108#pos=5;-108
