What is the crime of extortion?

The crime of extortion consists of forcing someone to do something by means of threats or violence, causing damage to the assets of third parties or to oneself. This action is considered a crime and is specified in article 243 of the Penal Code.

In order to justify the existence of the crime of extortion, it has to be an act carried out for the purpose of increasing the perpetrator's wealth. In other words, the offence must involve financial gain.

What is the crime of extortion?

The concept of extortion originates from the Latin word extorsio, which translates as: pressure applied by one person on another to force them to carry out a certain action in order to obtain a monetary or any other type of benefit.

According to this definition, the crime of extortion includes aggression, threats, intimidation or any act that bends the victim's will.

This offence is one of the crimes of multiple offences, i.e. it does not affect only one legal asset, but several.

How is the crime of extortion regulated?

The Criminal Code specifies the crime of extortion in Article 243.Any individual who forces another to perform or omit to perform a legal activity or act that has an impact on the patrimony of the same or a third person, using intimidation or violence to achieve it, commits the crime of extortion.

According to current legislation, the penalties are imprisonment of 1 to 5 years for those who commit this type of crime. 

Requirements for the crime of extortion to exist

In order to decree the existence of the crime of extortion, some requirements detailed in the Penal Code must be met. These requirements are as follows:

- The perpetrator of this offence must act with the aim of obtaining a financial benefit or, in other words, with the intention of making a profit.

- In order for this offence to exist, intimidation or violence must have been exercised on the victim in order for him to act in a certain way to his own detriment or to the detriment of third parties.

- The consummation of the crime takes place when the victim does not perform or fails to perform an act despite his own or someone else's harm. This is a consequence of the intimidation or violence applied by the perpetrator.

Which subjects are involved in the commission of the crime of extortion?

In the case of the crime of extortion, two subjects are involved: active and passive. In the first case, the active subject is the person who commits the crime of extortion. On the other hand, the passive subject is the victim who, in this context, suffers violence or intimidation by the active subject.

Are threats, blackmail, coercion and the crime of extortion the same thing?

The answer is no. While it is true that they are similar offences, Spanish law distinguishes between one offence and the other. In order to commit the offence of threatening, it is sufficient to use words that represent an intention to harm a person, as long as they constitute a criminal offence.

In the case of the offence of threat, it is not mandatory that the victim experiences emotional distress generated by the perpetrator of the crime. In this situation, the protected legal right is the victim's right to tranquillity and freedom, which are violated by the threats.

On the other hand, the crime of blackmail is also often confused with the crime of extortion. In the former, the perpetrator asks the victim for a payment or any other benefit in exchange for not disclosing intimate information that damages the victim's honour or reputation. The legal assets that are affected during the execution of this offence are: privacy, freedom and property.

Finally, the difference between the crime of extortion and coercion lies in the type of benefit that the perpetrator intends to receive. In the case of coercion, the protected legal right is freedom.

The perpetrator is the person who, without being legally entitled to do so, obstructs another person by applying violence to carry out legal actions or forces him to carry out unwanted acts, whether legal or illegal.

Are the offences of extortion and robbery with intimidation the same?

In both cases, there is an intention on the part of the perpetrator to obtain a financial benefit.

The difference between one type of crime and the other is that, in robbery, the victim surrenders his or her property due to the intimidation exercised. In extortion, on the other hand, the victim is forced to lie or perform an action against his or her will.

If you are suffering from this type of crime, contact us.