Extortion
LexInter | June 2, 2008 | 0 Comments

Extortion

Extortion

The extortion of funds consists in obtaining by violence, either a signature, or a promise, or the delivery of funds, of values ​​or of any good.

Extortion is one of the crimes and offenses against property . Extortion is a crime which is a violent form of fraudulent appropriation of the property of others.

Extortion is defined by article 312-1 of the Penal Code as obtaining by violence, threat of violence or coercion either a signature, an undertaking or a waiver, or the revelation of a secret, or the surrender of funds, securities or any good.

The conditions of extortion

leverage

The penal code represses the use of any coercion exerted on the person and targets violence, threats of violence and coercion.

The pressure is assessed in concreto , that is to say according to the age and the physical and intellectual condition of the person on whom it is exerted. (see Cass. Crim. June 15, 1987 threat of using a legal remedy that cannot impress a businessman)

the goal pursued

The goal pursued must be one of the three services referred to in article 312-1. 

obtaining a signature, a commitment or a waiver,

the revelation of a secret,

the delivery of funds, securities or any property.

Extortion can tend either to accomplish a positive act or to obtain the abstention of a person. The damage can be not only pecuniary but also moral.

culpable intent

The intention is “the consciousness of obtaining by force, violence or coercion, which could not have been obtained by a voluntary agreement” (Cass. Crim. January 9, 1991)

PENALTIES

The penalties are provided for in articles 312-2 to 312-9

Simple extortion

Extortion is punishable by seven years’ imprisonment and a fine of 100,000 euros.

Aggravating circumstances and penalties

Extortion is punishable by ten years’ imprisonment and a fine of 150,000 euros:
1 ° When it is preceded, accompanied or followed by violence against others resulting in total incapacity for work for a maximum of eight days;
2 ° When it is committed to the prejudice of a person whose particular vulnerability, due to his age, to an illness, an infirmity, a physical or mental deficiency or a state of pregnancy, is apparent or known to the perpetrator ;
3 ° When it is committed because of the victim’s belonging or non-belonging, true or supposed, to a specific ethnicity, nation, race or religion, or to his or her sexual orientation, true or supposed.

Extortion with violence against others

Extortion is punishable by fifteen years of criminal imprisonment and a fine of 150,000 euros when it is preceded, accompanied or followed by violence against others resulting in total incapacity for work for more than eight days.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offense provided for by these provisions.


Extortion is punishable by twenty years of criminal imprisonment and a fine of 150,000 euros when it is preceded, accompanied or followed by violence against others resulting in mutilation or permanent disability.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offense provided for by these provisions.

Extortion with weapon

Extortion is punishable by thirty years of criminal imprisonment and a fine of 150,000 euros when it is committed either with the use or threat of a weapon, or by a person carrying a weapon subject to authorization or whose carrying is prohibited.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offense provided for by these provisions.

Organized gang extortion

Extortion in an organized gang is punishable by twenty years of criminal imprisonment and a fine of 150,000 euros.
It is punished by thirty years of criminal imprisonment and a fine of 150,000 euros when it is preceded, accompanied or followed by violence on others resulting in mutilation or permanent disability.
It is punished by life imprisonment when it is committed either with the use or threat of a weapon, or by a person carrying a weapon subject to authorization or the carrying of which is prohibited.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offenses provided for by these provisions.


Anyone who has attempted to commit an organized gang extortion provided for in article 312-6 is exempt from penalty if, having notified the administrative or judicial authority, he has made it possible to avoid the commission of the offense and identify, if applicable, other perpetrators or accomplices.
The custodial sentence incurred by the perpetrator or the accomplice of an organized gang extortion is reduced by half if, having notified the administrative or judicial authority, he has made it possible to put an end to the offense or to prevent the he offense does not result in the death of a man or permanent infirmity and to identify, where applicable, the other perpetrators or accomplices. When the penalty incurred is life imprisonment, it is reduced to twenty years of criminal imprisonment.

Extortion accompanied by violence, torture or barbaric acts

Extortion is punishable by life imprisonment and a fine of 150,000 euros when it is preceded, accompanied or followed either by violence resulting in death, or by torture or acts of barbarism.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offense provided for by this article.

Extortion followed by violence

For the purposes of Articles 312-2, 312-3, 312-4, 312-6 and 312-7, constitutes extortion followed by violence extortion following which violence was committed to promote flight or to ensure the impunity of an author or an accomplice.

EXTORTION ATTEMPT

The attempt is punished with the same penalties.

EXTORTION FROM CRIMINAL PROCEEDINGS


The provisions of 
article 311-12
  are applicable to extortion

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