According to § 253 StGB, anyone who unlawfully coerces a person into an act, tolerance or omission by force or by threat (see threat) with a sensitive evil and thereby causes a disadvantage to the assets of the coerced person or someone else in order to wrongfully enrich himself or a third party is liable to prosecution for extortion. Extortion is punishable by imprisonment (see Imprisonment) up to five years or by a fine (see Fine).
Extortion is a property damage caused by coercion. It is therefore assumed that the fact of coercion (see Coercion) is fulfilled.
As a result of the coercive act, a financial disadvantage must have arisen.
In some cases, as in the case of fraud (see Fraud), an order of assets is assumed as a link between the act of coercion and pecuniary damage. According to this view, the distinction between robbery (see Robbery) and extortion is made on the basis of the inner direction of the will of the victim. If the victim allows the loss of custody, although it assumes a margin of discretion, the custody is transferred “voluntarily”, so that there is a removal and thus a robbery and extortion. If, on the other hand, the victim considers the loss of custody inevitable, there is a robbery. Jurisprudence, on the other hand, is distinguished by its external appearance. For example, if the perpetrator takes the wallet from the victim’s jacket, there is a seizure and thus a robbery. On the other hand, if the victim gives the perpetrator the wallet due to the means of coercion used, there should be extortion.
What is an example of racketeering?
The history of extortion is almost as old as humanity itself. Because wherever there are assets, there is always resentment and a desire to procure material and financial goods.
In ancient Athens, the so-called sycophants made a living by extortion. They threatened other citizens with publicly discrediting them by providing false information.
Even more than 2000 years later, many a criminal enriches himself by means of blackmail. A typical example of this are redemption or protection payments.
In the following guide, you will receive answers to the questions: what is blackmail and what to do in the event of blackmail? Find out what characterizes predatory extortion and whether emotional extortion is punishable by law.
What kind of crime is racketeering?
Why is it called racketeering?
What’s considered racketeering?