Differences Between Extortion, Coercion And Blackmail
Extortion, blackmail, coercion: the three concepts respond to a criminal typology which can mean, if proven, criminal sentences of a minimum of one year to a maximum of five if said activity is proven.
Although all these actions are equally despicable and intolerable, There are crucial differences between them that distinguish them for legal purposes
Coercion, extortion and blackmail: how to distinguish them?
In this article we will objectively analyze each of these cases and clarify what distinguishes them from each other.
What does extortion consist of?
Extortion is a type of crime or criminology that refers to situations in which a subject in question forces another foreign subject, possessor of property and patrimonial wealth, to omit or carry out a legal act against him (the owner, the extorted person). ), All this through intimidating acts such as violence or threats
In this case, the passive subject or victim is seriously affected financially since the ultimate purpose of extortion activity is profit, the desire to benefit economically, leaving no option to the affected person due to their narrow margin of reaction or negotiation.
The methods to successfully carry out the practice of extortion are usually intimidation which, to ensure the persuasion of the affected person, usually progresses directly to physical violence, with verbal threats first to try to convince the victim, since discretion is essential. preferred by criminals.
Coercion has a definitional complexity worth analyzing. The coercive act is, legally and technically speaking, a voluntary act by a subject A who, in turn, has been intimidated by another subject B to steal, steal or seize movable or immovable property of a third party C.
Although the action is, as we have pointed out, voluntary, the subject in question is not and has not been free to determine his behavior since he has previously been threatened by the delinquent individual.
However, it is worth focusing on the threat element as a variable dependent on the attitude of the coerced, since This cannot be a simple verbal threat There must be clear mitigating circumstances for serious harm, including physical injury or the threat of violence against a family member or friend, for example.
Furthermore, said threat due to coercion must be imminent, irremediable and inevitable without the coerced party having any opportunity to react or evade the threat.
And blackmail, how is it defined?
Finally we find the definition of blackmail. In this sense, blackmail is part of another process by which a person decides to profitably benefit from another person through the threat of harming the person being blackmailed if they do not comply with their requests.
In short, blackmail refers to the defamation or dissemination of something private to the public sphere with the aim of causing emotional harm in particular. For example, a husband who is unfaithful to his wife is photographed red-handed and another person contacts him to ask for a sum of money to silence the scandal.
Within blackmail we find another type, of a non-profit nature: emotional. In this case it is used so that one person can influence the thoughts of another, in a sensory way, manipulating the thoughts of the affected person No benefit is expected in return, simply that the recipient changes their attitude.
The main differences between the three concepts
It is not always easy to know how to identify and interpret the differences between the three crimes, since they all pursue the same goal, that of harm another, whether for one reason or another, in favor of oneself Consequently, the cases would have to be investigated individually, studying the elements and variables involved to conclude which one corresponds to reality.
However, there are some elements that distinguish such similar concepts. In the case of extortion, the offense can be plural. It damages personal property, real estate, the physical integrity of third parties or freedom.
On the contrary, coercion is usually a direct and immediate action, which must be consumed ipso facto, and makes the affected person act for him (coercer). Although in many cases coercion responds to a lucrative purpose, it can be of another nature. That is, making a person hurt another against their will for the simple pleasure of physically harming them.
Finally, blackmail is perhaps the one that differs the most from the previous two Blackmail can also be lucrative in nature, but the violence is minimal and the gift of words is what usually completes the act of convincing the victim. Furthermore, emotional blackmail is not considered a crime or is very difficult to prove, making it extremely complex to prevent these cases from occurring.
