Extortion, blackmail, coercion: the three concepts correspond to a criminal typology which can lead, if proven, to criminal penalties of a minimum of one year to a maximum of five if this activity is demonstrated.
While all of these actions are equally despicable and intolerable, between them there are crucial differences that distinguish them for legal purposes.
Coercion, extortion and blackmail: how to distinguish them?
In this article, we will analyze each of these cases objectively and clarify what sets them apart from each other.
What is extortion?
Extortion is a type of crime or criminology that refers to situations in which a subject in question forces another third party, possessor of property and possessions, omits or performs a legal act against (the owner, extortion) , all of this through acts of intimidation such as violence or threats.
In this case, the taxpayer or the victim it is badly damaged economicallySince the ultimate goal of the extortion activity is profit, the intention to benefit financially, leaving no choice to the person affected by his low margin for reaction or negotiation.
The methods for carrying out the practice of extortion are usually intimidation which, to ensure the persuasion of the victim, usually leads directly to physical violence, first having verbal threats to try to convince the victim, already that discretion is preferred by criminals.
Definition of the concept of coercion
Coercion has a determining complexity which deserves to be analyzed. The coercive act is, legally and technically speaking, a voluntary act of a subject A who, in turn, was intimidated by another subject B for stealing, stealing or seize the 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 conduct since he was already threatened by the offender.
However, it is necessary to focus on the threat element as a variable depending on the attitude of the coercive, because it can’t be just a verbal threat. There must be clear mitigating factors for serious harm, including physical injury or the threat to rape a family member or friend, for example.
Furthermore, this threat of coercion must be imminent, irremediable and inevitable without the coerced party having any possibility of reacting or escaping the threat.
And how is blackmail defined?
Finally, we find the definition of blackmail. In this sense, blackmail is part of another process by which a person decides to profit another person profitably by threatening to harm the blackmail if they do not respond to their demands.
In short, blackmail it refers to defamation or dissemination of something private in the public sphere in order to cause emotional harm in particular. For example, this unfaithful husband to his wife is photographed in fraganti and another person contacts him to ask him for a sum of money to silence the scandal.
In blackmail we find another type, of a non-profit nature: the emotional. In this case, it is used in such a way that one person can influence the thoughts of another, in a sensory way, manipulate the thoughts of those affected. No benefit is expected in return, it suffices for the recipient to change his 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, because they all pursue the same goal, that of harm the other for one reason or another, in favor of oneself. Therefore, it would be necessary to study the cases individually, studying the elements and variables involved to conclude which corresponds to reality.
However, there are some elements that distinguish these similar concepts. In the event of extortion, the offense may be plural. It infringes on movable and immovable property, on the physical integrity of third parties or on liberty.
On the contrary, coercion is generally a direct and immediate action., Which must be consumed ipso facto, and causes the person concerned to act in his place (coercive). Although in many cases the coercion is for profit, it can be of a different nature. In other words, getting one person to hurt another against their will just for the sake of hurting them physically.
finally blackmail is perhaps the furthest from the previous two. Blackmail can also be lucrative in nature, but the violence is minimal and the gift of speech is what usually consumes the act of persuasion in the injured. In addition, emotional blackmail is not considered a crime or is very difficult to prove, so it is extremely complex to prevent such cases from happening.