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The crime of extortion is defined in Article 243 of the Penal Code, within Title XIII, which includes crimes against property and against the socioeconomic order.
The crime of extortion punishes a person who forces another to perform or omit an act or legal transaction, provided they do so using violence or intimidation. The courts classify it as a crime of encounter, because the injured party is forced to hand over a good or execute a legal transaction in favor of the perpetrator, an action that causes harm either to the victim of extortion or to a third party.
Joaquín Sugrañes is a highly specialized criminal lawyer who offers excellent criminal defense to all his clients.
If you are facing a problem related to what we have described, do not hesitate to call us and discuss your case with us, so we can evaluate the different options for your best criminal defense.
His extensive experience in extortion crimes has allowed him to achieve a high percentage of success cases in the exercise of defense positions for those who have been investigated or accused of such crimes.
He has also successfully acted in countless criminal proceedings representing victims of such crimes, as a private prosecutor.
We are a criminal law firm in Barcelona specializing in property and socioeconomic crimes . Our level of specialization in this field, combined with our experience in all the cases we have participated in, allows us to offer excellent criminal defense to all our clients.
As expert extortion lawyers in Barcelona , we defend those under investigation or accused of extortion, as well as private prosecution, representing victims of extortion.
To establish a crime of extortion, the following requirements must be met:
Violence consists of the use of physical force against another person. Does it also include the use of force against objects? Consider, for example, breaking objects by hitting them to intimidate the victim. The majority view holds that this crime does not cover cases in which force is not directed against people but against objects. However, another branch of jurisprudence considers that force against objects can be capable of generating intimidation, a type of moral violence, which would be included in the crime.
As for intimidation , it is understood as inspiring a feeling of fear in the victim, through the announcement of an evil.
This crime carries a prison sentence of one to five years .
However, if the physical violence used constitutes another crime (for example, a crime of battery), the perpetrator will be punished for both the crime of extortion and the crime corresponding to the act of violence exercised.
According to the Courts, the crime of extortion is a crime of short-term consequences, which does not require the production of actual financial damage. Thus, the crime is consummated when the act or legal transaction capable of producing the damage is performed or omitted.
Joaquín Sugrañes is a highly specialized criminal lawyer who offers excellent criminal defense to all his clients.
If you are facing a problem related to what we have described, do not hesitate to call us and discuss your case with us, so we can evaluate the different options for your best criminal defense.
The Supreme Court reminds us, in Judgment No. 849/2022, of October 27, of the main differences between these criminal offenses.
The crime of conditional threats for profit, provided for in Article 169.1 of the Criminal Code, is characterized by the fact that the harm caused to the victim is made dependent on a condition, a future event whose realization depends on the perpetrator’s will.
The main difference between extortion and threats of profit lies in the immediacy of the announced harm in order to obtain the result. The crime of extortion requires a direct relationship between the intimidation or violence used and the perpetrator’s consent to the act or legal transaction. In contrast, in the crime of threats, the immediacy of the harm is less immediate and is more prolonged.
Another difference between the two crimes is that, in extortion, the expected conduct of the victim is the granting of a legal act or transaction, while threats seek to obtain any other benefit or good with economic value, without legal form.
Both extortion and theft are property crimes committed using violence or intimidation to obtain a benefit.
The main difference between the two crimes is that, in the case of extortion, the typical conduct consists of forcing the victim to carry out a legal transaction against his or her will (for example, forcing him or her to hand over an object to the perpetrator), while in the case of robbery, the perpetrator directly seizes the property by using violence or intimidation against the victim.
On the other hand, only movable property can be subject to theft. On the other hand, extortion can affect any property.
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After receiving a court summons as a suspect for fraud , we held an initial in-person meeting with the client to inform him of the steps to follow for his best criminal defense. First, we filed a written statement of appearance with the court that handled the case, requesting a copy of the entire file […]
The client hired us to represent his interests as a victim of a crime of misappropriation . Thus, after the corresponding analysis of the feasibility of the criminal claim, we filed a complaint, which was admitted for processing, thus initiating the preliminary investigation phase of the case. During the investigation phase, we requested that all […]
This crime is regulated in article 298 of the Penal Code.
The crime of damage is regulated in articles 263 to 267 of the Penal Code, within Title XIII.
The crime of usurpation is defined in articles 245 to 247 of the Penal Code, within Title XIII.
