What Article 181 of the Criminal Code of Georgia regulates
Extortion is an offence provided for by Article 181 of the Criminal Code of Georgia, directed against property relations and at the same time affecting a person's mental freedom. Under the law, extortion means the demand for the transfer of another person's property or property right, or for property benefit, coupled with the threat of the use of violence against the victim or his or her close relative, the destruction or damage of their property, the dissemination of defamatory information about them, or the threat of disseminating other information that may substantially harm their rights.
If a charge under this article concerns your family, or if you are the victim of extortion, it is important to know exactly what conduct counts as extortion, how it is classified into separate parts, and what punishments are provided. This page describes all three parts of the article in detail, together with the directions in which a defence lawyer works on such cases.
The essence of the offence — the demand and the threat
The composition of extortion consists of two necessary elements. The first is the demand — a demand addressed to the victim for the transfer of another person's property or a property right, or for property benefit. The second is the threat that accompanies this demand: the threat of the use of violence against the victim or his or her close relative, the threat of destroying or damaging their property, the threat of disseminating defamatory information, or the threat of spreading other information that may substantially harm their rights.
The difference between a simple property demand (for example, a demand for the performance of a civil-law obligation) and extortion lies precisely in this element of threat. A demand that is well-founded and is not accompanied by the prohibited forms of coercion is not punishable under this article. In court practice this boundary is frequently the subject of dispute, and a lawyer's correct position changes the outcome of the case.
Punishment for the basic composition — the first part
Extortion provided for by the first part of the article is punishable by a fine or by imprisonment for a term of two to four years. The case therefore already begins within the framework of a rather strict punishment, which underlines the public danger of this offence.
The qualified composition — the second part
The second part attaches a stricter punishment to the same act when it is committed: by a group; more than once; or with the aim of obtaining property in a large amount. In these cases the offender is punishable by imprisonment for a term of four to seven years, and a fine is no longer provided as an alternative in this part.
The individual elements require particular attention: the concepts of commission by a group and of repeated commission are determined by the general norms of the Code, while the assessment of the aim of obtaining property in a large amount rests on the concrete factual circumstances of the case. The correct establishment of these elements determines whether the conduct is classified under the second or the first part.
The most serious composition — the third part
The third part concerns the same act when it is committed by an organized group, or by a person who has been convicted two or more times for unlawful appropriation of another's property or for extortion. Such an act is punishable by imprisonment for a term of six to nine years.
In this part the establishment of the person's previous convictions is particularly important: the law presupposes conviction two or more times for unlawful appropriation of another's property or for extortion. A defence lawyer necessarily verifies the legality of the previous judgments and their influence on the classification of the current case.
How a defence lawyer assists in extortion cases
On the defence side, a lawyer studies in detail the content and the form of the demand, the existence and the character of the threat, the relationship between the parties, and the legality of the gathering of the evidence. The fate of the case is often decided by whether the demand can be assessed as a lawful claim, or whether the person sought to obtain property without justification through the use of threats.
On the side of the victim, a lawyer works towards the complete collection of the evidence, so that the fact of the threat and its content are established before the court. The procedure for conducting the case and the time limits are established by other acts of procedural legislation, and the correct use of these guarantees is essential for both parties.
It should also be noted that the article is not limited to a demand for the transfer of a thing — the same rule extends to a demand for the transfer of a property right and for property benefit. This means that the forms of the offence are varied and include cases where a person demands not a concrete thing but a right or a benefit that has property value. Each of the listed types of threat — violence, destruction or damage of property, dissemination of defamatory information, or the spreading of other information substantially harming rights — requires separate analysis.
Our lawyers offer consultations on any extortion case — from the very first day of detention to the final decision of the court. Contact us so that we can assess your situation and build a defence strategy.