Extortion (Article 181 of the Criminal Code of Georgia) is a serious crime involving the demand for property or property rights under the threat of violence, destruction of property, or the spread of defamatory information (blackmail). Extortion differs from robbery in that the threat is directed at a future action (rather than immediate danger). Often, extortion charges are brought against individuals attempting to collect their own debts using illegal methods (so-called "arbitrariness," which is often qualified as extortion). Also common is "blackmail" — demanding money under the threat of releasing intimate or compromising information. Extortion is punishable by imprisonment from 2 to 7 years, and more in aggravating circumstances. The defense strategy requires assessing the reality of the threat and the legality of the demand (if a debt existed).
What does Extortion Defense service cover?
Criminal defense lawyers offer:
- Requalification of the act: Working to reclassify extortion as arbitrariness (Article 360), which is a less serious crime (e.g., if the person was demanding their own real debt but with threats).
- Refuting the reality of the threat: Arguing that the words used did not constitute a real danger to the victim.
- Analysis of evidence: Expertise of phone recordings, messages, and audio files to determine their authenticity.
- Defense against blackmail charges: Protecting confidentiality and arguing that the intent was not criminal.
- Plea agreement: Negotiating for a lighter sentence.
Common Situations and Scenarios
Extortion charges are often found in:
- Debt collection: A creditor threatens a debtor with beating or harming family members if the debt is not repaid.
- Cyber-extortion: A hacker blocks a computer or steals data and demands a ransom (ransomware).
- Sextortion: Demanding money under the threat of spreading intimate photos.
- Protection rackets: Offering "protection" to businesses in exchange for money.
Georgian Legislation and Legal Framework
Article 181 (Extortion) is strictly punished. The main distinguishing feature from arbitrariness (Article 360) is that in arbitrariness, the person demands what belongs to them (or they think belongs to them), while in extortion — another's property. The lawyer's main task, if the debt was real, is to achieve requalification to arbitrariness, which carries a much lighter sentence or fine.
Service Delivery Process
The lawyer studies the communication history (social networks, messages). If it is established that the victim indeed had a debt, the defense is built on the version of arbitrariness. If the charge concerns blackmail, the content of the information is checked.
Why choose a specialist on Legal.ge?
Extortion cases are complex as they often rely solely on verbal threats or correspondence. On Legal.ge, you will find lawyers who can correctly evaluate evidence and protect your freedom.
Updated: ...