Extortion

When blackmail a blackmailer tried to enrich themselves or third parties unlawfully by force or by the threat of a sensitive evil at the expense of another. As such, the extortion of coercion is to be distinguished, which requires no enrichment intention or ability damage. As unlawful applies the fact, if the means-end relation between the coercive act, so the violence or the threat of coercion and the desired purpose is considered to be reprehensible.

Legal situation in Germany

A kidnapping is as defined for extortionate kidnapping § 239a of the Criminal Code, if the respective offenders obtain an economic advantage, eg a ransom for the hostages demanded ( " kidnapping for extortion ").

The extortion from a legal perspective according to § 253 of the Criminal Code sets next to the coercion requires a financial loss caused by you or a third party of a coerced. The Genötigte needs to be paid a real freedom of choice, if he accepts the actions of the perpetrator or causes damage to property by means of a (self-) injury.

When it is unlawful to discriminate:

• On one hand, the coercive act reprehensible and must therefore illegal (as in § 240 paragraph 2 of the Criminal Code ) to the intended purpose ( enrichment ). Example: Without this criterion would, for example, the enforcement of tax claims of the state by threatening to punish the refusal as tax evasion, a criminal offense. This threat, however, is allowed because the state tax collection is permitted with appropriate sanctioning acknowledged.
• On the other hand, the desired enrichment must itself be unlawful. The enrichment is unlawful if it is objectively contrary to the wealth order. The enforcement of a mature and freedom from defenses claim with coercion agents is not unlawful within the meaning of the provision. On the distinction between piece and generic fault it does not matter. Here then is also important how arranges a money debt legally.

The problem is often the relationship to other property offenses, particularly for fraud, coercion instead of a delusion caused the assets available and the damage to the.

Whether the threat of disclosure of dishonoring, but not forbidden information sought (or reached ) Asset disposal is a constituent elements of offenses extortion, is very doubtful, in certain cases, if the information relating to the commercial sphere, are true and the public emotive issue concern (see especially the so-called Chan days).

Procedural law, the victim of an extortion are privileged when it is under the threat display an offense blackmailed. The prosecutor may, if not the severity of the crime precludes refrain from prosecution under § 154c Code of Criminal Procedure.

The armed robbery ( § 255 StGB), the characteristics of the eligible violence (violence or threat of danger to life and limb ) the qualifications for extortion dar.

Emotional blackmail

Emotional blackmail occurs when a blackmailer threatens a blackmailed credible guilt (example: " If you do that, I'll jump off the bridge !"). The psychotherapist Doris Wolf describes techniques and strategies of emotional blackmail and guilt referred to as superfluous and harmful.