The crimes of blackmail, extortion, and threats have in common the fraudulent nature and the profit motive of the accused since he seeks a benefit or reward through the threat of harm or damage to the victim. Likewise, the perpetrator knows he is committing an unlawful act against the passive subject. The legal assets protected are also very similar, such as freedom, patrimony, privacy, and the person’s integrity.
The crime of extortion differs from the rest in that, to execute it, it is necessary to resort to violence or intimidation, and the active subject does not always seek a benefit since this crime is simply marked by the harm caused to the victim or a third party. There are also differences in penalties, with the crime of threats generally being the most serious, although it will depend on the specific circumstance. The penalties are always higher if the victim gives in to the blackmail, threat, or extortion and the active subject obtains what he/she was looking for.
The crime of threats has a subjective character, so it is more controversial than the other two. In addition, it is necessary that the threatened act constitutes a crime in the Penal Code to be considered as such. On the contrary, in blackmail and extortion, this criminal condition is not necessary, but the mere fact of blackmailing or extorting is a crime.
If you are involved in an extortion or blackmail crime, contact a specialist such as Esteban Abogados Penalistas. We have professionals with great technical knowledge to offer you specialized assistance.