Extortion in Criminal Law – What Can You Do?

While the criminal offers so-called protection for a monthly payment, the real message is clear but unspoken: Pay up, or I’ll destroy your business! This classic cinematic scenario is based on a real-life criminal offense—extortion, which is frequently committed in various forms.
„Threatening another person or using force against them to cause financial harm with the intent of unlawful financial gain, thereby compelling them to act, refrain from acting, or tolerate something, constitutes a serious criminal offense: extortion.”
In Hungary, more than 2,300 criminal proceedings are initiated each year for extortion.

Extortion can be committed through coercion by force or by threat.

1. One method of committing extortion is coercion through force. In criminal law, force includes pushing, dragging, hitting, slapping, even if the victim suffers no physical injury. Even physically touching the victim in an aggressive or hostile manner is considered force.
2. However, extortion does not always involve physical force. A common method of extortion is threats. In criminal law, a threat is defined as the unlawful promise of serious harm. For example, if someone receives a letter or email threatening to distribute an intimate video unless they comply with a demand, this also constitutes extortion.

The objective of extortion and threats can be to force the victim to act, refrain from acting, or tolerate something against their will.

If a criminal proceeding is initiated against someone for extortion, they will first encounter it when they receive a summons for a suspect interrogation—or, in worse cases, when they are taken into custody by the police. During the interrogation, the charges are formally presented, providing detailed information about the specific allegations.
In most cases, there is no evidence warranting coercive measures, meaning the suspect is released after the interrogation, and the criminal proceedings continue. Depending on whether the police gather sufficient evidence, the case may either be dismissed or forwarded to the prosecution for indictment.
Once the prosecution files charges, the court determines guilt. If the defendant is found guilty, the court imposes a sentence. The defendant, the prosecutor, and the defense attorney all have the right to appeal the court’s decision.

• Consult a lawyer! Many individuals facing criminal charges only realize the severity of the situation when they are formally accused. A criminal proceeding can jeopardize your career, livelihood, personal freedom, and ability to care for your children or elderly relatives. Do not take unnecessary risks!
• Seek the assistance of an experienced criminal defense attorney as soon as possible, preferably one with extensive experience in extortion cases. If you are accused of committing extortion, you need more than just sympathy—you need effective legal support.
• Prepare for your interrogation! Once criminal proceedings begin, you will be summoned for questioning—or, in more serious cases, taken into custody.
• If you choose to testify, be prepared for the questions. Your statement will play a crucial role in shaping the course of the criminal proceedings. What you say matters!

Do not say anything, do not testify without a lawyer!
You are not required to speak to the officer handling your case or to the police officer conducting your interrogation.
The police will document their actions in written reports, and any statements you make will be recorded in an official transcript. These documents become part of the criminal case file, which the court will review. Even if your statements work against you, they can still be used as evidence.
One of the most fundamental rights of the accused is the right to remain silent and refuse to testify. The authorities must respect this right—use it!
Trust your defense attorney to develop the best legal strategy for your case.

Extortion is a serious criminal offense. If convicted, you may face a prison sentence.
The penalty range imposed by the court depends on whether the offense is classified as a basic case or an aggravated case.

• For a basic case, the sentence ranges from 1 to 5 years of imprisonment.
• For an aggravated case, the sentence increases to 2 to 8 years of imprisonment.

In certain circumstances, the penalty can be adjusted beyond these limits. Harsher sentences can be imposed in cases of repeat offenders, multiple offenses (concurrent crimes), or when the crime is committed as part of a criminal organization.

Like many other criminal offenses, extortion has a basic case, which carries a penalty of 1 to 5 years of imprisonment.
If any of the four aggravating circumstances listed in the Criminal Code are present, the perpetrator faces a harsher sentence of 2 to 8 years of imprisonment.

In criminal law, a threat is the promise of a serious disadvantage that is capable of instilling significant fear in the victim. There is no completely objective standard for this. Emotional blackmail does not reach the threshold of a criminally punishable threat.
A threat may involve intimidation through the possibility of a crime, such as threatening to commit an offense, reporting someone to immigration authorities, or exposing a deeply guarded secret.
Threats can be delivered verbally, in writing, or through nonverbal communication.

Fear affects people differently—some fear violence, others financial loss, immigration authorities, or public humiliation. The severity of the threatened disadvantage and whether it is capable of instilling significant fear in the victim is ultimately determined by the judge.
The court assesses this based on the victim’s situation, personality, and other relevant circumstances.

The classification system for the crime of extortion is not based on the extent of financial harm. The penalty increases to 2 to 8 years of imprisonment if any of the following aggravating circumstances apply:

• The extortion is committed within a criminal association. A criminal association is formed when two or more persons organize or agree to commit crimes and attempt to commit at least one offense, but do not establish a full criminal organization.
• The extortion involves a threat to life or physical integrity, or another similarly serious threat.
• The extortion is committed by a public official using their position. The definition of a public official is found in the interpretative provisions of the Criminal Code under Section 459 (1) point 11.
• The perpetrator commits extortion by falsely claiming to have an official position or authority.

A new form of extortion is becoming increasingly common in Hungary. In these cases, the victim receives a blackmail email from an unknown sender, often with messages like: "We know your address, we know your password, and we know what pornography you watch."
The threat typically demands payment, claiming that if the victim does not comply, a video or screenshot of them watching adult content will be shared with all their contacts. To make the threat seem more credible, the perpetrators often include the victim’s actual password in the email.
There is no need to panic immediately. In most cases, criminals are simply using leaked data that is publicly available on the internet from data breaches.

Extortion is regulated under Section 367 of the Criminal Code.
(1) Any person who by force or by threat of force compels another person - in the pursuit of unlawful financial gain - to do, not to do, or to endure something, thereby causing a financial loss, is guilty of a felony punishable by imprisonment between one to five years. 
(2) The penalty shall be imprisonment between two to eight years if extortion is committed: 
a) in criminal association with accomplices; 
b) by threat against life or bodily integrity or other similarly serious threat of force; 
c) by a public official, acting in such official capacity; 
d) by feigning official assignment or official action.

Extortion is a serious criminal offense with significant legal consequences. If a court finds someone guilty of this crime, they may face a custodial prison sentence.
In such a serious criminal proceeding, it is essential to entrust the legal defense to an experienced criminal defense attorney.