The Reality of the Threat and Its Role for the Correct Qualification of Extortion and Attempted Fraud Committed Using Information and Communication Networks

The article discusses the problems associated with determining the reality of the threat and its role for the correct qualification of extortion and attempted fraud committed using information and communication networks (hereinafter referred to as ICS). To date, in the practical activities of the employees of the preliminary investigation bodies, there is ambiguity in determining the reality of the threat when qualifying the actions of an attacker demanding money or other property-related actions from the victim. The differentiation of these actions depends on the reality of the threat and its assessment.

The purpose of the study: to propose a rule for the qualification of extortion and attempted fraud committed using ICS, related to the definition of the reality of the threat.

Research methods: to study the reality of the threat and its significance in the qualification of extortion and attempted fraud committed using ICS, a survey method was used (20 employees of the preliminary investigation bodies of Ufa, Republic of Bashkortostan were interviewed); an analysis method was used to establish criteria for the reality of the threat.

Key findings: The reality of the threat is essential in distinguishing extortion and attempted fraud committed using information and communication networks. The use of ICS by criminals when transmitting a threat makes it difficult to assess its reality, and therefore, in practice, the threat is considered as a method of deception and is initiated as an attempt at fraud.