Robbery by extortion: Definition and legal framework
Die robbery by extortion is a particularly aggravated form of extortion under German criminal law. It lies at the intersection of the legal interests of property and individual freedom and is strictly regulated in the Criminal Code (StGB). While simple extortion already constitutes a significant offense, robbery by extortion tightens the requirements and punishes the use of coercive means typical of robbery combined with the intent of unlawful enrichment. Below, the legal aspects of robbery by extortion are explained in detail.
Legal regulation of robbery by extortion
Criminal Code – § 255 StGB
Die robbery by extortion is regulated in § 255 of the German Criminal Code (StGB). It states:
“Whoever commits extortion by force against a person or by threatening present danger to life or limb, shall be punished as a robber.”
Thus, the law refers to the penalty for robbery pursuant to § 249 StGB. This highlights the severity of the offense compared to simple extortion.
Elements of robbery by extortion
Objective elements of the offense
Use of force or threats
The offense requires that the perpetrator uses force against a person or threats of imminent danger to life or limb. The force must physically affect the victim and be capable of exerting real compulsion. A threat exists if the perpetrator announces a serious harm that directly endangers life or limb.
Disposition of property by the victim
Unlike robbery, robbery by extortion requires a disposition of property by the victim or a third party. The victim, through his or her own action or omission, causes the transfer of assets—typically by handing over, transferring, or divulging valuables.
Financial loss
The asset-reducing disposition must result in a disadvantage to the victim or a third party. The overall economic situation is decisive, whereby intangible property losses must also be taken into account.
Subjective elements of the offense
Intent
The perpetrator must act intentionally, that is, they must know and wish for the circumstances of the act.
Intention to enrich and unlawfulness
Furthermore, the perpetrator must intend to unlawfully enrich themselves or a third party. The intent to enrich distinguishes robbery by extortion from mere use of force or threat.
Distinction from other offenses
Distinction from robbery (§ 249 StGB)
Whereas in a robbery, possession of an item is taken by force or threat away , in robbery by extortion the transfer of assets takes place through a volitional act of the victim. Although the offenses are similar in their outward appearance, they differ doctrinally:
- Robbery: Breaking of possession by the perpetrator without the involvement of the victim.
- Robbery by extortion: Transfer of possession through the victim’s involvement as a result of coercion.
Difference from simple extortion (§ 253 StGB)
Simple extortion does not involve violence against the person or threats to life and limb. It is sufficient if a serious harm is threatened.
Concurring crimes and qualifying circumstances
Robbery by extortion may concur with other offenses, such as aggravated robbery by extortion (§ 250 StGB by analogy), dangerous bodily harm, or theft. Multiple offenses can exist either as statutory concurrence or as unity of acts.
Penalty range and aggravating circumstances
Standard penalty range
The same penalty applies to robbery by extortion as to robbery. The penalty ranges from imprisonment for not less than one year.
Particularly serious cases (§ 250 StGB by analogy)
In the presence of qualifying circumstances, such as carrying or using a weapon or causing life-threatening injury to the victim, the minimum penalty is significantly increased.
Less serious cases
In exceptional circumstances, the court may assume a less serious case and accordingly reduce the penalty (§ 249 para. 2 StGB by analogy).
Attempt, completion, and withdrawal
Attempt
Robbery by extortion is punishable at all stages under § 255 in conjunction with § 23 StGB. An attempt occurs when the perpetrator directly commences the act according to their plans but the intended result does not occur.
Completion
The offense is completed when the asset transfer has occurred. The commencement of the disposition of property may already suffice, provided an economic disadvantage has arisen.
Withdrawal
Withdrawal from the attempt is possible if the perpetrator voluntarily and definitively refrains from achieving the intended result.
Circle of perpetrators and participation
Perpetration
Participants may be direct perpetrators, co-perpetrators, or accomplices. Co-perpetration requires conscious and deliberate collaboration in committing the crime.
Incitement and aiding
Punishment is also possible for inciters or accomplices who contribute to the commission of the offense.
Objects of the offense and protected legal interests
Protected legal interest
Robbery by extortion primarily protects the victim’s property, but also their personal freedom and physical integrity.
Objects of the offense
Objects of the offense are all assets that have economic value for the perpetrator, e.g. cash, valuables, or movable objects.
Illustrative case law
Case law frequently deals with the distinction between robbery and robbery by extortion, the detectability of a disposition of property in individual cases, and the classification of the use of force within the scope of threats. A comprehensive assessment of the specific circumstances of the crime is always required.
Conclusion
Robbery by extortion constitutes a serious violation of property and personal freedom. It combines qualified coercive means with the aim of unlawful enrichment. Due to its complexity and the high penalty threat, it is a central offense in German criminal law. The precise differentiation from related offenses such as robbery or simple extortion is often the subject of judicial proceedings and requires careful consideration in each case.
Sources:
- German Criminal Code (StGB), in particular §§ 249, 250, 253, 255
- Commentary literature on the StGB
- Decisions of the Federal Court of Justice
Frequently Asked Questions
What penalty can be expected upon conviction for robbery by extortion?
The penalty for robbery by extortion is governed by § 255 of the German Criminal Code (StGB), which refers to the penalty for robbery under § 249 StGB. Accordingly, the perpetrator is punished with imprisonment of not less than one year. In particularly serious cases—such as when the perpetrator uses a weapon or dangerous instrument, is a member of a gang, or inflicts serious bodily injury through the crime—the minimum sentence increases to five years of imprisonment. In individual cases, the court may determine a differentiated penalty depending on perpetration, motive, prior convictions, method of commission, and other sentencing factors. Furthermore, a suspended sentence is only possible from a sentence of two years’ imprisonment under strict conditions.
What are the differences between robbery by extortion and robbery?
Although robbery by extortion (§ 255 StGB) and robbery (§ 249 StGB) are often confused, both offenses have different elements. In robbery, the perpetrator takes an object away from the victim by force or threat of imminent danger to life or limb; it is thus about taking away property. In contrast, in robbery by extortion, the victim (also under use of qualifying coercive means as in robbery) is induced to dispose of their assets (such as handing over money or opening a safe). What is characteristic of robbery by extortion is therefore the involvement of the victim (even under compulsion) in the transfer of assets, whereas in robbery, the taking is done against the victim’s will.
What means of coercion are required for the offense of robbery by extortion?
To fulfill the offense of robbery by extortion, the means of coercion must be force against a person or threat of imminent danger to life or limb, i.e., of the same quality as in robbery. Force can be physical compulsion, hitting, holding, or, for example, binding a person. Threatening with present danger to life or limb requires the victim to be exposed to a credible, immediate danger to their physical integrity or life. Verbal threats may suffice if they are credible and present an actual danger.
What role does the victim’s disposition of property play?
In robbery by extortion, the focus is on the disposition of property by the victim. Unlike in robbery, the victim is compelled by coercive means to make a decision regarding their assets—an act, acquiescence, or omission leading to a loss of property. This disposition can be active (e.g., handing over money) or passive (refraining from defending one’s property). What matters is that there is a direct connection between the coercion and the disposition, and that the property is actually affected.
Are there less serious cases of robbery by extortion?
Yes, the law provides for the possibility of a less serious case in § 249 para. 2 StGB, which also applies to § 255 StGB (so-called reference technique). In less serious cases, the penalty is imprisonment from six months up to five years. According to established case law, a less serious case exists in particular when the manner of commission, the degree of force or threat, the damage caused, or the perpetrator’s personality deviates from the norm and overall assessment justifies a milder penalty. The assessment of a less serious case is at the discretion of the court.
Can robbery by extortion also be punished at the attempt stage?
Yes, attempted robbery by extortion is also punishable pursuant to § 255 in conjunction with § 23 StGB. An attempt exists when the perpetrator, with the corresponding intent, begins the act but does not complete it (for example, because the victim resists or the police intervene in time). Attempt is also usually punished with a significant custodial sentence, but the court may reduce the penalty, particularly in the case of withdrawal from the attempt under § 24 StGB.
What is the significance of the subjective element in robbery by extortion?
The perpetrator must act intentionally, i.e., must at least accept the use of coercive means (force against persons or threats of danger to life or limb) and the resulting infliction of financial loss on the victim. Furthermore, the perpetrator must act with the intent to obtain an unlawful financial advantage for themselves or a third party (so-called intent to enrich). These subjective elements must be clearly proven by the prosecution; if one of these elements is missing, a conviction for robbery by extortion cannot take place.
