Defence Counsel in Cases of Alleged Blackmail and Extortion

In Germany, the criminal offence of extortion is regulated in Section 253 StGB. According to this, anyone who “unlawfully, by force or threat of serious harm, coerces a person to do, acquiesce to or refrain from an act, and thereby damages that person’s or another’s assets for the purpose of wrongful personal enrichment or enrichment of a third party” is liable to prosecution. The offender faces a fine or a prison sentence of up to five years if convicted. In severe cases, however, the law provides for a significantly higher penalty (Section 253 para. 4 StGB).

Extortion in Germany requires the following elements of the offence to be present:

• Act of coercion: violence or threat of serious harm,
• Success of coercion: action, acquiescence, or omission,
• disposition of property,
• pecuniary disadvantage,
• intent and intention to enrich.

A distinction must be made between extortion and the qualifying offence of robbery extortion under Sections 253 and 255 StGB. This requires a qualified act of coercion, which in turn consists of the violence required for simple extortion being directed against a person or a threat of current danger to life and limb. In comparison to simple extortion, the injured party not only suffers a financial disadvantage but is also exposed to the risk to life and limb or at least the threat of it.

Extortion is a property offence, but it always requires an intention to enrich oneself. If there is no such intention, the perpetrator is not guilty of extortion but, under certain circumstances, of coercion, according to Section 240 StGB.

Blackmail in Germany and further afield is particularly widespread on the internet. Perpetrators often threaten to publish sensitive data, compromising information or even images they have obtained using various methods or cyberattacks – for example, sending spam and phishing emails or using various malware programmes. Companies are particularly targeted by the “CEO fraud” scam. The scam usually begins with sending an email that the recipient cannot recognise as a fake. These emails often contain specific orders, such as the transfer of a sum of money or the sending of specific data. It is not apparent to the reader that these orders do not come from the sender noted in the email, e.g. the superior, but from a fraudster.

Blackmail, which results in the publication of internal data and information or the compromise of files, can damage a company’s reputation and lead to financial losses as well as private and professional disadvantages for individuals. Our criminal law lawyers will, therefore, be happy to advise you on measures that have a preventative effect and protect you or your company from possible blackmail in Germany and its consequences.

As a cyberattack often precedes blackmail, we advise you to protect yourself under the German data protection law. It should be noted that, depending on the type of company, special requirements must be considered. TOMs (technical and organisational measures) should be created in such cases. These serve to protect sensitive data and information. We are happy to support you in cooperation with IT specialists in developing and optimising appropriate compliance measures.

If you are affected by extortion or blackmail, filing a criminal complaint immediately and contacting a lawyer is advisable. Do not respond to the perpetrator’s blackmail and remain calm. Document the offender’s behaviour and collect evidence to hand over to the criminal prosecution authorities. The conviction that the perpetrator cannot be identified often prevents those affected from involving the relevant authorities. Even in difficult cases, we recommend that you proceed as described and under no circumstances refrain from prosecution.