Bribe extortion: theory and law enforcement problems

Abstract

The article is devoted to one of the most acute problems of criminal liability for bribery — the problem of qualifying a bribery, obtained by extortion. In the article, taking into account the materials of judicial practice, the main missteps made by the courts of the Republic of Kazakhstan in this category of cases were analyzed. The most common missteps is the courts’ ignoring of the requirement of the necessarily legal nature of the rights and interests protected by the person giving the bribery under the influence of extortion. In addition mandatory elements, which are a condition for this qualifying element imputation, were defined. The types of bribe extortion are defined and described, depending on the method of committing the crime. Special attention is paid to legal nature of exemption from criminal responsibility of a person being extorted. The author referred this type of exemption to institute of special types of exemption from criminal liability, provided by the Special Part of the Criminal Code. The concept of recognition of a bribe extortion as a state of extreme necessity is considered which has recently become widespread. The author concludes that, if bribe extortion is recognized as an irresistible coercion, then the act can be qualified as committed under conditions of extreme necessity that exclude criminality of act.