الحماية الجنائية للمجني عليه من الابتزاز

الملخص EN

The study deals with the criminal protection for victims against extortion.

It defines “extortion” as any practice made by an extorter for threatening a victim after getting private information on such victim.

The information may include voice recordings and personal photos in order to achieve the extorter goals ; material or moral.

The study discusses the extortion definition by the Saudi legislator.

The article 2 / 3 of the Cybercrime Combat Regulation defines extortion as “Any threat for extorting a person to obligate him to perform / stop an action ; even if performing or stopping such action is lawful.” Extortion is considered a crime that negatively affects the human life.

It transforms the human life into struggles and tensions, and gives chances for practicing threats by the perpetrator against the victim if the latter doesn’t respond to the perpetrator extortions.

The study describes the objectives behind committing the extortion crime.

The perpetrator may threaten the victim in order to extort him and directly, or indirectly, collect money or possess other things with high financial values.

On the other side, there may be immoral motivations for this crime.

The perpetrator may obtain private information on the victim; such as personal photos, sound recordings, or video clips.

The perpetrator may obtain the numbers of victim parent to trick the victim and make him think that the perpetrator has a relationship with his parent.

Accordingly, the victim may respond to the perpetrator extortions.

There are also revenge motivations behind the extortion crime.

The perpetrator may desire to harm or defame the victim by publishing the victim personal photos on the internet or social networks.

The study demonstrates the extortion tools and the multiple techniques used for committing the extortion crime.

The items (2), (4), and (5) of the article (3) of the Saudi cybercrime combat regulation describe these tools.

Such tools include the unauthorized access for threatening or extorting a person.

The misuse of mobile phones with cameras or other similar devices, and the usage of different IT tools for libeling or harming other people are considered tools of extortion.

However, there are other tools that may be used by the perpetrator for extorting the victim.

Designing websites, chat rooms, and deleting or adding a personal photo of the victim to be compatible to the purposes of extortion are among the familiar tools of extortion.

The research study focuses on the elements of extortion crime which include the criminal legitimacy principle.

According to the criminal legitimacy principle, any act shall not be considered a crime if there is no legal provision incriminating this act.

The article (28) of the Saudi Basic Law of Governance stipulates that “No conviction or penalty shall be inflicted without reference to the Sharia or the provisions of the Law.

Punishment shall not be imposed ex post facto.

The extortion is considered a dangerous crime affecting all society individuals.

It violates the social principles and values.

Accordingly, the Saudi legislator, in the article “3” of the Cybercrime Combat Regulation, incriminates extortion and considers it as a dangerous crime that shall be encountered by detention upon the ministerial decree No.

(2000) issued by the minister of interior in 10 / 6 / 1435 A.H.

The study discusses the crime material element.

This element is the second one of extortion crime.

It is associated with any threat or extortion committed by the perpetrator against the victim to obligate him to do or to stop an act; even if doing or stopping such act is lawful or unlawful.

Defaming or harming the victim and violating his privacy with no consent through obtaining personal photos or voice recordings to extort the victim also constitute forms for the material element of extortion crime.

The moral element that should accompany the material element in order to form the extortion crime is discussed in this research study.

The moral element will be realized in case of unauthorized intentional access to a website or to an email account by the perpetrator.

This unauthorized access enables the perpetrator to know secrets on the victim and threaten or violate his privacy.

On the other side, the study explores the penalties for the extortion crime.

The Saudi legislator determines imprisonment for maximum one year and and / or a fine of no more than five hundred thousand Saudi Riyals.

Furthermore, the devices, programs, and tools used for committing extortion crime shall be confiscated.

The money collected from such crimes shall be also confiscated as a complementary penalty.

However, the rights of bona fide parties should be maintained.

The study presents some recommendations.

The most important ones are as follow : • Special regulations for incriminating extortion should be issued.

• The education institutions should cooperate with the places of worship by holding symposiums and meetings for encountering the extortion dangers.

Moreover, the curricula of national education and Islamic culture should focus on the extortion crimes and their negative effects.