Main tasks and practical skills:
- "The actus reus of "Extortion" as provided in Article 135 of the CrPC may include “threatening to use violence” which is an act to put the victims in fear of an injury to their health or life, in order to take their property. Unlike the “Robbery Offence” where the acts to threaten “to use instant violence” exist, the actus reus of “Extortion” is the threat “to use violence” that refers to the use of violence in the future. The threat in “Extortion” is less dangerous than the threat in “Robbery”. It allows the victim to have more time to fight against or to report to the authority before “Extortion” occurs.
- "Obvious Appropriation", "Stealth" and “Theft” are provided in Articles 136, 137 and 138 of the Penal Code: for all three offences, the actus reus are different, whoever commits obvious extortion or stealth has taken an open action and had no intention of hiding such an action. For stealth, the offendertakes advantage of negligence of the owner of property, gets immediate access to the owner of property, obtains the property and flees. For obvious extortion, the offendertakes advantage of the owner’s inability to obtain the property. For theft, the offender obtains the property in a hidden manner.
- Noting that, in the above cases, if the offender is in the course of obtaining the property (for example: the offender grasps the property and the victim holds it again or, during the pulling of the property) and the offender beats, hits, stabs or cuts, etc. the victim to obtain the property, the offender uses force to obtain the property the offence, therefore, is converted into “Robbery”. However, once the offence has been committed, if the offender hits, cuts, etc, the victim or the chaser when they are chased, this action is considered as a fight for escape. For example, a person takes an action to steal another’s money, when the offender is trying to access the pocket of the victim and the victim holds the hand of the offender which keeps the wallet, both pulls each other, the offender beats or hits the other and makes them unable to keep the wallet, the offender puts the wallet into their bag and run away, “Theft” has been converted into “Robbery”. If the offender obtains the property and runs away for a few minutes, and the victim finds the wallet stolen and chases the offender and there is a fight, “Theft” has occurred with an “assaulting for escape” to form the penalty, as provided in Point dd of Item 2 of Article 138 of the Penal Code.
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