Making business is more difficult every day in a globalized Interactive and competitive World, however in El Salvador the entrepreneurs have to deal not only with the regular aspects that running a company involves, also is necessary to deal with the problem of the extortions.
Recently this phenomenon has increased with no control, the most of the extortions are performed by gang members, and it is affecting big enterprises, small companies, industrial sector, services sector, transportation sector and all the sectors of the economy; in the whole country when business start running extortions is one more expense that the entrepreneurs have to take in count.
The governmental institutions have worked together and created the legal frame strong enough in order to fight this problem, there are laws enough that punish this activities, the articles 214, 308 and 309 of the penal code punish the extortions, also the a special law against the extortion crime has been created.
According to the article 2 of the special law against the extortion crime says that the person who makes actions to obligate, or induce other person to tolerate or omit an action of patrimonial, professional or economical circumstances, no matter the amount, with the purpose of gaining self benefit, profit or advantage shall be punished by imprisonment from ten to fifteen years.
The extrusion will be considered performed, independently whether or not the action previously described in the last paragraph was done; will be responsible both the person who threatens as the person who participates collecting personally the money, through the bank accounts or bank transfers or receiving goods as a consequence of the crime.
For effects of the current article, the extortion will be considered as a harmful crime as much as for the patrimonial individual juridical goods as for the collective juridical goods related to the economical order and public peace.
Also in the article 3, the law aggravates the extortion adding five more years of punishment if the crime was committed by two or more people, if to commit the crime underage kids are used, if the crime is planned or ordered from a prison, if the crime is committed by the family, if the crime is committed by a trusted person of the victim, when the crime is committed by a public employee, if the victim is threatened of dying, be injured, kidnapped against the victim or a relative, if the crime is committed by any way for traffic of telecommunications, if the victim is a public employee, and if any kind of weapons are used to commit the crime.
These are some of the most important articles in our juridical system that punish this criminal action, many criminals are sent to jail every year for this crime, with the help of the people who have the courage enough to use the protection of the authorities, is necessary that we learn to trust the police department and the prosecutors, we need to learn that our juridical system works and give it an opportunity.
The problem starts when the decision of paying the extortion instead calling the authorities is taken, for the lack of braveness of facing the problem and attack it from the root, the problem can be solved if the authorities are called and the criminals are captured with the help and cooperation of the victim.
The authorities and the government are making a great effort, now is necessary that the people start trusting them and help them facing the problem by approaching the authorities when the victims are suffering through this situation, don’t let the fear take control, don’t let the criminals win the fight.
Si deseas citar este artículo, hazlo así:
AVENDAÑO, MARCELO. “EXTORTIONS”. Publicado en la Revista Jurídica Digital “Enfoque Jurídico” el 15 de mayo de 2015. http://www.enfoquejuridico.info/wp/archivos/2656