Șantajul. Lipsa intenției specifice. Injustețea folosului și a dobândirii acestuia
The blackmail. Lack of specific intent. The injustice of profit and of its aquisition

Summary/Abstract: Although the law does not include in the definition of blackmail the condition that the benefit be unlawful, unfair, illegitimate, such a condition is logically inferred by interpretation. Exemplary: The threat of a person with an lawful act (that he will be foreclosed, denounced, sued) for the purpose of recovering his personal good is not considered blackmail or threat. Instead, the threat with an unlawful act (aggression, violence, limitation of movement etc.) in order to recover that property represents a threat, not a blackmail. The accreditation of another interpretation renders impossible the objective and subjective distinction between blackmail and other forms of "constraint", specific to basic offenses (threat, striking, imprisonment). On the other hand, whenever the claimed benefit is legitimate, there is no blackmail.

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