The Extortion under the Modus Operandi of the “False Loan” as a transnational crime, analysis in the light of Criminal Law

Abstract

The objective of this article is to reflect on how Extortion under the Modus Operandi of the “False Loan” meets the characteristics as a Transnational crime. For this, we will use as a contrasting instrument the doctrinal and constitutive elements of transnational crimes established by the United Nations Convention. United against Organized Crime. In this context, to corroborate the aforementioned hypothesis, this work is based on a qualitative research method, which in an exploratory, inductive and descriptive way will allow us to present as a case study a study made of Extortion under the modality of “False Loan” presented in a In a news item issued on October 7, 2021, it is described that from the Picota Prison, inmates would be found carrying out extortions through the “False Loan” modality to countries such as Ecuador, Peru, Chile, the Dominican Republic, Mexico, the United States, Panama and Canada. In this modality, they contact the victim through an application and promise them loans from foreign banks and are subsequently extorted.
As we have stated previously, this work bases its principles on a conductive, explorative and descriptive investigation, critically analyzing Extortion as a transnational crime in light of International Law and Colombian legal doctrine. In the first part of the work we will address the presentation of the case study, developing its entire characterization, in the second we will carry out a qualitative and quantitative critical analysis of Extortion in Colombia and its transnational scope, carrying out the entire characterization of the phenomenon in its modalities and modus operandi, as well as such as the instruments of Public Policy and the institutional architecture against extortion in Colombia. In the Third part we will finally reflect on why Extortion under the Modus Operandi of the “False Loan” has become a Transnational crime.