For the correct application of any legal norm, it is necessary to clarify all the elements susceptible to interpretation, and when there are gaps in the law or violations of the fundamental law of a state or of the provisions of international documents to which a country is a party, the intervention of the legislator is necessary for remedying these aspects. For these reasons, in the present scientific approach we aimed to analyze some aspects of essential importance of the new formula for criminalizing the offence of blackmail, aspects that may generate difficulties both in terms of interpretation and application. Only a regulation correlated with the fundamental law of the country and with the provisions of the European Convention on Human Rights can meet the requirements necessary for the protection of the mental freedom of the person who represents the social value protected by the norm of criminalizing the offence of blackmail.