The Crime of Usury: Understanding the Accusation and Consequences

Receiving a notice of investigation or being involved in a usury crime investigation represents a moment of extreme criticality for any citizen or entrepreneur. As a criminal lawyer practicing in Milan, I fully understand the burden of anxiety and worry that stems from such a defamatory accusation, which affects not only personal freedom but also the professional and social reputation of the individual. Usury is a complex crime, often on the borderline between lawful and unlawful in commercial transactions, and requires immediate and precise technical defense to avoid consequences that can prove devastating.

The Regulatory Framework: What Article 644 of the Criminal Code Provides

The crime of usury is governed by Article 644 of the Criminal Code and punishes anyone who receives or promises, in any form, for themselves or others, in exchange for a loan of money or other utility, usurious interest or other advantages. Italian law primarily distinguishes between two types of offenses: presumed usury (or objective) and concrete usury (or subjective). In the first case, the crime is automatically constituted when the interest rate applied exceeds the so-called 'threshold rate' established quarterly by the Ministry of Economy and Finance. In the second case, even if the rate is below the legal threshold, the crime may exist if the interest rates are disproportionate to the service provided and the person who gave or promised them is in a state of economic or financial difficulty.

It is crucial to emphasize that the crime does not exclusively concern credit institutions (bank usury) but frequently extends to private relationships. The legislation is severe and provides for imprisonment from two to ten years and heavy fines, penalties that can be increased in the presence of specific aggravating circumstances, such as acting in the exercise of a professional or banking activity, or to the detriment of someone in need. The complexity of the matter requires meticulous analysis of every single financial transaction and contract entered into.

The Approach of Studio Legale Bianucci in Usury Defense

Avv. Marco Bianucci, an expert criminal lawyer in Milan, approaches usury cases with an analytical and multidisciplinary approach. Defense in these proceedings cannot be limited to legal arguments alone but must necessarily involve accounting expertise. The strategy of Studio Legale Bianucci often includes collaboration with party-appointed technical consultants to verify the actual exceeding of the threshold rate or to demonstrate the absence of the alleged victim's state of need, an element sometimes decisive for the constitution of the crime.

In the preliminary investigation phase, the objective is to dismantle the prosecution's case by demonstrating, where possible, the lawfulness of the agreements or the absence of the subjective element of the crime (intent), i.e., the conscious will to take advantage of another's condition. Avv. Marco Bianucci works to highlight every element useful to the client, analyzing the nature of the relationship between the parties and contextualizing the economic transactions. The defense is tailor-made, evaluating whether to opt for alternative procedures that can mitigate the criminal risk or to proceed to trial to prove the full innocence of the accused.

Frequently Asked Questions

What is the difference between bank usury and usury between private individuals?

Bank usury occurs when credit institutions or financial intermediaries apply interest rates (including commissions and fees) exceeding the legal threshold rate on mortgages, loans, or current accounts. Usury between private individuals, on the other hand, concerns loans granted by individuals or non-bank entities at illegal rates. Although the reference norm is the same, technical defense requires different evidentiary approaches, often based on econometric expert reports in the first case and on asset and testimonial investigations in the second.

What is meant by threshold rate?

The threshold rate is the maximum limit beyond which interest is considered usurious by law. It is calculated by increasing the Average Global Effective Rate (TEGM), surveyed quarterly by the Bank of Italy for homogeneous categories of operations, by one-quarter, to which an additional four percentage points are added. The difference between the limit and the average rate cannot, however, exceed eight percentage points.

What are the risks if I am accused of usury?

The penalties for the crime of usury are severe. The criminal code provides for imprisonment from two to ten years and a fine from €5,000 to €30,000. Furthermore, confiscation of assets that constitute the profit or price of the crime is provided for. In case of conviction, accessory penalties may also be applied, such as disqualification from public office or disqualification from practicing a profession or trade.

Is the victim who accepted the loan punishable?

No, the victim of usury is not punishable, even if they voluntarily accepted the unfair conditions. The law considers the victim as the weaker party in the relationship, often forced to accept usurious rates due to a state of need or economic difficulty. Indeed, the legal system provides for forms of protection and solidarity funds for victims of usury who report usurers.

Request a Legal Consultation in Milan

If you are under investigation for usury or fear being involved in a criminal proceeding of this nature, time is a crucial factor. It is essential to prepare a solid defense strategy from the earliest stages of the investigation. Avv. Marco Bianucci, a criminal lawyer with consolidated experience in Milan, is available to examine your position and define the best procedural strategy. The firm receives by appointment at Via Alberto da Giussano, 26. Contact Avv. Marco Bianucci for a confidential and professional assessment of your case.