Judgment No. 51670 of 2023: The Meaning of Usury and State of Need

The recent judgment No. 51670 of November 23, 2023, issued by the Court of Cassation, offers important clarifications regarding the crime of usury and the methods of proving the victim's state of need. In a legal context where citizens' rights must be protected, it is crucial to understand how the law recognizes and interprets conditions of economic vulnerability.

Proof of State of Need

According to the established ruling in the judgment under review, the state of need of the victim in the usury offense can be proven even by the sole measure of interest. This means that if the interest applied to a loan is so high as to reasonably presume that only a person in economic difficulty would accept such terms, the crime of usury may be constituted.

Aggravating circumstance of state of need - Proof based on the measure of interest - Possibility - Existence - Factual case. The state of need of the victim of the usury offense can be proven even by the sole measure of interest, in cases where it is of such magnitude as to reasonably presume that only a subject in such a state could contract the loan under such unfair and onerous conditions. (Factual case in which, against the disbursement of a loan of 1,000.00 euros, the payment of interest equal to 300.00 euros for each week of delay in repayment was agreed upon, and the victim's car, valued at 15,000.00 euros, had been seized through the simulation of its sale).

Implications of the Judgment

The decision of the Court of Cassation emphasizes the importance of analyzing not only loan agreements but also the context in which they are concluded. Usurious conditions must not be underestimated, as they can manifest in various forms, and their identification becomes crucial for the protection of the most vulnerable individuals. The following aspects should be considered:

• The measure of interest as an indicator of usury.
• The role of the state of need in assessing the legitimacy of the loan.
• The legal consequences for those who apply unfair loan terms.

Conclusions

In summary, judgment No. 51670 of 2023 represents a significant step in the fight against usury, highlighting the need to protect individuals in a state of need. Jurisprudence, through decisions like this, contributes to outlining a clearer and fairer regulatory framework, ensuring that citizens' rights are respected and protected. It is essential that both victims and legal professionals are always updated on these developments to best address the issues related to usury and its consequences.