Technical Defense for Usury Charges

Receiving a notice of investigation or being subjected to usury charges represents a moment of extreme criticality for any citizen or entrepreneur. The accusation of lending money at illegal rates carries not only the risk of severe prison sentences but also immediate reputational damage and the possible preventive seizure of assets. As a criminal lawyer in Milan, Avv. Marco Bianucci deeply understands the complex dynamics that characterize these disputes, offering immediate legal support to protect the rights of the investigated party from the earliest stages of the proceedings.

The Regulatory Framework: When Usury is Configured

The crime of usury is governed by Article 644 of the Italian Penal Code and punishes anyone who receives or promises, in any form, usurious interest or other advantages in exchange for a loan of money or other utility. Italian law primarily distinguishes two types of offenses. The first is presumed or objective usury, which occurs when the interest rate applied exceeds the so-called threshold rate established quarterly by the Bank of Italy. In this case, exceeding the limit automatically renders the rate illegal, regardless of the victim's circumstances.

The second type is concrete or subjective usury. This occurs even when the interest rates are below the threshold rate but are still disproportionate to the loan, when the person who gave or promised them is in a state of economic or financial difficulty. It is crucial to understand that the crime can be charged not only to those operating in the illegal market but also to private individuals or company directors who, sometimes unknowingly, enter into financial agreements that violate legal parameters.

The Bianucci Law Firm's Approach

Facing a usury trial requires specific technical expertise that goes beyond a simple knowledge of the penal code. The approach of Avv. Marco Bianucci, an expert criminal lawyer in Milan, is based on rigorous documentary and accounting analysis. The defense is not limited to legal arguments but often involves the collaboration of party-appointed technical consultants (CTP) to verify the accuracy of the calculations made by the prosecution and to contest the exceeding of the threshold rate.

The defense strategy of the Bianucci Law Firm aims to dismantle the prosecution's case by verifying every single element constituting the crime. This includes analyzing the nature of the interest (compensatory or default), verifying the calculation formulas used by investigators, and contextualizing the relationships between the parties. The goal is to demonstrate the absence of intent or the non-existence of exploitation of a state of need, elements that are often crucial for obtaining a dismissal or an acquittal.

Frequently Asked Questions

What is the penalty for usury?

The Italian Penal Code provides for severe penalties for usury, with imprisonment from two to ten years and a fine from €5,000 to €30,000. Penalties can be increased if the perpetrator acted in the exercise of a professional, banking, or financial intermediation activity, or if the crime is committed to the detriment of someone in a state of need. The severity of the sanctions makes the assistance of an expert lawyer indispensable from the very beginning of the investigation.

What happens if the alleged victim voluntarily accepted the loan?

The victim's consent does not exclude the crime. Usury is a crime against property but also against the public economy; therefore, the victim's willingness to accept usurious rates, perhaps driven by desperation, does not justify the perpetrator nor eliminate punishability. However, the victim's conduct and the dynamics of the relationship can be relevant in court proceedings to define the context and the existence of a state of need.

Is it possible to plea bargain in case of usury charges?

Yes, plea bargaining is one of the procedural options, but it must be carefully evaluated. As a criminal lawyer, Avv. Marco Bianucci analyzes each case to determine whether it is more advantageous to opt for an alternative procedure such as plea bargaining or the abbreviated trial, which allow for a reduced sentence, or whether there are grounds to proceed to trial and aim for a full acquittal.

What is meant by banking usury?

Banking usury occurs when credit institutions or financial companies apply interest rates, commissions, or fees that, when added together, exceed the usury threshold rate. Although these are often civil offenses that lead to the refund of interest, in serious cases, criminal liability may arise for the directors or officials who approved such contractual conditions.

Request a Case Evaluation

If you are involved in a usury investigation or fear receiving such a charge, time is a critical factor. Do not let the situation worsen without adequate defense. Contact Avv. Marco Bianucci at the firm located at Via Alberto da Giussano 26 in Milan for a confidential and in-depth consultation. Together, we will evaluate the documentation and define the best defense strategy to protect your freedom and reputation.