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

The recent judgment no. 51670 issued on November 23, 2023, by the Court of Cassation, provides important clarifications regarding the crime of usury and the methods of proving the condition of need of the injured party. In a legal context where the rights of citizens must be protected, it is essential to understand how the law recognizes and interprets conditions of economic vulnerability.

Proof of the Condition of Need

According to the judgment in question, the condition of need of the injured party in the crime of usury can also be proven through the mere measure of the interest rates. This means that if the interest applied to a loan is so high that it can reasonably be presumed that only a person in economic difficulty would accept such conditions, the crime of usury can be established.

Aggravating factor of the condition of need - Proof based on the measure of interest - Possibility - Existence - Case. The condition of need of the injured party in the crime of usury can also be proven with the mere measure of interest, in cases where they are of such magnitude as to reasonably presume that only a person in such a condition could obtain the loan under such inequitable and burdensome conditions. (Case where, in return for a loan of 1,000.00 euros, it had been agreed to pay interest amounting to 300.00 euros for each week of delay in repayment, and there had been the seizure of the victim's car valued at 15,000.00 euros, 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 contracts but also the context in which they are made. Usury conditions should not be underestimated, as they can manifest in various forms, and their identification becomes crucial for the protection of the most vulnerable individuals. It is important to consider the following aspects:

  • The measure of interest as an indicator of usury.
  • The role of the condition of need in assessing the legitimacy of the loan.
  • The legal consequences for those applying inequitable loan conditions.

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 condition of need. Jurisprudence, through decisions like this, helps to outline a clearer and fairer regulatory framework, ensuring that the rights of citizens are respected and protected. It is essential that both victims and legal operators stay updated on these developments to effectively address issues related to usury and its consequences.

Bianucci Law Firm