Judgment No. 2425 of 2024: The Configurability of Concurrence in the Crime of Usury

The judgment no. 2425 of October 31, 2024, filed on January 21, 2025, issued by the Court of Cassation, represents an important ruling in the matter of usury and concurrence in the crime. In particular, the case concerns the responsibility of an individual who, aware of usurious conditions, connects the usurer with the victim of usury. This article aims to analyze the main aspects of the judgment and its legal implications.

The Concurrence in the Crime of Usury

The Court established that, pursuant to Article 110 of the Penal Code, an individual is liable for concurrence in the crime of usury if they, being aware of the conditions under which the agreement must be concluded, puts the usurer in contact with the victim of usury. This occurs even at the request of the victim, who expresses their need for a loan.

Usury - Individual who connects usurer and victim of usury - Concurrence in the crime - Configurability - Conditions. An individual is liable for concurrence in the crime of usury if they, being aware of the conditions under which the agreement must be concluded, puts the usurer in contact with the victim of usury, even at the request of the latter, who has expressed their need for a loan.

The Necessary Conditions for Concurrence

The judgment specifies that for concurrence in the crime of usury to be configurated, certain fundamental conditions must be met:

  • Aware of usurious conditions: the individual must be knowledgeable about the terms and conditions of the loan.
  • Contact between usurer and victim: there must be a direct intermediation where the individual facilitates the meeting between the two parties.
  • Request from the victim: the victim must have explicitly expressed their need for a loan, thereby justifying the contact.

These conditions highlight that mere knowledge of usurious practices is not sufficient; an active intermediary action is necessary.

Conclusions

In conclusion, judgment no. 2425 of 2024 represents an important reference for jurisprudence in the matter of usury. The Court of Cassation clarified that concurrence in the crime of usury cannot be configured in the absence of awareness and an action of contact between the parties. This aspect is crucial for distinguishing the responsibilities of intermediaries and for ensuring the correct application of the law regarding usury. The ruling, therefore, provides significant insights for all legal practitioners and for those who find themselves facing such situations.

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