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2 Rev. L. & Soc. Stud. 99 (2025)
A Study on the Regulation of the Crime of Usury in the View of the Current Criminal Code

handle is hein.journals/rvwolwad2 and id is 100 raw text is: A Study on the Regulation of the Crime of Usury in the View of the Current Criminal Code' Associate professor Andrada NOUR2 Abstract The dramatic evolution of the Romanian society in the socio-economic field in recent decades has determined a fulminant expansion of the forms of organized crime, including usury, an activity that is part of the sphere of contemporary slavery, using as a method the subjugation of the burdened with the obligation to pay interest rates that reach exorbitant levels. Certainly, in order to discourage such practices, a strong criminal policy is needed first of all, but at the same time, the effective cooperation ofthe state authorities is also necessary. Although the crime of usury is characterized by a high degree of complexity in terms of the fact that its commission has multiple consequences both economically and financially, as well as psycho-sociologically (especially through the deception of trust), the criminalization formula fails to fully render this complexity. Also, the ways ofcommitting this crime are extremely diversified and, for this reason, the current reality makes it practically inappropriate to attribute the generic name of usury to such extremely serious activities, contrary to the rule of law. Judicial practice has shown that people who engage in such activities are not satisfied only with the interest collected, even if they exceed several times the legal interest. The classic forms of usury find their expression in the present times only extremely rarely, their degree of danger being minor, as a rule, with limited implications in the tax field, in the form of evasion. Keywords: usury, incrimination, Penal Code, giving money with interest, organized crime. JEL Classification: K14 1. About the usury in usual terms Usury is a phenomenon that has grown in recent years, the method practiced being the granting of a financial loan based on a notarial contract, with a real estate pledge, with an interest masked in the amount borrowed and penalties imposed that lead to a fabulous increase in the debt, finally justifying the real estate foreclosure. In most cases, if, on the due date, the debtor declares that he can pay the borrowed amounts and interest, the usurer is not to be found. If they pay monthly installments, the amounts returned are deducted from the interest, the borrowed money always remaining unpaid, a situation that will result in the foreclosure of the real estate with which the loan was 1 This paper research is carried out with love, pride and respect in honor of the most altruistic and people- loving human being that I have known on the road of life, on the occasion of her 95 years of existence on this earth, a wonderful person with who I managed to take my first steps and say my first words: Mrs. Constanta Patriche, my grandmother - the cradle of my childhood, an inexhaustible source of positive energy, love, kindness, wisdom, guidance, inspiration, blessing, the magician who sprinkled stardust over my life as a child, making my childhood special, full of wonder and joy, a star who shines her love in my life and guided me the road to faith, love, hope, the person who held my little hands for such a short time, but always my heart. 2 Andrada Nour - Faculty of Legal Sciences, Hyperion University of Bucharest, Romania, https://orcid.org/ 0000-0003-1898-301X, andrada_nour@yahoo.com.

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