Journal of Modern Science (Jul 2018)

Criminological and legal aspects of usury crime.

  • Paweł Gołębiewski

DOI
https://doi.org/10.13166/jms/90987
Journal volume & issue
Vol. 37, no. 2
pp. 287 – 306

Abstract

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The phenomenon of private loans, in line with the financial seekers seeking financial help, is often criminal activity based on obligatory debtors' positions. The disproportionate benefit imposed on borrowers related to their involuntary position is theoretically their choice, and in practice often the only way to meet basic needs. The research goal of the work is a criminological analysis of the phenomenon of usury, which will certainly allow a deeper understanding of the causes of this prohibited act and the grounds that become arguments for criminal activity. Practical evaluation of the possibility of using art. 304 k.k. will allow you to answer the question about the effectiveness of this regulation. It is also worth considering the thesis: is there a possibility of amending the provision allowing to increase its function entrusted to it in the Penal Code? Demands of de lege ferenda, this is a reflection on the possibility of sealing the legal system, allowing us to fight the crime of usury more efficiently.

Keywords