THE USURY CRIME UNDER ART. 304 OF THE PENAL CODE IN THE CONTEXT OF BREACHES OF SAFE TRADE RULES OF ECONOMIC TURNOVER

Abstract

This paper presents the issues that determine the security of business transactions, whose proper functioning is endangered by so-called usurers. It discusses crimes under Art. 304 § 1–3 of the Penal Code. The offense of usury, regulated in Art. 304 § 1 of the P.C., provides for the criminal liability of persons who, by taking advantage of the compulsory position of another natural person, legal entity, or organizational unit without legal personality, conclude a contract with it, imposing an obligation on it to perform disproportionate to the consideration. Article 304 § 2 and 3 of the P.C. regulate new types of usury, introduced into the legal system by the amendment of May 14, 2020, which penalizes behavior directed against consumers, consisting in demanding excessive interest or non-interest costs for providing a benefit with the obligation to return.

Keywords

• usury
• economic turnover
• security
• penal code