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The aforementioned offense can then be prosecuted through a lawsuit by the injured party, unless one is in a situation of aggravation.

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The crime of usury (article 644 c.p.) is when the guarantee of interests or goods, for oneself or for third parties, is requested in exchange for money or other services. In this sense one is punished with the arrest of one to six years and with a fine of € 5,000 to € 30,000.

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The same punishment is applied to the person who plays the role of intermediary.

The law also establishes an interest rate limit, which if exceeded is committed to the usury crime (Law 7.3.1996, No. 108).

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The interests, even those falling within this limit, and the other benefits that, taking into account the average interest established for similar operations, are not compared to the granting of cash or other benefits, or to the function, are included in the usury of usury. of intercession, if the one who bestowed them or insured them has economic or financial problems.

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The usury interest rate is quantified taking into account the costs and payments of any type, with the exception of tax or social security contributions, relating to the granting of money. However, punishments get worse when:

the offender has worked in a banking function or as a broker of securities finance;

the offender has wanted as guarantors corporate or company groups or real estate assets;

the crime is committed to the detriment of people in economic difficulty;

the crime is committed to the detriment of entrepreneurs, professionals or craftsmen;

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the offense is committed by a person punished with the preventive measure of the special surveillance in the period of time envisaged for the application and up to three years from the moment in which the application has ceased.

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If one proceeds with a punishment or a negotiation one can also foresee the confiscation of the goods which constitute the profit derived from the illicit action, or of the goods of which the offender has also as consequence of the mediation of a subject for an entity that corresponds to the value of interest rates or other donations of usury, except for the rights of the person who suffered the damage and the restitution and compensation for damages.

Deterioration, breakage of IT or telematic devices.

Article. 635 c.p. (deterioration) provides for those who destroy, ruin, deteriorate, in whole or in part, movable or immovable property of other subjects the prosecution, through complaint of the injured party, with the arrest up to a year or with the fine up to 309 $.

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The crime of deterioration is punished with arrest from six months to three years, and the official procedure is carried out, if:

we use force on the subject or act intimidating actions;

in the event that the offense is committed by entrepreneurs in the closing phase, or by workers who strike, or in the circumstances of non-fulfillment of services of public works or public necessities (Article 331 of the Italian Civil Code); on public buildings or intended for common use or for religious activities or for historical and artistic heritage in historic centers, or for assets located in public offices or buildings, or in a seizure order, or shown by necessity or for conferment to the public belief, or intended for the public office or use, protection or veneration;

this is land intended for irrigation;

it concerns vine and fruit trees, or woods, forests, or wooded greenhouses for reforestation. Instead, the crime of deterioration of computer or telecommunications systems governed by art. 635-bis of the Italian Civil Code, refers to persons who destroy, ruin or deteriorate, in whole or in part, third-party computer or telecommunications systems, or alter the information and applications of the aforementioned plants.

Such a crime is punished, except if an even more serious crime is committed, with arrest from six months to three years.

The punishment is aggravated and provides for the arrest from 1 to 4 years, in the case in which one or more of the aforementioned circumstances are determined, or if the crime is committed by exceeding its role as an employee of the plant.

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Contact us in case of detention or criminal or civil problems. The law firm in London, New York, La Vegas, Rome, Naples, Milan, Italy, Germany, Spain, France and has over 15 foreign branches, is directed towards criminal and international law, a format for criminal lawyers mainly deals with the defense of people accused of crimes penalties such as drug trafficking, financial and economic crimes, white-collar crimes, murder, violence, rape and any type of crime. Contact us now for effective criminal defense.

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