New types of usury off enses (Article 304 § 2 and 3 CC) and the ultima ratio principle of criminal law

Abstract

The authors analyze new types of offenses of Art. 304 § 2 and 3 CC, focusing on the issue of normative structures derived from criminal law (and other branches of law) and their mutual relations. Assuming that due to the principle of subsidiarity (ultima ratio) of criminal law, it is not possible to prohibit conduct previously not deemed unlawful by provisions of civil law, the authors conclude that the condition of liability for new “usury crimes” is determination of unlawfulness of the demanded interest or other costs of the loan, assessed from the perspective of civil law.