Usury: Italian Supreme Court Rules – Legally Obtained Money Also Subject to Confiscation
A Landmark Ruling That Expands Powers to Combat Loan Sharking
The Supreme Court’s new orientation marks a turning point in the fight against usury, allowing authorities to more effectively target the assets of subjects convicted of this crime.
However, it is essential that the application of this instrument occurs with strict respect for the principles of proportionality and reasonableness, under the careful direction of experienced professionals in the matter.
The New Orientation of the Supreme Court of Cassation
In a recent and significant ruling, the Italian Supreme Court of Cassation has established a principle destined to revolutionize the fight against usury: confiscation can target not only illicit profits but also assets and money of perfectly legal origin when used within the framework of so-called “confiscation by equivalent.”
The Specific Case and the Judges’ Decision
Ruling No. 12443/2025 represents a milestone in the interpretation of Article 644 of the Italian Criminal Code. The Judges specified that:
- Calculation of illicit profit must consider exclusively the difference between the usurious interest actually received and the legitimate interest rate
- When the “dirty money” is no longer materially traceable in the convict’s assets
- It becomes possible to target assets of legal origin of corresponding value
The Mechanism of “Confiscation by Equivalent”
The concept of confiscation by equivalent is based on a simple yet effective principle:
- Determination of illicit enrichment through careful financial analysis
- Investigation of the convict’s assets
- Replacement of the illicit asset with legal assets of equal value
Practical Implications and Defense Strategies
This jurisprudential evolution carries important consequences:
- For the Prosecution: Need to conduct more thorough asset investigations
- For the Defense: Opportunity to challenge the quantum of illicit profit
- For Involved Parties: Importance of documenting the legal origin of assets
The Lawyer’s Role in Asset Protection
In this complex scenario, the assistance of a specialized lawyer becomes crucial for:
- Assessing the legitimacy of confiscation requests
- Documenting the legal origin of patrimonial assets
- Challenging the calculation of usurious interest
- Ensuring compliance with the principle of proportionality
The Law Firm of Avv. Angelo Cocozza offers specialized assistance in matters of usury and asset confiscation, guaranteeing prompt and effective defense for the protection of clients’ assets.
