Unlawful moneylending

Legal defence in unlawful moneylending cases

Unlawful moneylending (Article 351 of the Criminal Code) consists of lending money at interest as a regular activity by an unauthorised person and carries 6 months–5 years. A civil loan does not automatically become unlawful moneylending: its regular nature must be proved in context. The current provision requires confiscation of both sums lent and interest received, including interest reinvested in loans. A lawyer examines transactions, amounts and confiscation scope, as well as the conditions of preventive or protective measures.

Proving a regular activity, the nature of transferred sums and defence strategies

As an offence affecting the proper conduct of financial and banking activities, it is prosecuted ex officio. Therefore, reconciliation between the parties or withdrawal of a prior complaint by debtors does not remove criminal liability for unlawful moneylending, although compensation for material loss may be an important mitigating circumstance. In this context, the legal strategy focuses on contesting the offence’s elements. The defence seeks to establish that loans were isolated rather than a regular activity, or that sums requested represented only principal, without hidden interest or usurious penalties. Prosecution evidence such as ambient recordings or reporting witnesses’ statements may also be challenged, seeking a decision of acquittal or a decision to discontinue the case.

Urgent legal assistance in Focșani and Vrancea county

An unlawful moneylending allegation can affect assets through confiscation rules. Any seizure or preventive measure must meet statutory conditions and may be challenged through applicable remedies. Basuc Cosmin Law Office in Focșani provides urgent legal representation and a rigorously constructed defence strategy to protect your assets and freedom. We assist during home searches and interviews before police and prosecutors’ offices attached to courts in Vrancea County, challenge unjustified protective measures and provide firm, assertive representation before Focșani District Court, working to rebut allegations and secure a favourable outcome.