El delito de usura y su impunidad por falta de prueba en la legislación nacional

Abstract

As observed in the Ecuadorian social reality, the crime of usury is one of those that are committed on a frequent basis, this due to various factors, mainly economic, since people, unable to have all the requirements required by institutions In order to grant a loan in a formal manner, they come before usurers who grant them the amount required at a rate higher than that allowed by the State. In order to guarantee the payment of the same, the usurers request that any type of guarantees be delivered, whether real or commercial documents such as checks, bills of exchange, promissory notes, among others. Once the credit has been granted to the victim and the guarantees granted in favor of the usurer, the latter resort to unlawful practices such as blackmail, extortion and intimidation so that the debts are canceled, many of which are impossible to pay due to the high interests; there are even cases in which, despite the cancellation of the debt, the guarantees are executed with the purpose that the usurer has a greater economic benefit, which harms the victims not only economically, but also their rights are violated rights to physical and psychological integrity of themselves and their families, economic stability and the right to work. These negative consequences increase in Ecuador, due to the fact that currently the criminal type of usury established in the Comprehensive Organic Criminal Code is difficult to prove; and therefore, it is not possible to prosecute and punish those responsible in an effective manner, so that there is impunity for the victims. For this reason, it is considered essential to conduct a doctrinal, legal and jurisprudential study of the crime of usury in Ecuadorian legislation, emphasizing the evidentiary efficacy required to effectively sanction its commitment.