Effective penalty for aggravated usury in the drop-by-drop loan modality in Lima year 2024

Abstract

This article addresses the issue of criminality related to the aggravated usury offense in its illicit form of "gota a gota" lending in the city of Lima East, jurisdiction of Lima East, during the year 2024. Through a quantitative analysis study of an applied type with a correlational-causal design, a survey was conducted with a significant sample of 50 Criminal Law Operators (Criminal Judges, Criminal Prosecutors, and Criminal Lawyers) from that jurisdiction. The main finding is that, despite the legal proposals and Law No. 32183 of 2024, which attempts to criminally classify the illicit activity of "gota a gota" lending, the regulation remains ambiguous and confusing regarding whether it should be considered a mutual contract or a cybercrime. This ambiguity limits the severity of the penalties, which could be less than 12 years, and their effectiveness. It is concluded that the effective application of the penalties outlined in Article 200 and the explicit incorporation of aggravated usury into Article 214 of the Penal Code—including cases aggravated by extortion and usury—could deter criminals in Lima East in 2024, provided that the penalization of aggravated usury is clearly and strictly reflected in these articles.