The Criminal Code of the German Empire (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ... the usual rate of interest, so that according to the circumstances of the case the advantage gained is in striking disproportion to the amount paid. It includes all cases, in which necessity, thoughtlessness, and inexperience have been made an undue source of profit, and extends to delay in exacting a claim as well as to all classes of loans. The efficacy of the provision will depend on the judges, for its provisions are exceedingly vague. The offence may be aggravated by the attempt to conceal the nature of the transaction under some lawful form of business, or if it is committed jointly, or with the extortion of a promise or oath. Further, a severer penalty is provided for those, who knowingly acquire such debts, and either alienate or exact them, and also for usury as a trade; in the last case criminality is constituted by several usurious transactions, not by raising usurious interest several times on the same transaction. 3 of the law of 1880 describes the results of this 0ffence at civil law, which are sufficiently important to excuse mention of them here. Contracts which infringe 302 a, 302 b of the criminal code are invalid. All payments in money or kind made by or for the debtor must be repaid to him with interest from the day, on which they were received; for such payment those persons who have been guilty of the usury are liable jointly and separately, but an offender under 302 0 is liable only to the amount received by him or by a successor to his rights. The obligation of a third person, who is not guilty of usury is defined according to the regulations of civil law. The right of demanding the property back falls under prescription in three years from the day, on which the delivery took...