26 Jun bankruptcy crime

Bankruptcy is a criminal case of bankruptcy criminal law, and it consists of a concealment activities of the royal heritage put in place by the agent, or a destabilization activities of the heritage, direct to realize insolvency, even simulated, to the detriment of creditors.

The bankruptcy offenses are governed by the Bankruptcy Law (Royal decree 16 March 1942, n. 267) and subsequent amendments.

The most significant differentiation between simple bankruptcy (Articles. 217 e 224 L. Fall.) and fraudulent bankruptcy (Articles. 216 e 223 L. Fall.), relating to a different intensity of the objective and subjective gravity.

The contract bankruptcy by an individual businessman bankrupt, or from a different subject from the failed, is defined as its; if instead it is committed by an administrator, a general manager, a mayor or a liquidator of a trading company is outlined as improper.

The criminal conduct related to cases of simple bankruptcy is that bankruptcy fraud can be committed on property or in books and accounting records: in the first case we talk about asset bankruptcy (or bankruptcy in the strict sense), in the latter more we speak document bankruptcy.

Finally, the term refers to pre-bankruptcy asset and document fraudulent bankruptcy put in place before the declaration of bankruptcy (art. 216, co. 1, L. Fall.), while the post-bankruptcy is accomplished after this last statement (art. 216, co. 2 L. Fall.).