This site uses technical and third-party cookies to improve your browsing experience. Learn more

    Bankruptcy and Business Crisis Offences

    The Firm assists entrepreneurs, directors and corporate bodies in proceedings for business crisis offences, with particular reference to fraudulent bankruptcy (patrimonial and documentary), preferential bankruptcy, simple bankruptcy, improper bankruptcy of corporate officers, abusive resort to credit, false certifications and reports, and declaration of non-existent credits.

    Fraudulent bankruptcy constitutes the most serious expression of criminal liability in insolvency offences. The determination requires a rigorous verification of the typicality of the conduct and the causal link between the contested operations and the actual depletion of the creditors' guarantee.

    Documentary fraudulent bankruptcy concerns conduct that affects the regular keeping and truthfulness of accounting records, compromising the possibility of reconstructing the company's assets and business activities.

    Preferential bankruptcy relates to payments or dispositive acts made in a state of insolvency in favour of certain creditors, in violation of the principle of equal treatment of creditors.

    Simple bankruptcy concerns conduct characterised by imprudence or managerial irregularity that contributed to the company's insolvency in the absence of fraudulent purposes.

    Offences covered in this area

    Each offence has its own page with the applicable rules, evidentiary issues and defence strategy.

    Fraudulent BankruptcyPatrimonial Fraudulent BankruptcyDocumentary Fraudulent BankruptcyPreferential BankruptcySimple BankruptcyImproper Bankruptcy of Corporate OfficersAbusive Resort to CreditFalse certifications and reportsDeclaration of non-existent creditors and other breaches

    How the firm works on this area

    • Ricostruzione tecnica dell'assetto patrimoniale e finanziario
    • Verifica della tipicità della condotta e del nesso causale
    • Distinzione tra rischio d'impresa e condotta penalmente rilevante
    • Gestione delle misure cautelari reali e sequestro preventivo
    • Analisi degli indici di fraudolenza documentale

    Related insights

    Reati BancarottaBancarotta patrimoniale e offensività concreta: il mero distacco del bene non bastaEstradizioni e Mandati di ArrestoMandato di arresto europeo (MAE): radicamento in Italia e rifiuto della consegnaRiciclaggio e Reati Economico PatrimonialiConfisca a metà: la Cassazione boccia la doppia motivazione su profitto e sproporzione

    Frequently asked questions about Bankruptcy and Business Crisis Offences

    What is fraudulent bankruptcy and when does it arise?
    Fraudulent bankruptcy is the most serious form of criminal liability in insolvency offences. It arises when an entrepreneur or director knowingly diverts corporate assets, records fictitious liabilities, or alters accounting records, prejudicing creditors' security. Establishing liability requires verification of the typical elements of the offence, the causal link, and specific criminal intent.
    What is documentary fraudulent bankruptcy?
    Documentary fraudulent bankruptcy concerns conduct that alters, removes or irregularly keeps accounting records, undermining the reconstruction of assets and business movements. Not every accounting irregularity is criminally relevant: the alteration must concretely prevent reconstruction of the company's financial position.
    What is preferential bankruptcy and what is the defence approach?
    Preferential bankruptcy concerns payments made in a state of insolvency in favour of certain creditors, in violation of the principle of par condicio creditorum. Criminal liability does not automatically arise from selective payments; it requires proof of awareness of insolvency and intent to favour specific creditors.
    How is the defence approached in simple bankruptcy proceedings?
    Simple bankruptcy concerns imprudent or irregular conduct that contributed to business distress, without fraudulent intent. The defence focuses on distinguishing normal business risk from criminally relevant conduct, and verifying that management deficiencies do not meet the objective and subjective requirements of the offence.
    What is the limitation period for bankruptcy offences?
    The limitation period for bankruptcy offences runs from the declaration of bankruptcy, which constitutes an objective condition of punishability, and not from the time of the act. The periods vary depending on the offence: fraudulent bankruptcy has a longer period given its higher maximum penalty. The defence analyses the correct identification of the dies a quo and any grounds for interruption or suspension that may affect the calculation of the period.

    Related practice areas

    Reati TributariReati PrevidenzialiResponsabilità Amministrativa degli Enti – D.Lgs. 231/2001Reati Societari, Finanziari e di MercatoRiciclaggio e Reati Economico PatrimonialiContraffazione e Tutela Penale della Proprietà Industriale

    Request a confidential consultation

    Every request is handled with the utmost discretion and professional confidentiality.

    All expertise areas