Bankruptcy Criminal Law


The Cuomo study & Partner provides court consultancy and assistance and legal defense for criminal cases pertaining to commercial borne by the entrepreneur criminal liability for a sole proprietor and administrator to the business activity conducted in corporate form in a previous period or contemporary with the bankruptcy, that is consumed in the course of bankruptcy proceedings.

The offenses which are most commonly to be addressed are those of asset or documentary fraudulent bankruptcy (art. 216 R. D. 16 March 1942 n.267), simple bankruptcy (art. 217 R.D. 16 March 1942 n. 267) and so-called improper bankrupt (art. 223 R.D. 16 March 1942 n. 267) refers to those facts of the offense in place by administrators, dall'institore failed entrepreneur, CEOs, auditors and liquidators of companies.

The reform of bankruptcy proceedings introduced by Legislative Decree. 5/2006 It produced significant repercussions in terms of the criminal offenses provided for by the bankruptcy law that continue to be the center of the doctrine and the most recent case law. In particular, professionals of the firm have gained significant experience on controversial issues concerning the extension of the bankrupt's obligations under Article. 49 l. fall., the consequences of the rehabilitation of the "civil" of failed and receivership, the introduction of the cause of "exemption from bankruptcy crimes' in the new Article. 217 to, the fallout from the novella on cases of abusive use of credit, as well as on the main problematic aspects raised by the reform of the courts and the new rescue institutes firm.

The Cuomo study & partners are routinely deals with criminal law bankruptcy, thanks to the tried and tested collaboration with the valid technical consultants who operate outside the criminal field.