The incurable crisis of a company is recognized that it can bring to failure, which is declared by a judgment of the Court, once this organ court has noted the undeniable assumptions. The owner of the bankrupt are still not charged offenses criminal. Unless he, or others connected to it, put in place behavior, are intimately connected to the bankruptcy proceedings, mainly to produce damage, directly or indirectly, to the creditors of the same company. In this case, you can configure the so-called bankruptcy crimes, which constitute the very delicate subject of this guide.

And well-known, as well as particularly picturesque, that the merchants of a few centuries ago, when they failed, they broke their bench, placed where your items for sale or, more generally, on which carrying on commercial activities. Hence the sad and difficult period of bankruptcy, which is in fact the name of the offense bankruptcy by definition and therefore more known. The owner failed a company incurs the crime of fraudulent bankruptcy when, for example, makes the concealment of their real asset, which hides them to not have to sell in order to repay creditors.


Or, perhaps even worse, destroy the material goods that make up the separate property of the bankrupt. Another case of bankruptcy is when the failed alter records or financial statements or tax to induce the receiver (or directly the creditors) to the recognition of certain property assets that legally belong to the company instead.

Lighter is instead the position (and the legal consequences) of failure in the other case of bankruptcy, the one defined by the legislator in this simple case is recognized entrepreneur the absence of intent to defraud, directly linked to the scam. His behavior so even if sanctioned quite heavily, did not assume the prerogatives of serious intent, but, as stated by the law, the only fault in those cases that are certainly less common entities other than the bankrupt may stain of bankruptcy crimes and possibly the case of those who pretend to be creditors of the company failed, without being really, or working with the failed to carry out actions related to bankruptcy, especially the fraudulent.