Punishable bankruptcies in italian law and the reform of the “Corporate Crisis Code”

Abstract

This article deals with a comparative law issue, more precisely from Italy, which is extremely important today. The author refers to the offenses committed by the participants in a bankruptcy proceeding. The importance of his study goes beyond mere intellectual curiosity or the usual idea of the study of comparative law, since the Italian insolvency system has recently been substantially modified and has given rise to a new perspective on the subject, abandoning deep-rooted ideas and converting them into new procedures. In this way, the most important criminal types of the Italian legislation on the subject, which were included by the recent reform of the Code on the crisis of the company and insolvency, are exposed and will allow to know how the issue has been assessed in the light of new principles in the matter. The author includes in his conclusions that the position of the legislator should be taken into account when evaluating the conducts typified by the code.