Judgment No. 28009 of 2024: Property Damage and Identification Criteria in Bankruptcy Crimes

The recent ruling by the Supreme Court, through judgment No. 28009 of April 10, 2024, provides important clarifications regarding the quantification of property damage in bankruptcy crimes. The focus of the dispute was on the correct application of Article 219 of the bankruptcy law, particularly concerning the aggravating circumstance related to significant damage.

The Regulatory Context

The Italian bankruptcy law, particularly Article 219, paragraph 1, provides specific aggravating circumstances in the case of property bankruptcy. The Supreme Court, in the judgment under review, clarified that the amount of damage must be calculated based on the total value of the assets removed from the bankruptcy proceedings, rather than on the prejudice suffered by each participant in the distribution plan of the assets. This approach aims to ensure a fairer and more representative assessment of the severity of the facts.

The Summary of the Judgment

Significant property damage - Identification criteria - Indication. In the context of bankruptcy crimes, for the recognition of the aggravating circumstance referred to in Article 219, paragraph 1, bankruptcy law, the amount of damage caused by acts constituting property bankruptcy must be measured against the total value of the assets that have been removed from the bankruptcy proceedings, rather than the prejudice suffered by each participant in the distribution plan of the assets, regardless of the relationship with the overall amount of liabilities.

This summary highlights how the assessment of damage should not be limited to considering the individual losses suffered by creditors but should rather reflect the overall damage caused to the body of creditors through the removal of assets. This approach aligns with the principle of protecting the collective interests of creditors, which must be safeguarded in the event of bankruptcy.

Implications and Reflections

The implications of this judgment are significant for legal practitioners and professionals involved in bankruptcy law proceedings. Some aspects to consider include:

  • Clear definition of damage: The judgment provides a clear criterion for determining damage, facilitating judges' work in quantifying aggravating circumstances.
  • Protection of creditors: The recognition of overall damage helps ensure greater protection for creditors, preventing the focus from being limited to individual positions.
  • Jurisprudential consistency: The Court aligns itself with previous jurisprudential rulings, consolidating a direction that could guide future similar cases.

Conclusions

In conclusion, judgment No. 28009 of 2024 represents an important step in Italian bankruptcy jurisprudence, clarifying the criteria for assessing property damage in cases of bankruptcy. This approach not only promotes greater fairness in protecting creditors' rights but also contributes to a better understanding of the dynamics related to bankruptcy crimes. It is essential for lawyers and industry professionals to consider these indications to ensure the correct application of the rules in future situations.

Bianucci Law Firm