Simple Bankruptcy and Inventory Book: Analysis of Judgment No. 27703 of 2024

The judgment No. 27703 of May 28, 2024, issued by the Court of Cassation, offers an important reflection on the maintenance of accounting books by entrepreneurs and the consequences of careless management. In particular, the Court addressed the issue of the configurability of the crime of simple bankruptcy in relation to the conduct of an entrepreneur who keeps the inventory book in a synthetic manner, without adequate detail.

Context of the Judgment

The case in question concerns V. T., accused of document-based simple bankruptcy for having kept an inventory book that did not comply with the obligations set forth by current regulations. The Court established that the conduct of keeping the book in a synthetic manner, lacking sufficient details, is not only inadequate but also constitutes the crime of document-based simple bankruptcy.

  • The lack of detail in the inventory book is considered unsuitable to provide a clear representation of the company's assets and liabilities.
  • The function of the book itself is compromised, undermining its essence as a tool for transparency and control.
  • The Court emphasized that the effectiveness of the work of the bankruptcy trustee, who managed to reconstruct the active and passive state of the company, does not exempt the entrepreneur from their responsibilities.

The Court's Principle

Inventory book - Kept in a synthetic manner - Crime - Configurability - Existence - Reasons. The conduct of the entrepreneur who keeps the inventory book in a synthetic manner integrates the crime of document-based simple bankruptcy, as the absence of detail is unsuitable to provide an account of the company's assets and liabilities, undermining the function of the book itself. (In the motivation, the Court highlighted that, for the purposes of the crime's configurability, it does not matter that the trustee was able to completely reconstruct the active and passive state of the bankruptcy).

This principle highlights the centrality of correctly maintaining company accounting. The Court emphasized that, even in the presence of a retrospective reconstruction of accounting situations, the omission of regular and detailed management can constitute a crime. This aspect is fundamental to understanding the importance of regulatory compliance in business management.

Conclusions

Judgment No. 27703 of 2024 represents an important warning for entrepreneurs regarding the necessity of maintaining compliant and detailed accounting documentation. Ignoring such obligations can not only lead to serious criminal consequences but also compromises transparency and trust in commercial relationships. Therefore, it is essential for companies to be aware of their responsibilities and to adopt accounting practices that comply with current regulations.

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