Commentary on Judgment No. 27688 of 2024: Specific Intent and Participation in Fraudulent Bankruptcy

The recent judgment no. 27688 of May 14, 2024, offers important insights regarding criminal liability in the matter of fraudulent bankruptcy. In particular, it focuses on the failure to maintain accounting records, a highly relevant issue in the context of corporate crises. The case in question, which involved defendant M. M., addresses crucial issues related to specific intent and participation in the crime.

Specific Intent in Fraudulent Bankruptcy

In the context of fraudulent bankruptcy, specific intent plays a fundamental role. The judgment clarifies that to configure the crime of fraudulent bankruptcy through documentation, it is necessary for at least one of the participants to act with the intention of causing harm to creditors. This implies an awareness on the part of the other participants regarding the fraudulent intent of the acting party. The relevant provision is Article 216 of the Bankruptcy Law, which punishes the failure to maintain accounting records.

Participation in the Crime

The Court has established that participation in the crime is configurative if at least one of the actors is motivated by specific intent. This aspect is crucial, as it establishes a distinction between the material executor of the crime and the other participants who may not be directly involved in the illicit action but nonetheless share an awareness of the fraudulent intent. The judgment, therefore, clarifies a fundamental concept: the crime is not necessarily limited to those who materially carry out the action but extends to all those who are part of the criminal plan.

Failure to maintain accounting records - Specific intent - Participation in the crime - Configurability - Conditions. In the context of fraudulent bankruptcy through the failure to maintain internal accounting, participation in the crime is configurative provided that at least one of the participants - not necessarily the material executor - acts with the specific intent to harm creditors and that the other participants are aware of this intent.

This maxim highlights how criminal liability can extend beyond the individual who materially commits the illegality, involving also those who participate, even indirectly, in the criminal scheme. It is, therefore, essential that entrepreneurs and professionals understand the importance of correctly maintaining accounting records, not only as a legal obligation but also as a protective tool against possible criminal consequences.

Conclusions

In conclusion, judgment no. 27688 of 2024 represents an important precedent in the matter of fraudulent bankruptcy, emphasizing the role of specific intent and participation. Companies and professionals must pay attention to these aspects to avoid serious legal consequences, thereby ensuring transparency and accuracy in the management of their accounting records. Awareness of criminal liability is essential for operating in a healthy and compliant business environment.

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