Analysis of the Cassation Judgment, Criminal Section V, No. 37159 of 2024: Fraudulent Bankruptcy and the Responsibility of Directors

The recent ruling of the Court of Cassation, Criminal Section V, No. 37159 of 2024, provides a significant insight into the offenses of fraudulent bankruptcy, particularly regarding the role of directors in the context of insolvency. The ruling is based on a specific case involving the company LUBIAN Srl and its directors, A.A. and B.B., who were convicted for the misappropriation of assets and for failing to maintain proper accounting records.

Context of the Ruling

The case saw the two directors appeal to the Cassation after the Court of Appeal in Milan confirmed their conviction. A.A. contested the lack of reasoning regarding his responsibility in the misappropriation of assets, while B.B. questioned the subjective element of the crime. The Court examined the grounds for appeal, highlighting some fundamental principles of jurisprudence in the matter of fraudulent bankruptcy.

The Court of Cassation clarified that the assessment of the reasoning behind a ruling of merit cannot be reviewed in a legitimacy proceeding.

Legal Principles and Reasoning

A key element that emerged from the ruling is the distinction between the different modes of fraudulent bankruptcy. The Court reiterated that the concealment of accounting records requires a specific intent aimed at harming creditors. In the case of B.B., his responsibility was confirmed as he was considered the "factotum" of the de facto director, C.C., who was convicted for the misappropriation of assets. It is important to note that the Court of Cassation limited its intervention to verifying the existence of a logical argumentative framework, avoiding delving into the merits of factual evaluations.

Conclusions

In conclusion, the ruling No. 37159 of 2024 by the Court of Cassation emphasizes the importance of clear reasoning by the judges of merit, especially in complex cases such as those of fraudulent bankruptcy. The responsibility of directors must be assessed carefully, taking into account their actual participation in corporate operations and specific intent. Directors must be aware of their responsibilities and the legal consequences that may arise from their decisions. It is a call for greater transparency and accountability in corporate management.

Bianucci Law Firm