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Introduction
Crimes Handled
Offenses Handled
Criminal Proceedings and Defense
Information

Fraudulent Bankruptcy: Understanding and Defending

What is Fraudulent Bankruptcy?

Fraudulent bankruptcy is a complex financial crime that occurs when an entrepreneur, already declared bankrupt, performs acts aimed at concealing assets or altering accounts to deceive creditors. This crime is regulated by the Italian Penal Code, which establishes the criteria and penalties.

When Does the Crime Occur?

The crime of fraudulent bankruptcy occurs in various circumstances, including:

  • Misappropriation of assets: The entrepreneur intentionally removes assets from the bankrupt estate.
  • Document forgery: Accounting documents are altered or destroyed to hide the true economic situation.
  • Preferential payments: Payments are made to certain creditors at the expense of others.
"Fraudulent bankruptcy is not only an economic crime but an act that undermines trust in the financial system."

Challenging the Crime in Court

Defending against the charge of fraudulent bankruptcy requires a well-defined legal strategy. Here are some key steps:

  • Gathering evidence: It is essential to collect all documentary evidence that can demonstrate the entrepreneur's good faith.
  • Accounting analysis: A detailed review of the company's accounting can reveal unintentional errors or omissions.
  • Witness testimonies: Involve witnesses who can confirm the legitimate intentions of the entrepreneur.

Proving Good Faith

To prove good faith in court, the accused must demonstrate that the actions were not intended to defraud creditors. This may include:

  • Detailed documentation: Contracts, invoices, and communications that show transparency in business operations.
  • Legal and tax advice: Evidence of having followed professional advice to properly manage the financial situation.
  • Proof of legitimate intentions: Demonstrating that the actions were aimed at business continuity and not fraud.

Conclusions

Fraudulent bankruptcy is a serious accusation, but with adequate preparation and a solid defense, it is possible to prove one's innocence. If you need legal assistance on this matter, contact the Bianucci Law Firm. The expert team led by Attorney Marco Bianucci is ready to support you at every stage of the process.