Criminal, corporate, and bankruptcy law
The Telchini-Mayr-D'Abbiero Law Firm has defended major companies and, given its specialisation and competence in criminal, corporate, and bankruptcy law, is often called upon to represent bankruptcy administration compensation claims in the criminal process.
The business crisis, identifiable in the insolvency and subsequent judgment of judicial liquidation of assets, can also entail a criminal responsibility for those who have covered certain subjective qualifications within the company by conducting activities (even omissively) related to the economic failure.
Possible criminal consequences of bankruptcy
Royal Decree no. 267 of 16/3/1942 (“Provisions on bankruptcy regulation, on arrangement with creditors, on controlled administration and the administrative compulsory liquidation, Articles 216 et seq provides for, among other things, the following criminal cases: fraudulent bankruptcy (Article 216), simple bankruptcy (Article 217), abusive use of credit (Article 218), fraudulent bankruptcy acts committed by directors, general managers, statutory auditors, and liquidators (Article 223).
De quibus crimes call for very incisive ancillary sanctions for the businessman: think of the disqualification to exercise a commercial enterprise and the inability to exercise managerial offices in any company, both of which last ten years, set forth in the case of a conviction for the crime of fraudulent bankruptcy.
Criminal defence for corporate crimes
Corporate crimes disregard the state of insolvency and are governed by Articles 2621 et seq of the Italian civil code. These include:
- the so-called false accounting (Articles 2621 and 2622 of the Italian Civil Code),
- misappropriation of assets (Article 2634 of the Italian Civil Code),
- bribery among private individuals (Article 2635 of the Italian Civil Code),
- stock manipulation (Article 2637 of the Italian Civil Code).
Some corporate crimes (for example the so-called false accounting), if etiologically connected with the state of instability, involve the application of the penalty established for the crime of fraudulent bankruptcy.
The firm’s specialization in the field allows professional and skilled handling of disputing crimes related to industrial property, such as counterfeiting, alteration or use of distinguishing marks of original works or industrial products (Art. 473 of the Italian Penal Code) and the introduction into the State and trade of products with false marks (Article 474 of the Italian Penal Code).