The meeting room of the International law firms in Italy A painting hanging at the law firm Telchini & Mayr The facade of the law firm Telchini & Mayr in Bolzano

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).

Contact us

+39 0471 282223

Information notice pursuant to article 13 of the GDPR 2016/679. The data you provide by filling out this form to request information will be subject to processing on paper and electronically. The data, including potentially sensitive data, you provide by filling out this form to request and make a reservation for a stay at our facility will be subject to processing on paper and electronically. Your data will be used only to provide a response to your request and to reserve your stay. Your data may also be used to send advertising and marketing material, but it will not be communicated nor distributed to third parties. The data controller is STUDIO LEGALE TELCHINI & MAYR, which you can contact to exercise your rights, including the right to access your data or to consolidate, correct or delete it. To read the complete information notice, please refer to: our privacy policy.
Request has been forwarded!

Your request has been forwarded successfully.
Thank you!