Infracţiunile de bancrută (I) Aspecte comune ale infracţiunilor de bancrută

dr. Sebastian BODU, MBA

avocat

Ciprian BODU

procuror

ABSTRACT

This study, in three parts, is dedicated to the bankruptcy crimes, simple and fraudulent, and regulated by articles art. 240-241 pf the Penal Code. This first part approaches common aspects of both infractions, in a historical (chronological order), respectively in the Bankruptcy law, then in Companies law, then back in the Bankruptcy law, and currently in the Criminal law. Then are analyzed the constitutive elements of the bankruptcy crimes, respectively insolvency of the debtor and, for the fraudulent one, fraud of the creditors. Insolvency means both de facto stage, that precedes the order for relief, and de jure one, that follows the relief of such order. Deciding the cease of payments cannot be made by the criminal court, but only the insolvency court (syndic), by the order of relief. Analyses of the first part ends up with the penal action, and then...