Infracţiunile de bancrută (II), Comentarii pe articole. Articolul 240C. pen. - Bancruta simplă

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 of the Penal Code. This second part approaches the simple bankruptcy crime. A natural person and a legal representative of a legal person can be active subject of the infraction, but not the legal person. A focus is made on the legal representative, to define such term with implications both civil and penal, as well as the ad-hoc proxy holder. Legal object is analyzed through the constitutive content of the infraction, possible both by omission or commission. The crime is of danger. From the subjective aspect, the crime is accomplished only with intention, direct or indirect.

Key-words: ad-hoc proxy holder, aggregate value of claim, qualified subject, creditors, debtor, legal representation, insolvency,...