How is a bankruptcy criminal case filed?
The establishment of a criminal trial requires the prior presentation, by the bankruptcy trustee, of a detailed report to the Public Prosecutor’s Office on:
– causes of failure;
– diligence paid by the entrepreneur in the management of the company;
– possible liability of the latter in relation to the state of insolvency of the company.
If the legal entity subject to insolvency proceedings is a company, then the report will concern the possible liability profiles of the qualified entities other than the bankrupt.
It will be the exclusive task of the Public Prosecutor’s Office, once the commission of the crime has been detected, to enter the notitia Crimilis in the appropriate register in order to proceed to the investigation phase.