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Distractive and documentary fraudulent bankruptcy
Acquitted in abridged procedure.
The former Chief Executive Officer and Managing Director of the Board of Directors of […] S.p.A., with ascertained bankruptcy liabilities amounting to €103,140,000, has been acquitted of the offenses of fraudulent distraction and fraudulent documental bankruptcy (articles 40, cpv., Criminal Code, 216, paragraph 1, no. 1 and no. 2, 219, paragraphs 1 and 2, no. 1 and 223, paragraph 1 and 2, no. 2, of Royal Decree. 267/1942) “because the fact does not constitute an offence”.
According to the Prosecution, the top manager had failed to challenge the shareholders’ meeting resolutions considered to be distractive and impoverishing of the company’s assets. However, the duties of information pursuant to Articles 2381, 2388, and 2392 of the Civil Code were not violated in the case in question by the accused.
Office XXVIII of the Judge for the Preliminary Hearing in Rome, sentence no. 1694/2022 R.G. of 21 June.
