Studio Legale Carlo Zaccagnini - Roma e Milano
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Distractive Fraudulent Bankruptcy

Fraudulent and diversionary bankruptcy, both in terms of assets and documentation (Article 216, paragraphs 1 and 2, Bankruptcy Law). Acquitted ‘because the offense does not exist.
The accused, Dr. […], President of the Board of Directors and co-administrator, later liquidator of […], an ancient Italian printing company and prominent publisher of legal codes, reviews, and journals, founded in the Kingdom of Savoy and declared bankrupt in 2016, was acquitted of fraudulent bankruptcy charges, specifically diversionary and documentary (Article 216, paragraphs 1 and 2, Bankruptcy Law).

The court accepted the defense’s argument that the entrepreneur, despite being a descendant of the company’s founder, primarily held curatorial and editorial roles, emphasizing the formalistic nature of her managerial qualifications.

The defense also highlighted the interpretative approach that places responsibility for “asset diversion” on the prosecution, requiring a clear demonstration of the existence of those amounts in the company’s assets at the time of and throughout the tenure as a legal representative, a burden on the prosecution.

Avv Carlo Zaccagnini | Studio Legale Carlo Zaccagnini - Roma e Milano

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