At the confluence of criminal matters with insolvency. Insolvency – prerequisite of bankruptcy offences
At the confluence of criminal matters with insolvency. Insolvency – prerequisite of bankruptcy offences

Summary/Abstract: Through this research we aim to highlight the need for the intervention of criminal law in the field of insolvency proceedings, as well as offences related to insolvency proceedings, respectively simple bankruptcy and fraudulent bankruptcy, reviewing the doctrinal opinions expressed and jurisprudence developed in the field. The interference imposes an interdisciplinary vision by the fact that, although the notion of insolvency is regulated in art. 240, respectively 241 of the Criminal Code and one can thus take into account a particular meaning of this notion from the perspective of criminal law, the offences in this case still refer to a field of law of its own, special, operating with its own notions and terminology, [1] each of the incriminations bearing an indissoluble link with the notion of insolvency. On a different note, the scope of bankruptcy offenses requires an interdisciplinary analysis, the mere application of the means of criminal law being insufficient. The criminal judicial body is also challenged to explore the field of insolvency in order to understand notions intrinsically related to elements that often do not represent points of interest for the criminal law specialist.

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