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The omissive crimes are subdivided into:

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The guilty conscience represents an increase in the sentence. Generic guilt and special guilt. On the basis of this, one distinguishes: the generic guilt that occurs when the transgression has concerned behavioral norms at the social level, or that are rooted in common and social life. Laziness, recklessness and incompetence originate such guilt.

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With the false term in the balance sheet, or accounting fraud [1], we refer to the drafting of information that is not true at the social level, ie false and incorrect reports with respect to what happened and of the significant reporters to be provided in the reporting business activity.

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The illicit fraudulent failure in the corporate area has been altered both because the circumstances, main features and fundamental aspects of the alleged corporate crimes have changed, and because some forms of malpractice have been canceled, both due to the presumption of a fact, the bankruptcy, in causal relationship with the mandate of the planned actions.

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The danger of blaming conduits whose actual damage was very disputable, if not clearly non-existent, was not, however, a unique requirement of the type considered. Also the other circumstances of failure, proper and improper (excluding those governed by Articles 223, paragraph 2, No. 2, and 224, No. 2, considered as an event illicit, outlined by the bankruptcy), not localizing over time an area of criminal danger (13), allowed (and allow) the feasibility of actions implemented even in periods prior to the emergence of an actual risk of insolvency.

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The search in criminal law is a typical instrument for the assessment of the proof, as recalled and regulated by the art. 247 and further of the criminal law code.

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