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It is necessary to identify the legal objects protected by the corporate criminal law precisely to verify whether their insertion reconciles with the regulation in bankruptcy, as we must bear in mind that the legal objectivity deriving from the corporate crime, if it is not matched to the assets of the creditors (and therefore in accordance with the legal objectivity of the failure) (16) is not dispersed, but determines a pluri-offensive situation (17).
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This is why the most obvious references to the law that criminalizes the failure of a corporate crime involve the introduction in art. 223, paragraph 2, n. 1, of different company criminal regulations with respect to the damage caused by the bankruptcy offense and the cancellation, on the contrary, of rules that were aimed at protecting the assets of the company and, therefore, of the creditors.
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With such a new redefinition of the law that criminalizes bankruptcy, the references to the previous legislation are also considered, with the intention to include in the bankruptcy regulation only the corporate criminal laws that can be compared, compared to the protected legal objects, to the failure; in this way, the subsequent commitment to overcoming the same system has lost all its importance now that the failure of the corporate crime has been transformed into a crime of damage, defined by the need that the implementation of the fact, regulated by the same company criminal law, determine, or contribute to determine, the bankruptcy of the company.
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Article. 223, paragraph 2, n. 1, reported, primarily, the activities regulated by art. 2621 of the civil code, a law that governed three different types of crime.
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The untrue social news. For the art. 2621, n. 1, civil code, the social news is not true that the actions of the directors officers, members, executives, auditors and creditors, that in the minutes, in reports or in other social acts, fraudulently specify data not true in on the economic situation of the company or completely or partially hiding events to be attributed to the same situations, such a criminal business case was prosecuted ex officio and the punishment established was the arrest from 1 to 5 years and the fine converted into euro by 1032 up to 10329 euros.
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The jurisprudence (18) had implemented a redefinition of the crime from a pluri-offensive point of view, on the one hand, arguing that the law that criminalized the failure was directed to the protection of the social interest on the reliability and correctness of social news and also to the individual interests, of a patrimonial nature, to be attributed to the company, shareholders and liquidators, on the other hand, specifying how to introduce the offense was sufficient, in addition to the collective damage, the simple danger of damage of even one of the assets assets described.
The search is applied for the verification of the test, and is governed by the art. 247 and following of the penal procedure code.
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The aforementioned is practiced when there is a "right reason to be able to recover the objects of the crime and those that involve the same crime".
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In this way, the offender can also be identified and arrested. However, such an instrument tends to limit certain constitutional liberties, mainly personal and domiciliary, for which the law provides for forms of guarantee and procedures to limit the aforementioned liberties to a minimum level.
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Eval probation is a procedural device governed by art. 253-ff. of the c. p. p .. The institutes that have this competence are the judicial police and the public prosecutor.