VERDINI CONDEMNED: BEHOLD, BECAUSE IT'S FINISHED IN REBIBBIA

Denis Verdini was sentenced to six and a half years for the the bankruptcy of Credito cooperativo fiorentino with the word " end " to put by the Supreme court that though he was four months to the prescription of the crimes of fraud concerning the contributions to the publishing industry (the Court of Appeal of Florence sentenced him to six years and ten months).

The former senator of Forza Italia, in accordance with the current legislation in the field of alternative measures to detention, not having yet reached the age of 70 years may not benefit from any regime of detention is an alternative to prisonwhere he went, waiting for the fulfillment of the seventieth birthday, the next may.

What is the bankruptcy.

The D. Lgs. 14/2019 introduced the Code of the crisis and insolvency amending the civil code and the insolvency law relating to bankruptcy crimes and prefallimentari. The new standard requires that employers with the implementation of an adequate administrative and accounting organization for the immediate recognition of the crisis of the enterprise, and the adoption of tools aiming at overcoming the crisis and the return of the company's operations also turning to specialized agencies like the OCRI (Organisms of the composition of the crisis of the enterprise), by increasing the debt restructuring agreements and extending the hypothesis of esdebitazione that allows you to get rid, in a progressive way, by each debt. 

Articles 216 and 217 of the Bankruptcy Law differ from the assumptions of bankruptcy in fraudulent and simple. The fraudulent bankruptcy punishes three to ten years of imprisonment of the entrepreneur “failed” that conceals, destroys or dissipates, even in part, of its assets in order not to meet its debts to creditors, or steals, destroys or falsifies the books or other records to the prejudice of the creditors, obtaining an illicit profit.

The bankrupt simple instead punishes the entrepreneur “failed” that is a personal expense excessive in relation to its economic condition, consume a good part of its assets in operations imprudent or does it imprudent to delay the failure, worsening its financial difficulties by not requiring the bankrupt or fails to perform the obligations undertaken in a previous arrangement with creditors or bankruptcy.

It is evident the benefit of entrepreneurs in financial difficulty can I get by the successful adoption of an arrangement with creditors, a debt restructuring agreement approved, a plan, a certificate of rehabilitation or of a settlement of the crisis in the approved because, according to art. 217-bis of the Bankruptcy Law, not configurerebbero in this case, the crimes of bankruptcywith the exception of the cases provided for by art. 218 Of The Bankruptcy Law.

The art. 218, in fact, sanction, not only the entrepreneur, but also the liquidators imprudent who continue to ask for loans by masking the bankruptcy or insolvency of the company, the liquidators, which can also be punished if they commit the crime of bankruptcy under articles 223 and 224 of the Bankruptcy Law.

What are the alternative measures to prison.

The Law stipulates that, upon the occurrence of certain conditions, the opportunity to serve their sentence outside the prison: it is the alternative measures to detention.

Among these is the reliance on trial at the social service that offers you the possibility to serve the remainder of their sentence would be three years out of prison, (four years if the person's conduct was such as to allow a positive opinion on his personality) in the freedom of assisted and controlled, as long as the offender proves “rieducabile” and is not likely to commit other crimes, as well as the detention (also a special), the probation and the measures of nature “executive”.

We will examine here the detention, which is an alternative measure that would affect the case in question.

The art. 47-ter of the criminal law provides that the penalty of imprisonment for a term not exceeding four years, even if the constituent remaining part of most worth, may be discounted in their own home or in another place of private residence or in a public location, care, assistance, or reception, if the sentenced person has been 70 years.

Benefit from home detention even those condemned to punishments of four years in the case where you are, among other hypotheses, in terms of severe physical disabilitywith the immediate release and can also be ordered by the Supervisory judge pending the outcome of the proceedings before the Court.