Tortuous insolvency, criminal offences ex article 260 of the Criminal Code

No tortuous insolvency
Tortuous insolvency requires gross negligence or willful misconduct in generating or aggravating insolvency
In some cases is considered tortuous under several reasons (see articles 164/165 LC)

• Breach of obligation to keep accounts or irregularities impeding adequate comprehension of the situation of the debtor
• Misrepresentation in the documents presented when filing for insolvency or submitted during the procedure
• Liquidation because of breach of voluntary agreement for causes due to the debtor
• Fraudulent detraction of assets in the two years prior to the opening of the insolvency procedure
• Fraudulent conveyance or acts that delay, hinder or prevent the effectiveness of a seizure

In some case gross negligence or willful misconduct is presumed

• Breach of the duty to file for insolvency
• Breach of the duty to collaborate with the insolvency
• Breach of the duty to formulate annual accounts, submit the to audit or deposit them at the Mercantile Registry

b. No criminal offense as defined in art. 260 CP or any other specially related to insolvency (?)

Article 260
1.    Whoever is declared insolvent shall be punished with a sentence of imprisonment from two to six years and a fine from eight to twenty- four months, when the situation of economic crisis or insolvency is caused or aggravated maliciously by the debtor or person acting on his behalf.
2.    The amount of damage the creditors are caused, their number and financial status, shall be taken into account to appraise the punishment.
3.    This offence and the individual offences related thereto, committed by the debtor or person who has acted on his behalf, may be pursued without awaiting conclusion of the civil proceedings and without prejudice to continuation thereof. The sum of civil liability arising from such offences shall be included in the insolvent's estate as appropriate.
4.    Under no circumstance whatsoever shall the insolvency classification in the civil proceedings be binding in the criminal proceedings.