Giuffré, 2013.
The reform of the crime of fraudulent corporate bankruptcy (Art. 4 Legislative Decree 61/2002) represented a fundamental milestone in the field of bankruptcy crimes. Starting from this premise, the volume analyzes, in the first part, the problematic inference that exists between this crime and that of breach of trust, referred to in Art. 223, paragraph 2, of the Bankruptcy Law, to which jurisprudence has always given a negative response, determining the abrogating effect of corporate bankruptcy due to breach of trust. The second part of the work is dedicated to bankruptcy caused by fraud or as a result of fraudulent operations ex Art. 223, paragraph 2, no. 2, of the Bankruptcy Law, which, from an almost exceptional case, has become the ordinary formula of contestation for most corporate bankruptcies.

The common elements of the conducts provided for by the law and those that differentiate them are analyzed, to arrive at a shared concept of the subjective element of the conduct and its reconnection within intent. The analysis includes the examination of a varied series of concrete case studies, useful for understanding and addressing the enormous variety of conducts that can fall within the concept of fraudulent operations, the recent jurisprudential findings on the matter, and the criminal implications of new procedures for resolving corporate crises.