Giuffré Editore, 2015.
The law of May 27, 2015, n. 69 introduces disruptive changes in the landscape of corporate crimes. In particular, the reference made by the offenses of false corporate communications (Articles 2621 and, for listed companies, 2622 of the Civil Code) to only material facts, without resorting, as in the previous legislation, to the clause ‘even if subject to evaluations’, excludes valuation estimates from the operation of financial statement fraud. For the first time, these valuations, which are essential elements to establish the correctness of the financial statement, remain outside the aforementioned criminal hypotheses. The volume addresses the examination of the active subjects of the crime and then delves into the structure and characteristics of listed companies and those equated to them. The constituent elements of the crime are then examined in detail, concluding with an investigation into the relationships between the crime of financial statement fraud and the crimes of corporate bankruptcy and obstruction of supervision.