This study, in three parts, is dedicated to the bankruptcy crimes, simple and fraudulent, and regulated by articles art. 240-241 pf the Penal Code. This first part approaches common aspects of both infractions, in a historical (chronological order), respectively in the Bankruptcy law , then in Companies law, then back in the Bankruptcy law, and currently in the Criminal law. Then are analyzed the constitutive elements of the bankruptcy crimes...

Members of the board of directors or board of supervisors mandate bears legal limitations and possible statutory limitations in order to ensure a fair administration, in the company’s interest, as it is sees by the law and the shareholders. To prevent the tendency of putting the personal interest above the company’s one, the law sanctions not only general issues, but defines certain particular situations considered presumptive conflictual form t...