A study published on JURIDICE.ro by Bogdan Bodoros analyzes the boundary between completed fraudulent bankruptcy and attempted fraudulent bankruptcy, a distinction crucial for determining criminal liability. According to the author, fraudulent acts may precede insolvency, and the moment of consummation of the crime may occur after the maneuvers. The study distinguishes between the disposal of assets in the context of insolvency and other maneuvers, such as concealing goods or falsifying records. For this second category, the author argues that fraudulent acts may precede insolvency, and the moment of consummation of the crime may occur subsequently. [1]
The author examines the situation where an asset is concealed, but the debtor subsequently obtains financing that prevents insolvency. According to the proposed interpretation, an attempt could be discussed if the maneuver was, from the outset, capable of contributing to the occurrence of insolvency. [1]
The Criminal Code punishes fraudulent bankruptcy with imprisonment ranging from six months to five years and expressly stipulates that an attempt is also punishable. [1]
In ordinary language, an attempt suggests an action that has started and been interrupted. In criminal law, the discussion may be more nuanced: the perpetrator may carry out the intended action without the result necessary for the consummation of the crime occurring. [1]
The example of the concealed asset does not mean that any accounting irregularity or concealment of assets automatically constitutes an attempt at fraudulent bankruptcy. All legal conditions must be verified, including the purpose of defrauding creditors and the specific circumstances. [1]
This is a legally reasoned interpretation within the study, not a generally established judicial solution. [1]
Rectifying the situation by returning the asset or correcting the records does not nullify the offense after it has been consummated, although it may be considered during sentencing. [1]
The practical conclusion is that neither insolvency nor an isolated error in documents alone justifies an accusation of fraudulent bankruptcy. What makes the difference is the concrete behavior, the pursued objective, and the sequence of events. [1]
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