Auditors of a Company acting in concert to commit the crime of bankruptcy

  • 05/12/2018

Article 2403 of the Civil Code provides that the Board of Statutory Auditors oversees the compliance with the principles of proper administration and in particular the adequacy of the organizational, administrative and accounting structure adopted by the company. This rule requires the Auditor to oversee the observance by the directors of the law and the bylaws, as well as the preservation of the company assets with respect to the distraction or dissipative behavior of the management body.

The Court of Cassation, with sentence no. 44107 of 4 October 2018 outlines the scope of application of art. 40 of the Criminal Code, with particular reference to the liability for omission of company auditors in the crime of bankruptcy: the responsibility for omissive conduct presupposes the causal link between omission and event, the conscience and the will of the consequences of the omission and the existence of the subject, of an obligation of activation, foreseen by the law, for the specific purpose of preventing the event.


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