Judgment no. 28009 of 2024: Pecuniary Damage and Criteria for Identification in Bankruptcy Offences

The recent ruling by the Court of Cassation, through judgment no. 28009 of April 10, 2024, provides important clarifications regarding the quantification of pecuniary damage in bankruptcy offences. The subject of the dispute focused on the correct application of Article 219 of the bankruptcy law, particularly concerning the aggravating circumstance related to damage of significant gravity.

The Regulatory Context

Italian bankruptcy law, specifically Article 219, paragraph 1, provides for specific aggravating circumstances in cases of patrimonial bankruptcy. The Court of Cassation, with the judgment in question, clarified that the extent of the damage should be calculated on the total value of assets withdrawn from the collective execution, rather than on the prejudice suffered by each participant in the distribution plan of the assets. This approach aims to ensure a fairer and more representative assessment of the seriousness of the facts.

The Ruling's Headnote

Pecuniary damage of significant gravity - Criteria for identification - Indication. In matters of bankruptcy offences, for the purpose of recognizing the aggravating circumstance referred to in art. 219, paragraph 1, bankruptcy law, the extent of the damage caused by the acts constituting patrimonial bankruptcy must be measured against the total value of the assets that have been withdrawn from the collective execution, rather than against the prejudice suffered by each participant in the distribution plan of the assets, regardless of the relationship with the overall amount of liabilities.

This headnote highlights how the assessment of damage should not be limited to considering the individual losses incurred by creditors, but should rather reflect the overall damage caused to the body of creditors through the withdrawal of assets. This approach aligns with the principle of protecting the collective body of creditors, which must be safeguarded in the event of bankruptcy.

Implications and Reflections

The implications of this judgment are significant for legal professionals and practitioners involved in bankruptcy proceedings. Some aspects to consider include:

• Clear definition of damage: The judgment provides a clear criterion for determining damage, facilitating the work of judges in quantifying aggravating circumstances.
• Creditor protection: The recognition of overall damage helps ensure greater protection for creditors, preventing the focus from being limited to individual positions.
• Jurisprudential consistency: The Court aligns with previous case law, consolidating an orientation that could guide future similar cases.

Conclusions

In conclusion, judgment no. 28009 of 2024 represents an important step in Italian bankruptcy jurisprudence, clarifying the criteria for assessing pecuniary damage in cases of bankruptcy. This approach not only promotes greater fairness in protecting creditors' rights but also contributes to a better understanding of the dynamics related to bankruptcy offences. It is essential for lawyers and professionals in the sector to take these indications into account to ensure the correct application of the rules in future situations.