Simple Bankruptcy and Inventory Book: Analysis of Judgment No. 27703 of 2024

Judgment No. 27703 of May 28, 2024, issued by the Court of Cassation, offers an important reflection on the keeping of accounting records by entrepreneurs and the consequences of inaccurate management. In particular, the Court addressed the issue of the configurability of the crime of simple bankruptcy in relation to the conduct of an entrepreneur who keeps the inventory book in a synthetic manner, without adequate detail.

Context of the Judgment

The case in question concerns V. T., accused of documentary simple bankruptcy for having kept an inventory book that did not comply with the obligations provided for by current legislation. The Court ruled that the conduct of keeping the book in a synthetic manner, lacking sufficient detail, is not only inadequate but also constitutes the crime of documentary simple bankruptcy.

• The lack of detail in the inventory book is considered insufficient to provide a clear representation of the company's assets and liabilities.
• The function of the book itself is compromised, nullifying its essence as a tool for transparency and control.
• The Court emphasized that the effectiveness of the work of the bankruptcy trustee, who managed to reconstruct the company's assets and liabilities, does not exempt the entrepreneur from their responsibilities.

The Court's Ruling

Inventory book - Keeping in a synthetic manner - Crime - Configurability - Existence - Reasons. The conduct of an entrepreneur who keeps the inventory book in a synthetic manner constitutes the crime of documentary simple bankruptcy, as the absence of detail is insufficient to account for the company's assets and liabilities, thereby nullifying the function of the book itself. (In its reasoning, the Court highlighted that, for the purpose of configuring the crime, the circumstance that the trustee nevertheless managed to fully reconstruct the assets and liabilities of the bankruptcy is irrelevant).

This ruling highlights the centrality of correct business accounting. The Court emphasized how, even in the presence of a posthumous reconstruction of accounting situations, the omission of regular and detailed management can constitute a crime. This aspect is fundamental to understanding the importance of regulatory compliance in business management.

Conclusions

Judgment No. 27703 of 2024 represents an important warning to entrepreneurs regarding the need to maintain compliant and detailed accounting documentation. Ignoring these obligations can not only lead to serious criminal consequences but also compromise transparency and trust in commercial relationships. It is therefore essential for companies to be aware of their responsibilities and to adopt accounting practices that comply with current regulations.