Commentary on Judgment No. 3060 of 2024: The General Partner and the Crime of Removal of Seized Assets

Judgment No. 3060 of October 30, 2024, by the Court of Cassation, serves as an important reference point for understanding the legal responsibilities of general partners in a limited partnership (s.a.s.) concerning seized assets. It states that the transfer of a seized asset by the general partner, appointed as custodian of the asset itself, constitutes the crime provided for by art. 388, paragraph five, of the criminal code.

The Case and the Court's Decision

The case in question concerned a general partner, P. C., who, in his capacity as custodian, had transferred to himself the ownership of a company asset subject to seizure. The Court rejected the appeal and confirmed that such conduct constitutes a crime, considering that the transfer of the asset represents a disposition that affects the timing of the enforcement proceedings and can prejudice the interests of the creditor.

General partner of an s.a.s. appointed custodian of a seized company asset - Transfer of the asset to himself - Constitutes a crime - Existence - Reasons. The conduct of the general partner of an s.a.s. who transfers to himself the ownership of a seized company asset entrusted to his custody constitutes the crime referred to in art. 388, paragraph five, of the criminal code, as it is a disposition that affects the timing of the enforcement proceedings and is potentially prejudicial to the creditor's interest, without the agent's liability for social obligations being relevant, which, although unlimited and joint and several, operates only subsidiarily.

Legal Implications and Regulatory References

This judgment draws attention to fundamental aspects of criminal and commercial law, particularly the liability of general partners and the rights of creditors. The relevant legislation includes:

• Article 388 of the Criminal Code: governs the crimes of removal or damage of assets subject to seizure.
• Article 2304 of the Civil Code: regulates the liability of partners in limited partnerships.

The Court clarified that the liability for social obligations of general partners, although unlimited and joint and several, intervenes only subsidiarily. Therefore, the transfer of seized assets is considered an unlawful and punishable act, regardless of the partner's position regarding social obligations.

Conclusions

Judgment No. 3060 of 2024 represents an important affirmation of the protection of creditors' rights and legality in the management of company assets. It clarifies that general partners cannot use company assets for personal purposes, especially when such assets are already subject to seizure. This principle not only protects the interests of creditors but also strengthens confidence in the legal system, promoting more ethical and responsible business practices.