Simple bankruptcy offence

Legal defence in simple bankruptcy offences

Simple bankruptcy offence (Article 240 of the Criminal Code) concerns failure or delay by an individual debtor or the legal representative of a corporate debtor to apply for opening insolvency proceedings, where the delay exceeds the statutory deadline by more than 6 months. Not every delay constitutes this offence. The penalty is 3 months–1 year of imprisonment or a fine; criminal proceedings begin on a prior complaint. Corporate or professional consequences are checked separately, not assumed identical for every conviction. A lawyer can establish the applicable deadline and relevant financial position.

The state of insolvency and defence strategies

The defence examines when insolvency arose, the duty and deadline to file, the length of delay and culpability. Negligence is not expressly criminalised by Article 240; the expression ‘intent or gross negligence’ does not describe the article’s regime. We analyse trial balances, payment due dates, liquidity and reports to verify facts rather than merely a report’s label. Financing prospects may have evidential significance but do not automatically negate the offence’s elements or the debtor’s obligations. We can request expert evidence, challenge an incorrect starting date and check the prior complaint. An early strategy helps address both the criminal case and insolvency consequences.

Legal assistance and representation in Focșani and Vrancea County

Business failure or a company’s insolvency can quickly lead to reports by creditors or insolvency practitioners, subject to checking the prior complaint required by Article 240, turning into a criminal case that can destroy your reputation and managerial career. The Law Office of Lawyer Basuc Cosmin in Focșani provides comprehensive legal assistance with simple bankruptcy accusations throughout Vrancea County. We professionally assist at economic police interviews and prosecutors’ investigations, provide technical support to challenge accounting expert reports and build a rigorous defence before Focșani District Court or prosecutors’ offices attached to Vrancea courts, seeking to protect your liberty and professional future.