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A Centro Einaudi report on bankruptcy in Italy • 2 / Is a partial depenalization necessary?
There can be no doubt that the penal system in force sees in company bankruptcy a moment of social and economic alarm, and as such warranting sanctions. Initially the article examines the current penal framework aggravated by the fact that bankruptcy norms are based upon a dual presumption: the existence of a causal relationship and guilt. Reform prospects if only partial in the Mirone project are then analysed. Profiles of responsibility during the phase of the business’s crisis management and the frames of edict are amongst the themes discussed by the author. Today the sentence paid for a bankruptcy offence is from three to ten years imprisonment, the same as robbery or similar crimes. The high level of risk involved therefore frequently pushes the defendant into alternative measures (for example the so-called ‘compromise’): however perhaps what is necessary is a grading of sentences according to the defendant’s conduct and collaboration.