Bancruta simplă în noul Cod penal

The author makes an in-depth analysis as to the legal content of the offence of simple insolvency, set out under Article 240 of the new Criminal Code, adopted by Law no. 286/2009, making frequent references to the special legislation in the field of trade law.

Furthermore, the author examines the object of the criminal safeguards, the subjects of the offence, actus reus and mens rea, the forms, modalities, penalties and certain aspects related to proceedings, in connection with the offence laid down under Article 240 of the new Criminal Code.

The author has no reluctance in expressing his stance as to the constitutive content of this criminal offence and in putting forward certain solutions and own ideas.