24 May 2024

Organs of Judicial Liquidation and Bankruptcy Crimes. The Oci Conference in Catania

Two years after the implementation of the Code of Business Crisis and Insolvency, it becomes increasingly important to reflect on the role of the organs of the crisis procedure alongside the matter of bankruptcy crimes, which remained apparently unchanged in the transition from the bankruptcy law to the new codified text. This is the central theme of the Conference organized by the OCI – Osservatorio sulla Crisi di Impresa in Aci Castello – Catania, held at the exclusive location of the Four Points by Sheraton on May 24 and 25. Among the organizing bodies are also the Council of the Bar Association of Catania, the Order of Chartered Accountants and Accounting Experts of Catania, and the SAF – High Training School of Sicily.

Gobid Group is a partner of the training event dedicated to professionals of Insolvency Procedures, during which prominent speakers from the legal and academic worlds from all over Italy will intervene. During the four sessions, Judges, Lawyers, and Chartered Accountants will address current topics: the obligations of concordatarie and judicial liquidation procedures in the role of public official, the informational obligations towards the public prosecutor for the detection of crimes not only related to bankruptcy; the new position of the public prosecutor outlined by the Crisis Code, the relationships with the bankruptcy court and other organs of the procedures; the latest orientations of the Supreme Court regarding crimes committed by professionals and directors of insolvent companies; the examination of new bankruptcy crimes as established in the text drafted by the ministerial commission for the revision of bankruptcy crimes that completed its work in July 2022.

The main objective of the OCI is to promote research on the legal interpretation and business-economic data involved in preventive agreements and bankruptcy agreements, as well as on restructuring agreements. This is done by analyzing, first on a national basis and then in the regions of Calabria, Trentino-Alto Adige, Lazio, and Campania, the economic and organizational type of companies admitted to judicial procedures. The analysis then extended to the districts of Tuscany, Puglia, and Marche and concerns, in addition to judicial practices, the causes and severity of the crisis along with the effectiveness of the proposed plans. The study methodology compares the data from different experiences followed in judicial offices, the legal guidelines surveyed, and the movements of economic data territorially.

The research then converges into publications dedicated to the scientific community and professional operators and relies on methodologies of statistical reconnaissance of judicial information based on the direct examination of ostensible procedural data, interviews, questionnaires, and sample surveys.

The Conference Program

Friday, May 24
  • 16:00 Welcome: Filippo Pennisi, President of the Court of Appeal of Catania; Francesco Saverio Maria Mannino, President of the Court of Catania; Antonino Distefano, President of the Bar Association of Catania; Salvatore Virgillito, President of the Order of Chartered Accountants and Accounting Experts of Catania; Nicolò La Barbera, President of the Order of Chartered Accountants and Accounting Experts of Palermo – President of SAF Sicily.
  • 16:30: 1st Session – Public officials in the competition: judicial commissioner and curator.Coordinator: Lucia De Bernardin, Judge of the Court of RomeDiscussants: Enrico Giucastro, Chartered Accountant in Catania; Marco Spadaro, Lawyer of the Syracuse Bar
  • 18:00: 2nd Session – The public prosecutor in the face of the insolvent company. Coordinator: Marcello Marina, Lawyer of the Catania Bar Discussants: Giovanni Nardecchia, Deputy Attorney General at the General Prosecutor’s Office at the Court of Cassation; Giorgio Orano, Deputy Prosecutor of the Republic at the Court of Rome
Saturday, May 25
  • 9:30: 3rd Session – Crimes of professionals and directors in the 1942 law and the Crisis Code. Coordinator: Tommaso Rafaraci, Full Professor at the University of Catania Discussants: Rossella Catena, Section President of the Court of Cassation; Alfredo Guardiano, Counselor of the Court of Cassation
  • 11:00: 4th Session – New bankruptcy crimes in the Bricchetti Commission proposal. Coordinator: Francesco D’Alessandro, Full Professor at the Catholic University of Milan. Discussants: Renato Bricchetti, Former Section President of the Court of Cassation; Francesco Mucciarelli, Associate Professor at Bocconi University of Milan

An unmissable opportunity for our team, always at the forefront in attending conferences and training events dedicated to Insolvency Procedures.


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