Description
ANALYSIS OF THE CRIME OF PUNISHABLE INSOLVENCY (ART. 259 PENAL CODE)
Book Summary
This work offers an exhaustive and up-to-date analysis of the crime of punishable insolvency, one of the most controversial figures in Economic Criminal Law. The author examines Article 259 of the Penal Code in depth, following the reform of Organic Law 1/2015, addressing its evolution from a proposal for suppression to a significant punitive expansion. The book unravels the keys to a criminal offense that no longer requires a declaration of bankruptcy and incorporates a negligent modality, generating intense doctrinal debate over the limits of punishing an insolvent debtor.
What is it about?
The work delves into the core of the crime of punishable insolvency, starting from the criminal-policy considerations that question whether criminal law is the appropriate instrument to sanction conduct that affects the debtor's assets. Through a sequential framework based on the Legal Theory of Crime, the author analyzes the essential elements of the criminal offense, the novelties introduced by the 2015 reform, and the tension existing between criminal regulation and bankruptcy legislation, which promotes pre-bankruptcy mechanisms for business survival. Controversial issues derived from the criminal prosecution of insolvency and its relationship with the bankruptcy process are addressed, offering a critical and well-founded vision.
Main Topics
- Dogmatic analysis of Article 259 of the Penal Code (punishable insolvency).
- Legislative and criminal-policy evolution of the crime of insolvency.
- Relationship between Criminal Law and Bankruptcy Law.
- The negligent modality and the elimination of the requirement for a declaration of bankruptcy.
- The debate on "debtor's prison" and the limits of permitted risk for the debtor.
Who is it recommended for?
This work is aimed at legal professionals, especially criminal and commercial lawyers, judges, prosecutors, legal advisors, and academics specializing in Economic Criminal Law and Bankruptcy Law. It is also highly useful for postgraduate students and those preparing for competitive examinations who wish to delve into one of the most complex and current figures in the field of corporate criminal law.
What this book contributes
- A rigorous and updated analysis of the crime of punishable insolvency after the 2015 reform.
- Clarification of the most controversial issues in the interpretation of Article 259 of the Penal Code.
- Understanding of the interaction between the criminal process and bankruptcy proceedings.
- Tools for the defense or prosecution in cases of punishable insolvency.
- A critical perspective on the limits of criminal law in corporate crisis management.
Technical Specifications
- Author: ROLDAN PEREZ, CARMEN
- Publisher: J.M.BOSCH
- Language: Spanish
- Topic: CRIMINAL PROCEEDINGS, BANKRUPTCY AND INSOLVENCY
- Collection: J.M. BOSCH EDITOR COMMERCIAL COLLECTION
- Publication Date: June 2025
- Number of pages: 388
- Weight: 800 g
Editorial Assessment
This is an essential reference work for those who need to master the crime of punishable insolvency in its current configuration. Its rigorous approach, combined with the author's practical experience, offers a balance between legal theory and the real problems posed by its application. The depth of the analysis and the clarity of the exposition make it a valuable tool both for professional practice and for academic research in an area of growing relevance.