While legal scholars have had the opportunity to examine the exception of prescription in matters of bankruptcy when the facts predate the opening of collective proceedings (Penp. Rep., v ° Bankruptcy and related offenses, by A. Mihman), in its judgment of November 25, 2020, the criminal chamber refines its case law for acts committed after the opening thereof.
In the present case, on November 18, 2011, a creditor of a project management company sent a letter to the public prosecutor informing him of a dispute between him and this company. The investigation revealed that the said company was placed in receivership between November 13, 2002 and March 27, 2009, the date on which bankruptcy proceedings had been opened. The investigation showed that transfers had been made between April 2008 and March 2009 for an amount of € 52,300 by the sole proprietorship for the benefit of another company managed by the same natural person. This company had obtained in 2006 a mortgage allowing it to build a dwelling house which turned out to be both the head office of the said company and the main residence of …
–
