With the entry into force of the new Criminal Code (Law 38/20, of 11 November 2020) and the Legal Framework for Company Recovery and Insolvency (Law 13/21, of 10 May 2021), we would call your attention to the recent criminalization of conduct by either the debtor or third parties, directly or indirectly related to: i) debt collection processes, such as the frustration of credits already the subject of enforcement proceedings; and ii) company recovery and insolvency, even if prior to the commencement of the relevant proceedings, as is the case of fraudulent or negligent bankruptcy and creditor favoring, punishable with a fine of up to 360 days or a prison term of three years.
For more information on this Legal Alert please contact:
[email protected]