La insolvencia; transición de materia civil a penal.

Abstract

The purpose of this study is to analyze the bankruptcy process, specifically the transition from civil to criminal matters in cases of fraudulent insolvency; and, consequently, to propose a solution to a procedure with obscure norms and divided doctrinal positions. This has led to the absence ofan analogous criterion and inefficient effective judicial protection. For the development of this study, the present research work has been divided into three fundamental pillars, which for understanding purposes are detailed below: (a) Identify who is responsible for determining the insolvency status if by default is the Civil Judge, State Attorney General or the collegiate body, (b) Determine at what procedural stage the civil judge must resolve harmful issues, (c) To analyze the judicial activity of the State Attorney General and Judges in both civil and criminal matters within the bankruptcy and insolvency process, according to current legislation. In relation to the above; based on both civil and criminal procedural principles, the actions of the three collegiate bodies are analyzed according to the scope of theircompetence, both in the insolvency proceedings and in the insolvency criminal proceedings. Finally, on the basis of doctrinal criteria and current legal provisions, we have come to propose the best solution according to law from the author's point of view.