Order of the Court of Cassation, I Criminal Section, No. 52613 of 6 July 2017

With this order, the Court of Cassation deferred a legitimacy question to the Constitutional Court concerning Articles 216, last paragraph, and 223 of the law on bankruptcy (Royal decree No. 267 of 1942 and subsequent modifications). According to the censured provisions, in case of fraudulent bankruptcy and other offenses, the convicted person is not allowed to carry out commercial business activity for the period of 10 years. The duration of this accessory sanction is automatic and cannot be reduced by the judge even when it exceeds the duration of the principal sentence. For this reason, the Court found that there was room for asking the Constitutional Court to assess whether the norms in question are consistent with respect for private life (Article 8 of the ECHR) and with the proportionality of possible restrictions imposed on economic rights (Protocol No. 1 to the ECHR).