The elements of the balance sheet are largely evaluative
Posted: Wed Jan 22, 2025 7:21 am
There is no doubt that the subjectivity of the assessment of the company's directors is not unlimited. They are required to observe some rules imposed by law. However, among these there is one that allows the adoption of the current market price (Decree-Law No. 2,627, art. 129, letter b ). Now, is there proof that the stock, whose price is being disputed, was not the current market price? There is none. The experts only relied on the stock exchange price. Even so, as we have seen, this was unduly the case, because they did not identify the coffee to which the disputed price refers with this price.
21. The fourth question asks:
“Even if the balance sheets were not accurate, because an sms gateway brunei incorrect criterion was followed in the evaluation of the coffee, is it reasonable and fair, for that reason alone, to say that the directors committed the crime set out in article 177, § 1º, nº VI, of the Penal Code?”
We have already seen that this is not the case; and the indictment itself, being limited to civil action, recognizes the non-existence of a crime. NÉLSON HUNGRIA writes (“Comments on the Penal Code”, ed. “REVISTA FORENSE”, vol. 7, page 285):
“In the case of a false balance sheet, however, it is necessary to distinguish between the hypothesis of intentional falsehood and that of inaccuracy due to an assessment or accounting error”.
21. The fourth question asks:
“Even if the balance sheets were not accurate, because an sms gateway brunei incorrect criterion was followed in the evaluation of the coffee, is it reasonable and fair, for that reason alone, to say that the directors committed the crime set out in article 177, § 1º, nº VI, of the Penal Code?”
We have already seen that this is not the case; and the indictment itself, being limited to civil action, recognizes the non-existence of a crime. NÉLSON HUNGRIA writes (“Comments on the Penal Code”, ed. “REVISTA FORENSE”, vol. 7, page 285):
“In the case of a false balance sheet, however, it is necessary to distinguish between the hypothesis of intentional falsehood and that of inaccuracy due to an assessment or accounting error”.