Enforcement And Bankruptcy Offense 2
Execution and Bankruptcy Crime – Providing Personal Benefit in Bankruptcy and Concordat Affairs
According to the provision of the Article, the material elements of the crime of obtaining personal benefit in bankruptcy and concordat affairs are formed when a person provides or promises a special benefit to the bankruptcy office or administration, or a creditor or his representative at the creditors’ meeting, in order to win the vote or consent to the concordat. Jul. Dec Jul As can be understood from the text of the article, there is no difference between securing an interest for the occurrence of a crime and promising it.
The perpetrator of the crime of obtaining personal benefit in bankruptcy and concordat affairs can be anyone. This person may be a creditor or debtor, as well as third parties acting on behalf of the debtor. However, as stated in the law, if the perpetrator is a member of the bankruptcy office or bankruptcy administration, the penalty for the crime will be double.
The follow-up of the crime is made upon the complaint and the complaint must be made within three months and probably within a year from the day the crime is learned.
The court in charge of this crime is the Executive Criminal Court; the competent court is the court where the crime was committed.
The reasons that will lead to the formation of the crime of obtaining personal benefits in bankruptcy and concordat affairs are stated in the law as follows;
The defendant must provide or promise him a special benefit in order to obtain the consent of the bankruptcy office, bankruptcy administration or the vote or concordat of a creditor or representative at a creditors’ meeting, the creditor or representative must also provide or promise him an interest in this matter.
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