Execution and Bankruptcy Offense – The Debtor Who Mistakes the Authorized Persons in the Concordat Or Does Not Comply with the Restructuring Conditions Through the Concordat or Compromise
With the amendment made to the Law No. 5092 dated 2004 on the subject of these enforcement crimes, Decertification of the restructuring project of capital companies and cooperatives by reconciliation has been added among the material elements of the crime. Apart from this added element, other elements of the crime contained in the law; concordat deadline to certify the balance sheet restructuring or bankruptcy or false achieve the project by showing the account by editing your creditors about your financial situation, the inspector or an authorised officer the wrong period give rise to DEC commissioner, through the Concordat project or capital companies and cooperatives through failure to comply with the reconciliation of the restructuring project is stated as deliberately to cause damage.
For the occurrence of the crime, the debtor must have deliberately caused the damage. This caste is essential for the occurrence of crime.
The prosecution of this crime depends on the complaint, as stated in the text of the law. Upon the complaint of the person concerned, the debtor is punished with imprisonment.
The court in charge of these execution crimes is the Execution Criminal Court. If it is an authorized court, the place where the proceedings are conducted is the enforcement criminal court or the place where the debtor’s processing center is located is the enforcement criminal court
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