Execution and Bankruptcy Crime – Reducing Your Assets with the Intention of Putting Your Creditor at a Loss
The crime of diminishing the existence of the creditor with the intention of causing loss is FIRST m.it appears as enforcement offenses regulated in 331.
Creditors with the intent of making losses on the assets of the material elements of the crime decrement to occur for all or part of the debtor’s property, the property is removed from or destroyed, or from the value by lowering or passing it on to someone else, or hiding in a genuine way through muvazaa or actual non-profess debts must decrease by artificial means in the context of the immovable or real estate by foreclosure to the outside of the plugin must be removed. In this case, enforcement offenses will occur.
Also the crime of creditors with the intent of making losses of assets decrement to occur for these verbs the borrower, as the law clearly stated in the text, “in the two years prior to this request, or upon request of enforcement”, ”Bankruptcy bankruptcy bankruptcy or directly from the case to pursue the case in the previous two years”, ”Concordat concordat request the postponement of deadline or bankruptcy or bankruptcy in the previous two years after the postponement of the request or demand of the hour “ it is necessary to have committed crimes enforcement.
The debtor must have committed these acts ‘with the aim of putting his creditor at a loss’, and the debtor must also have a special caste of these enforcement offenses in order for the crime to occur.
In the law, it is mentioned that in order for the crime of reducing the creditor’s assets to occur with the intention of causing loss, the condition of the existence of an incapacitated certificate must be sought or the Decedent must prove that he cannot receive what he will receive. The impotent passport mentioned here is IIK M.105/1, and m.according to 143’, it is the incapacitated passport that is defined as the definitive incapacitated passport. Obtaining a temporary incapacity certificate is not sufficient for the formation of enforcement offenses due to the reduction of its existence with the intention of harming the creditor.
The follow-up of the crime is made upon the complaint and it is necessary to make a complaint within 3 months and probably within a year from the day the crime is learned.
The court charged with enforcement offenses is the Enforcement Criminal Court. The competent court for enforcement offenses, on the other hand, is the court of the place of settlement of the debtor or the court of the place where the crime was committed.
Law enforcement are given as reasons for the crimes; the detriment of the creditors of the debtor the goods or hand them out in order to a portion of this property to the detriment of the creditors to destroy or decrease the value, or with the way Surette real muvazaa should get their goods into someone else’s hands, the original, non-reduction by artificial means by accepting the obligations of the assets or immovable within the scope of the pledge the pledge creditor in order to add the plugin to the outside of the possession of real property harm should be removed.
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