Execution and Bankruptcy Crime-Borrower Who Does Not Comply With Reconciliation Restructuring Conditions

With the amendment made to the Law on Law No. 5092 of 2004 on the subject of this enforcement offense, the approval of the project of reconciliation of capital companies and cooperatives through reconciliation was added to the material elements of the crime. Apart from this added element, the other elements of the crime included in the law; to create a balance sheet or to confirm the concordat or restructuring project by showing unrealistic balance sheet or account, creditors about the financial situation, the commissioner of the interim auditor or authorized officer to be mistaken, the concordat project or reconstruction of the capital companies and cooperatives through reconciliation project deliberately causing harm through non-compliance.

In order for the crime to occur, the debtor must have caused the damage intentionally. This caste is essential for the occurrence of the crime.

The follow-up of this offense depends on the complaint as stated in the law. Upon the complaint of the person concerned, the debtor shall be sentenced to imprisonment.

The court in charge of these enforcement offenses is the Executive Criminal Court. The competent court is the criminal court where the proceedings are made or the criminal court where the debtor's transaction center is located.