Crime Of Execution And Bankruptcy-Failure To Give Bankruptcy Property To The Bankruptcy Administration And Not To Declare Bankruptcy Receivables

The offense of not giving the bankruptcy property to the bankruptcy administration and not declaring the bankruptcy creditors may be committed by third parties that own or hold the bankruptcy property. If these persons do not give their property to the bankruptcy administration or report their debts within one month after they learn of the declaration of bankruptcy, execution offenses occur.

Enforcement proceedings are filed upon a complaint and the complaint must be filed within three months of the day the crime was learned and probably within one year.

The court in charge of not giving the bankruptcy property to the bankruptcy administration and not declaring the bankruptcy creditors is the Executive Criminal Court. However, in case of objection to the criminal decree, the Assize Court will be the court in charge. The competent courts for enforcement offenses are the Criminal Court where the proceedings are made or the Criminal Court where the debtor's processing center is located.