20 Mar Crime Of Executive and Bankrupcty 4
To Reduce Assets In Order To Damage The Creditor
With the intention of damaging the creditor, it is the crime of decreasing the number of IIK m. 331’da emerges as executive crime.
In order for the material elements of the offender’s offender to be incurred to be incurred by damaging the creditor, the debtor will have to reduce all or part of his possessions from his / her property or by discharging it from the property or by depriving it of its value or by hiding it by chance or by passing it over the pass or by imposing non-essential debts. In addition, the extension within the scope of immovable property should be taken out of the immovable. In this case, enforcement offenses will occur.
In addition, in order for the offender to reduce the amount of his / her debtors, the actions of the debtor, as stated in the text of the law, shall be carried out within two years prior to the bankruptcy claim or the bankruptcy request, if the bankruptcy proceedings or directly in the case of bankruptcy. . It is necessary to have committed crimes committed in the two years preceding the request for concurrence or the delay of bankruptcy, or after a request for concurrence or a request for postponement of bankruptcy.
The Borrower must have made these actions olm ları in order to damage the creditor ’’ and it is necessary for the debtor to have a special intention of these crimes.
It was also mentioned in the law that, in order to create a crime of decreasing the amount of the debtor with the intention of damaging the creditor, the existence of the insolvency clause should be sought or the debtor must have proved that he could not get the receivable. The aforementioned weakness is defined as an insignificant passport, which is defined as an insignificant passport according to ik M.105 / 1 and M.143 ik. Receipt of temporary insolvency is not sufficient for the creation of executive offenses due to the reduction of the amount of the creditor.
The offense is followed up on the complaint and within 3 months of the date of the offense it is necessary to make a complaint within one year.
The execution court for the execution of the offense is the Executive Criminal Court. The competent court for execution offenses is the place where the debtor’s court of settlement or the crime is committed.
The reasons stated in the law as the reasons for executive crimes are as follows; to dispose of the debtor’s property or some of them in order to damage the creditor, he / she should either destroy the value of the creditor or reduce the value of this goods, put the goods into the hands of the real person or the muvazaa, accept the non-original debts and artificially reduce their assets In order to damage the creditor, the attachment must be taken out of the immovable.