10 Jul EXECUTION AND BANKRUPTCY OFFENSE 2
Providing Personal Benefits in Bankruptcy and Concordat Cases
According to the provisions of the article, the material elements of the crime of providing personal benefits in bankruptcy and concordat affairs are that a person provides or promises him a special interest to win the approval of the bankruptcy office or administration or the representative of a creditor or creditors’ meeting for a Jul or concordat. As Dec Jul-ture from the text of the article, there is no difference between providing benefits for the occurrence of a crime and promising it.
The perpetrator of the crime of providing personal benefits in bankruptcy and concordat affairs can be any person. This person may be a creditor or debtor, as well as third parties acting on behalf of the debtor. However, as stated in the law, if the perpetrator is a member of the bankruptcy office or the bankruptcy administration, the penalty for the crime will be double.
The prosecution of the crime is carried out on the complaint, and it is necessary that the complaint be made within three months from the day the crime was found out, and, of course, within a year.
The court in charge of this crime is the Executive Criminal Court; the competent court is the court of the place where the crime was committed.
The reasons that will lead to the occurrence of the crime of providing personal benefits in bankruptcy and concordat affairs are stated in the law as follows;
The defendant, bankruptcy, bankruptcy administration, or a creditor or creditors at the meeting of the representative or the game or the creditor, or representative for permission concordat provide a special benefit to him or his interest provide this promise should get a say in this matter.
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