Enforcement Crimes Under The Enforcement And Bankruptcy Law, Article 19
Enforcement Crimes Under the Enforcement and Bankruptcy Law
Enforcement crimes are regulated in the Enforcement and Bankruptcy Law. Creditors who cannot collect their receivables from debtors have the right to collect their receivables by force, with the assistance of the state. In order for the compulsory enforcement regulated in the Enforcement and Bankruptcy Law to be effective, the law also imposes certain obligations on the debtor. Penalties are also stipulated under the heading of enforcement crimes if the debtor fails to fulfill these obligations as prescribed by law.
The enforcement crimes listed in the law are as follows:
1- Reducing Assets with the Intent to Cause Loss to the Creditor (Article 331)
2- Causing Insolvency Through One’s Own Actions or Knowingly Aggravating One’s Situation (Art. 332)
3- Obtaining Personal Benefit in Bankruptcy and Conciliation Proceedings (Art. 333)
4- Intentionally Causing Harm to Creditors by Failing to Pay the Debts of a Commercial Enterprise by Those with Management Authority in Commercial Companies (Art. 333/a)
5- Misleading Authorized Persons in Concordat (Art. 334)
6- Removal of Property Subject to the Lessor’s Right of Retention and Occupation of the Premises to be Evacuated by Another Person (Art. 335)
7- Failure to Surrender the Bankrupt’s Property to the Bankruptcy Administration and Failure to Report the Bankrupt’s Claims (Art. 336)
8- Failure to Make a Property Declaration (Art. 337/1)
9- Failure to Deliver the Requested Property, Failure to Be Present When Records Are Kept, Failure to Comply with the Orders of the Bankruptcy Administration (Art. 337/2)
10- Acting Contrary to the Provisions on Cessation of Trade (Art. 337/a)
11- Making a False Declaration (Art. 338)
12- Failure to Report Increases in Assets and Income After Asset Declaration (Art. 339)
13- Breach of Undertaking (Art. 340)
14- Refusal to Surrender Children (Art. 341)
15- Re-entering Real Estate and Ships Delivered by Court Order (Article 342)
16- Resisting Enforcement of Court Decisions (Article 343)
17- Failure to Pay Alimony (Article 344)
18- Failure to File for Bankruptcy of a Capital Company When Required (Article 345/a)
19- Withdrawal from an Auction for Personal Gain (Article 345/b)