Enforcement And Bankruptcy Crime 17

Enforcement And Bankruptcy Crime 17

Enforcement and Bankruptcy Offense – Removal of Property Subject to the Lessor’s Right of Retention and Occupation of the Premises by Another Party

Removal of property subject to the lessor’s right of retention and occupation of the premises by another party; As clearly stated in the text of the law, the act of a debtor who steals or hides property on which the lessor has a right of retention and for which a register has been made in accordance with Article 270 of the Enforcement and Bankruptcy Law, and the act of a tenant who causes the premises, which have been ordered to be vacated, to be occupied by another person with the intent to harm the lessor, constitute enforcement crimes.

Prosecution for these enforcement crimes is complaint-based, and a lawsuit is filed on behalf of the perpetrator in the competent Enforcement Criminal Court. The competent court for this crime is the court where the immovable property is located or the court where the crime was committed.

For the crime to occur, the debtor must remove or conceal property subject to a lien held by the lessor, the debtor must remove or conceal property recorded in the debtor’s ledger, and the debtor or a third party must occupy or cause the occupation of the premises to be vacated with the intent to harm the lessor.