Enforcement And Bankruptcy Crime 15

Enforcement And Bankruptcy Crime 15

Enforcement and Bankruptcy Offense – Violation of the Provisions on Cessation of Business

For the offense of violating the provisions on cessation of business, the debtor must be a merchant. Furthermore, this merchant debtor must have failed to comply with the provisions of Article 44 of the Enforcement and Bankruptcy Law by not reporting the abandonment of trade to the trade registry or by not submitting any property declaration or submitting an incomplete property declaration. However, the law does not consider these actions alone sufficient for the debtor merchant to be guilty of an enforcement crime; it also requires that the creditor suffer damage as a result of these actions.

Since the offense of acting contrary to the provisions on abandoning business is a complaint-based offense, the creditor’s complaint is naturally important for the prosecution of enforcement offenses.

The competent court for enforcement offenses is the Enforcement Criminal Court, and the court with jurisdiction is the court where the debtor’s place of business is located or the court where the enforcement office conducting the enforcement proceedings is located.