Enforcement And Bankruptcy Offense 11
Bankruptcy Offenses – Failure to Surrender the Bankrupt’s Assets to the Bankruptcy Administration and Failure to Report the Bankrupt’s Creditors
The offense of failing to surrender the bankrupt’s assets to the bankruptcy administration and failing to report the bankrupt’s creditors may be committed by third parties who hold the bankrupt’s assets or owe debts to the bankrupt. If these persons do not deliver the assets in their possession to the bankruptcy administration or report their debts within one month of learning of the announcement of the bankruptcy, enforcement crimes occur.
Enforcement crimes are prosecuted upon complaint, and the complaint must be filed within three months of the date the crime was learned and, in any case, within one year.
The competent court for the offense of failure to surrender the bankrupt’s assets to the bankruptcy administration and failure to report the bankrupt’s creditors is the Enforcement Criminal Court. However, in the event of an appeal against the penalty order, the High Criminal Court shall be the competent court. The competent courts for enforcement offenses are the Enforcement Criminal Court where the proceedings are conducted or the Enforcement Criminal Court where the debtor’s place of business is located.