Making A False Statement
In order for a debtor to be punished for the offense of making a false statement, the debtor must have provided the requested statement in a manner contrary to the truth, and this statement must have been made by the debtor personally.
For the debtor to be punished under Article 338 of the Enforcement and Bankruptcy Code, the creditor must file a complaint within three months from the date the creditor learned of the offense and, in any case, within one year from the date the offense was committed.
The law provides that if it is determined that a debtor, against whom a certificate of insolvency has been issued, is maintaining a standard of living above the minimum wage without paying the debt, the creditor holding the certificate of insolvency must, within five years from the date the claim was attached to the certificate, and to deposit, within one month of the court decision becoming final and until the debt subject to the certificate of insolvency is fully paid, a portion of the debtor’s income exceeding the minimum wage that is no less than one-fourth of such income, with the creditor required to make these monthly payments to the enforcement office. The law deems failure to do so a criminal offense.
This provision in the law also applies to third parties who make false statements to the extent permitted by law.
Prosecution for the offense of making a false statement is initiated upon complaint, and the complaint must be filed within three months of the offense being discovered and, in any case, within one year.
While the competent court for enforcement offenses is the Enforcement Criminal Court, the court with jurisdiction is the court where the enforcement office conducting the proceedings is located or the court where the debtor’s principal place of business is situated.