Enforcement And Bankruptcy Offense 9
Enforcement and Bankruptcy Offenses – Debtors Who Mislead Authorized Persons in Concordat Proceedings or Fail to Comply with the Conditions of Restructuring through Concordat or Settlement
With the amendment made to this article on enforcement crimes by Law No. 5092 dated 2004, the approval of a restructuring project through settlement by capital companies and cooperatives has been added to the material elements of the crime. Apart from this added element, the other elements of the crime listed in the law are: causing creditors, the commissioner, the interim auditor, or the authorized official to be misled about the financial situation by presenting a false balance sheet or arranging accounts in order to obtain a concordat period or to have a concordat or restructuring project approved, and intentionally causing damage by failing to comply with the conciliation project or the project for the restructuring of capital companies and cooperatives through reconciliation.
For the crime to be established, the debtor must have intentionally caused the damage. This intent is a prerequisite for the crime to be established.
As stated in the text of the law, the prosecution of this crime is subject to complaint. Upon complaint by the interested party, the debtor is punished with imprisonment.
The competent court for these enforcement crimes is also the Enforcement Criminal Court. The competent court is the enforcement criminal court where the prosecution is carried out or the enforcement criminal court where the debtor’s place of business is located.