Execution and Bankruptcy Crime – Causing Insolvency Through One’s Own Actions or Knowingly Aggravating the Worse Situation
For the crime of causing insolvency through one’s own actions or knowingly aggravating the worsening situation to occur, the debtor’s actions are defined in the text of execution crimes as follows: the debtor must cause their own insolvency through their own actions by acting negligently in a manner inappropriate for custom, by incurring excessive expenses, by engaging in reckless gambling or imprudent speculation, or by committing gross negligence in their business; or they must aggravate the worsening of their situation through such actions while knowing it.
Furthermore, for the crime of causing insolvency through one’s own actions or knowingly aggravating the worsening situation to occur within the scope of execution crimes, the debtor must have committed these actions “after the request for enforcement through seizure or within two years prior to the request for enforcement through seizure or the request for a moratorium for concordat.”
For the crime of causing one’s own insolvency through one’s own actions or knowingly aggravating the severity of one’s situation to occur, intent is not required; the defendant may cause this crime through negligent conduct. While the defendant does not have the intent to harm the creditor, it is a prerequisite for the creditor to have suffered harm in order to exercise their right to complain.
For the crime of causing one’s own insolvency through one’s own actions or knowingly aggravating the severity of one’s situation, it is a requirement that the creditor possess a certificate of insolvency or prove that they have not been able to collect the debt. If a certificate of insolvency cannot be obtained, if the creditor cannot prove that they have not been able to collect the debt, or if a temporary certificate of insolvency is obtained, the crime of execution will not occur.
The prosecution of the crime of causing one’s own insolvency through one’s own actions or knowingly aggravating the severity of one’s situation is initiated upon complaint. The competent court for execution crimes is the Execution Criminal Court, and the authorized court is the court of the debtor’s residence or the execution court to which the execution office where the execution proceedings are conducted is affiliated.