Execution and Bankruptcy Crime – Obtaining Personal Benefit in Bankruptcy and Composition Proceedings
According to the article, the material elements of the crime of obtaining personal benefit in bankruptcy and composition proceedings are constituted by a person providing or promising a special benefit to the bankruptcy office or administration, or to a creditor or their representative in a creditors’ meeting, in order to gain their vote or consent to the composition. As can be understood from the text of the article, there is no difference between providing a benefit and promising one for the crime to occur.
The perpetrator of the crime of obtaining personal benefit in bankruptcy and composition proceedings can be any person. This person can be a creditor or debtor, or a third party acting on behalf of the debtor. However, as stated in the law, if the perpetrator is a member of the bankruptcy office or bankruptcy administration, the penalty for the crime will be doubled.
The crime is prosecuted upon complaint, and the complaint must be made within three months from the date the crime is learned, and in any case within one year.
The court responsible for this crime is the Execution Criminal Court; the competent court is the court of the place where the crime was committed.
The reasons that would constitute the crime of obtaining personal gain in bankruptcy and concordat proceedings are specified in the law as follows:
The defendant must provide or promise a special benefit to the bankruptcy estate, the bankruptcy administration, or a creditor or their representative at a creditors’ meeting in order to obtain their vote or concordat approval; the creditor or representative must also provide or promise a benefit to the defendant.