Execution and Bankruptcy Crime – Making False Statements
For a debtor to be punished for the crime of making false statements, they must have made a statement that was contrary to the truth, and this statement must have been made by the debtor themselves.
For the debtor to be punished under Article 338 of the Enforcement and Bankruptcy Law, the creditor must have filed a complaint within three months of learning of the crime, and in any case within one year of the crime being committed.
The law mandates that if a debtor, for whom a certificate of insolvency has been issued, is found to be living above the minimum wage without paying their debt, the creditor holding the certificate of insolvency must deposit at least one-quarter of the debtor’s income exceeding the minimum wage to the enforcement office within five years of the date the certificate of insolvency was issued, and every month until the debt is settled, within one month of the court decision becoming final. Failure to comply is considered a crime.
This provision in the law also applies to third parties who make false statements, to the extent permitted by law.
The prosecution of the crime of making false statements is initiated 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.
While the competent court for enforcement offenses is the Enforcement Criminal Court, the authorized court is the court located where the enforcement office conducting the proceedings is situated, or the court located where the debtor’s place of business is situated.