For a few years, has taken much relevance the economic criminal law. Crimes such as concealment of assets or criminal bankruptcy are the order of the day. We start with this post a series of posts on the subject.
Punishable insolvency and concealment of assets
In the current crisis there, unfortunately there are people who take advantage of it, acting voluntarily and knowingly to the detriment of its creditors, and could be considered crimes punishable insolvency or concealment of assets.
The punishable insolvency set out in Article 260.1 Penal Code: punishing the debtor is declared bankrupt, when the economic crisis or the insolvency of the company was intentionally caused or aggravated by the debtor or person acting on its behalf. The penalty is imprisonment of 2 a 6 years and a fine of eight to twenty four months.
Namely, requires that the offense has begun processing the request bankruptcy. Also requires deliberate action, the debtor knowingly and voluntarily and that action caused or aggravated by the insolvency of the company in contest.
In this situation, debtors will be inclined to repair the damage to qualify for the extenuating Item 21.5 Criminal Code, to avoid imprisonment.
The concealment of assets set out in Article 257 Penal Code:
Punishable by one to four years and a fine of 12 a 24 months, to which moose with their goods to the detriment of its creditors, or for the same purpose, perform any act of disposal of assets or obligations generator obstruct or impede the effectiveness of a lien or enforcement proceedings or urgency, judicial, the administrative extrajudicial, initiated or predictable initiation.
Unlike punishable insolvency Item 260.1 Penal Code, the crime of concealment of assets does not require the existence of a bankruptcy. The uprising is the physical disappearance of the debtor and its property, but should be interpreted as any act of disposal of the goods themselves, to impair the right of creditors.
To consummate the crime of concealment of assets, simple enough activity, does not require that the debtor has failed to achieve its purpose of harming creditors. In summary, the elements of the offense of concealment of assets are:
1.-The prior existence of a claim against the perpetrator of the offense.
2.-The destruction or concealment of their real or fictitious assets of the debtor.
3.- The insolvent estate or decrease it impossible or difficult for creditors to collect.
4.- The mood of the debtor to defraud his creditors.
Ultimately, if you are in a situation with punishable insolvency or concealment of assets, have the ability to go to court to protect their rights.