The Crime of Execution and Bankruptcy- The Inability to Request the Bankruptcy of the Capital Company
Persons authorized to manage and represent the company or liquidators IIK m. according to the regulation contained in 179, they are punished for the crime of not requesting the bankruptcy of the capital company by informing the reason why the company’s presence is not enough to cover its debts.
In order for the capital company to be november of not requesting bankruptcy, the persons authorized to represent and manage the company or cooperative must have the intention or defect of not requesting bankruptcy of the company or cooperative. And, of course, the presence of the company or cooperative should not be enough to cover its debts. If these conditions are not met, it will not be possible for the persons authorized to administer and represent to be punished in terms of enforcement offenses.
Since the prosecution of the crime of not requesting the bankruptcy of the capital company also depends on the complaint, creditors are required to file a complaint within three months and, probably, within a year from the day they find out that the crime has been committed. The complainant must be one of the company’s creditors only, therefore, the court in charge must determine whether the complainant is a creditor from the company.
The court charged with looking into the crime is the Executive Criminal Court. The authorized court is the court where the company’s transaction center is located or the court where the enforcement directorate where the follow-up is conducted is located.
