The Turkish legal system provides strict measures to prevent and punish fraudulent activities in enforcement and bankruptcy proceedings. Crimes regulated under both the Turkish Penal Code (TCK) and the Turkish Execution and Bankruptcy Law (EBL) aim to protect the integrity of financial and legal processes. This article outlines the key crimes associated with enforcement and bankruptcy and the penalties imposed for these violations.
Fraudulent Transfers (Hileli İşlemler):Under Article 331 of the EBL, debtors who transfer or conceal assets to avoid paying creditors commit a crime. This includes fraudulent transfers made before or after the initiation of enforcement proceedings. The goal is to prevent debtors from deliberately reducing their assets to avoid fulfilling their financial obligations.
- Penalty: Individuals found guilty of fraudulent transfers face imprisonment from one to five years and the reversal of fraudulent transactions.
Failure to Disclose Assets (Mal Bildiriminde Bulunmama):Article 337 of the EBL imposes a duty on debtors to provide full disclosure of their assets when required by the enforcement office. Failure to declare assets or deliberately providing false information is a punishable offense.
- Penalty: Those who fail to disclose assets or provide false declarations can face up to three months imprisonment.
Fraudulent Bankruptcy (Hileli İflas):Fraudulent bankruptcy occurs when a debtor deliberately depletes their assets or engages in manipulative financial behavior, such as hiding assets or creating fictitious liabilities, to make it appear they are bankrupt.
- Penalty: Fraudulent bankruptcy is punishable by imprisonment of up to six years under the EBL and the TCK.
Violation of Concordat Agreements (Konkordato İhlali):Debtors and creditors who violate the terms of a court-approved concordat agreement, such as by attempting to claim more than agreed upon or failing to adhere to the restructuring plan, can face legal consequences.
- Penalty: Violations can lead to imprisonment and financial penalties as determined by the court.
Fraud (Dolandırıcılık):Article 157 of the Turkish Penal Code criminalizes general fraud, which includes acts of deception to obtain an unlawful gain. In the context of enforcement and bankruptcy, fraud can involve misrepresentation of assets, fake documentation, or collusion with third parties to deceive creditors or the court.
- Penalty: Fraud is punishable by imprisonment from one to five years and a fine.
Forgery (Resmi Evrakta Sahtecilik):Under Article 204 of the TCK, falsifying documents during enforcement or bankruptcy proceedings, such as altering financial statements or creating false asset declarations, is considered a serious crime.
- Penalty: Those convicted of forgery face imprisonment from two to five years.
Embezzlement (Zimmet):In cases where trustees, administrators, or officers handling the assets of a bankrupt entity misappropriate those assets for personal gain, they may be charged with embezzlement under Article 247 of the TCK.
- Penalty: Embezzlement is punishable by imprisonment of three to seven years, depending on the severity of the crime.
Bankruptcy Fraud (İflas Dolandırıcılığı):A debtor’s attempt to defraud creditors by concealing assets, falsifying financial reports, or committing acts of financial mismanagement to escape debt obligations constitutes bankruptcy fraud.
- Penalty: Depending on the scale of the offense, bankruptcy fraud can result in imprisonment ranging from two to six years.
Paylaş: 