2. Selling, mortgaging, appropriating or disposing in some other manner of one’s
funds to which another person has acquired the rights of such a nature that this
action is not compatible with that person’s rights.
3. Taking any action, after one’s estate has been put into liquidation or [while
having a licence for financial restructuring or entering into a composition without
prior bankruptcy proceedings], that is designed to avoid having the assets or claims
of the estate being available for the benefit of its creditors.
4. Abridging the right of a creditor to obtain satisfaction in one’s assets by giving
false information, making away with assets, making pro forma deeds, giving
inappropriately lavish gifts or spending lavishly, selling assets for incongruously
low prices, paying, or ensuring the payment of, claims that are not due for payment,
or paying or ensuring the payment of relatively high claims that are due, incurring
new debts so as to weaken one’s financial position or other similar measures.
Where an offence listed in item 4 above is committed in order to serve the
interests of one creditor to the detriment of others, that creditor shall only be
punished if he or she had the debtor give him or her favourable treatment at a time
when the creditor saw that bankruptcy or financial restructuring was imminent.
Where an offence as described in item 4 above is committed without any
particular secured right being abridged or without a subsequent unsuccessful
enforcement measure, bankruptcy proceedings or negotiations on composition
without bankruptcy proceedings, court proceedings shall only be brought if the
injured party so demands.
1)
1)
L. 21/1991, 182. gr.
Art. 251 Any person who obtains money from a person by threatening to use, or
by using, violence against the person or the person’s close relatives, depriving the
person or the person’s relatives of freedom or making false allegations about
criminal or shameful conduct on the part of the person or of the person’s relatives,
or other allegations, even if they are true, if the compulsion involved is not
sufficiently justified in terms of the matter giving occasion for the threat or, finally,
threatening to cause substantial damage to, or destruction of the person’s property,
shall be punished by up to 6 years’ imprisonment.
Art. 252 Anyone who, by using physical violence or the threat of using it
immediately, takes money or other valuables from a person or forces the person to
relinquish them, conceals an item that is being stolen, or forces someone to do
something or not to do something which results in financial loss for that person or
others, shall be imprisoned for not less than 6 months and for up to 10 years. Where
the robbery is accompanied by great danger, punishment may take the form of up to
16 years’ imprisonment.