In accordance with the provision of the article, the material elements of the crime of personal benefit in the bankruptcy and concordat work constitute the promise or promise of a person to the bankruptcy office or administration or his representative in the collection of a creditor or creditors or to obtain consent to win the consent of the creditor. As can be seen from the text of the article, there is no difference between the procurement of the benefit and the promise of the crime.
The perpetrator of the crime of personal benefit in bankruptcy and concordat work can be anyone. This may be either a creditor or a debtor, or a third party acting on behalf of the debtor. However, as stated in the law, if the perpetrator is a member of the bankruptcy bureau or the bankruptcy administration, the penalty for the crime will be double.
The prosecution of the offense is made on the complaint and the complaint must be made within three months from the day of the crime and probably within one year.
The court in charge of this offense is the Criminal Court of Execution; the competent court is the place where the crime was committed.
The reasons for the crime of personal benefit in bankruptcy and concordat work are stated in the law as follows;
The accused must give him or her a special benefit in obtaining a vote or consent for the bankruptcy board, bankruptcy administration or the representative of a creditor or a representative in the creditors’ meeting.