Legislator Case Law & Legislation
II K 295/16 AI generated

Court convicts defendant of bankruptcy fraud for hiding assets from creditors and imposes suspended sentence.

Case Number II K 295/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of bankruptcy fraud for concealing joint property from a creditor during insolvency proceedings. The prosecution argued that dividing the property to transfer it solely to the wife constituted an obstruction of debt satisfaction. The court upheld the conviction, finding the defendant's actions met the statutory elements of the crime and imposed a suspended prison term with mandatory work obligations.

Legislator headnote

AI generated

Art. 300 § 1 kk; Art. 69 § 1, § 2 kk; Art. 70 § 1 kk; Art. 72 § 1 pkt 4 kk; Art. 46 § 1 kk: Dividing joint property to transfer it exclusively to a spouse while facing insolvency constitutes bankruptcy fraud, warranting a suspended sentence and restitution.

Keywords

AI generated
bankruptcy fraud obstruction of creditors joint property division insolvency proceedings suspended sentence mandatory work civil liability

Cited Legislation

AI generated
Art. 300 § 1 kk
Art. 69 § 1 kk
Art. 69 § 2 kk
Art. 70 § 1 kk
Art. 72 § 1 pkt 4 kk
Art. 46 § 1 kk

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