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Criminal Code of Kosovo - Legislationline

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Article 286<br />

Causing bankruptcy<br />

1. Whoever, with knowledge <strong>of</strong> excessive indebtedness or current or impending<br />

insolvency engages in one or more <strong>of</strong> the following activities shall be punished with<br />

imprisonment <strong>of</strong> six (6) months to five (5) years:<br />

1.1. conceals or alienates, or, in a manner contrary to regular business standards,<br />

destroys, damages or renders unusable any asset, which in the case <strong>of</strong> institution<br />

<strong>of</strong> insolvency proceedings would belong to the bankrupt estate;<br />

1.2. in a manner contrary to regular business standards, enters into losing or<br />

speculative ventures or futures trading in goods or securities or consumes<br />

excessive sums or becomes indebted through uneconomical expenditures,<br />

gambling or wagering;<br />

1.3. procures goods, services, or credit, undertakes economic activity that creates<br />

excessive debt, concludes or renews unreasonable contracts, fails to collect<br />

outstanding debts, fails to enforce claims in a timely manner and/or disposes <strong>of</strong><br />

goods or services, securities or things produced from these goods substantially<br />

under their value in a manner contrary to regular business standards;<br />

1.4. feigns the existence <strong>of</strong> another's rights or knowingly recognizes fabricated<br />

rights;<br />

1.5. fails to keep books <strong>of</strong> account, which he or she is statutorily obligated to<br />

keep, or keeps or modifies them such that an analysis or audit <strong>of</strong> the net assets is<br />

made more difficult;<br />

1.6. alienates, conceals, destroys or damages books <strong>of</strong> account or other<br />

documentation, with the intent to make an analysis or audit <strong>of</strong> net assets more<br />

difficult, conceal assets or defraud any person;<br />

1.7. diminishes net assets or hides or conceals actual business relationships in any<br />

other manner which is grossly contrary to regular business standards;<br />

1.8. assumes excessive obligations; or<br />

1.9. concludes or renews unreasonable contracts with insolvent entities.<br />

2. The <strong>of</strong>fense in paragraph 1 <strong>of</strong> this Article is punishable only if compulsory liquidation<br />

or bankruptcy proceedings have been initiated.<br />

3. If the <strong>of</strong>fense from paragraph 1 <strong>of</strong> this Article is committed by negligence, the<br />

perpetrator shall be punished by imprisonment <strong>of</strong> up to three (3) years.<br />

150

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