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CRIMINAL LAW OF THE SOCIALIST AUTONOMOUS ... - Eulex

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33Causing damage to creditorsArticle 107(1) A responsible person in the organization of associated labor that performs businessoperations or any other legal entity that performs such operations, that in spite of knowing theorganization or a legal entity has become insolvent, through the payment of debt or in any otherway puts a particular creditor in a more favorable position, thereby causing considerable damageto other creditors of the organization of associated labor or a legal entity, shall be punished withsix months to three years of imprisonment.(2) A responsible person in the organization of associated labor that performs businessoperations or any other legal entity that performs such operations, that in spite of knowing thatthe organization or a legal entity has become insolvent, and with the intention to deceive or causedamage to the creditors, recognizes a false claim, draws up false contracts or by any otherfraudulent act causes damage to creditors of the organization of associated labor or a legal entity,shall be punished with six months to five years of imprisonment.(3) In a particularly grave case of the act from Para 1 and 2 of this Article, the perpetratorshall be punished with one to ten years of imprisonment.Abuse of authorization in economyArticle 108(1) A responsible person in the organization of associated labor that performs businessoperations or any other legal entity that performs such operations with the intention of acquiringunlawful material gain for the organization of associated labor or a legal entity in which he isemployed, or for another organization or another legal entity:1) creates or holds illegal funds in the country or abroad;2) falsely presents the situation, money flow and the business results byproducing documents with untrue content, false balance sheets, evaluations orthrough the inventory, or with other false presentation or concealment of thefacts, thereby misleading the management authorities in the organization ofassociated labor or any other legal entity while making management policydecisions;3) puts an organization of associated labor or a legal entity into a more favorableposition when obtaining funds or other benefits that would not have beenrecognized pursuant to the effective regulations;4) withholds the funds belonging to the community while performing taskspertaining to the social community;5) utilizes the funds at his disposal contrary to their purpose;6) in any other way severely abuses his authorization pertaining to utilization andmanagement of the public property,shall be punished with six months to five years of imprisonment.(2) In a particularly grave case of the act from Para 1 of this Article, the perpetrator shallbe punished with one to ten years of imprisonment.

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