Baština (Jan 2020)
Causing (fake) bankruptcy
Abstract
The importance of recognizing and regulating bankruptcy institutes was first recognized in England in the sixteenth century. His main aim was to establish a fair relationship between creditors. As a legal institute, bankruptcy is characteristic of a market economy, so its development is related to it. The first part of the paper is devoted to defining the concept of bankruptcy in legislation and in theory. The paper then explains the bankruptcy proceedings and the role of all persons who may appear in the bankruptcy proceedings and who ensure that the bankruptcy proceedings are completed in the best possible way for all creditors. Abuses related to causing bankruptcy and false bankruptcy and defining them in the Criminal Code of the Republic of Serbia are the subject of the next part of the paper. This part of the paper also covers the empirical research of criminal act against the economy (the criminal act of causing bankruptcy and causing false bankruptcy) in the territory of Republic of Serbia over a ten-year period. This section focuses on the number of reported, accused and convicted persons for crimes against economy.
