چکیده:
The proper functioning of trade in today's society, along with investors' trust in traders, is almost impossible without oversight and enforcement guarantees applied by the government. What gives investors hope for investment, which is vital for the economic prosperity of society, is the assurance of preserving capital and preventing it from being wasted by the recipient, and the hope of making a profit by the investor. A trader who collects people's capital based on public trust and conducts commercial activities based on it must be more careful with people's capital than ordinary individuals. In this regard, any transgression or negligence by him or encroachment on people's capital, which the legislator refers to as negligence and ultimately leads to a cessation of debt payment, exposes the trader to criminal conviction for negligent bankruptcy. This article examines various aspects of this type of bankruptcy.
خلاصه ماشینی:
In this context, any transgression or negligence on their part, or encroachment on capital – which the legislator refers to as fault – ultimately leading to a cessation of debt repayment, exposes the trader to criminal conviction for bankruptcy due to fault.
Unlike fraudulent bankruptcy, where the Commercial Code (Article 549) merely criminalizes the act and refers its punishment to the Islamic Penal Code (Article 670), Article 543 of the Commercial Code considers negligent bankruptcy a crime and assigns a penalty of imprisonment from 6 months to 3 years.
Also, the concept of bankruptcy must be clarified so that it becomes clear what type of trader is considered bankrupt in order to be attributed to this title in case of negligence and be subject to criminal prosecution.
35) Chapter Two: Compulsory Bankruptcy Due to Fault According to Article 541 of the Commercial Code, a merchant is declared bankrupt due to fault in the following cases: 1- If it is proven that the personal expenses or household expenses of the person in question have been extraordinary in normal times relative to his/her income.
42) is, but if it is proven that the merchant’s personal and family expenses in normal times are not commensurate with his/her income, in this case the court is obliged to issue a bankruptcy ruling due to the fault of such a merchant.
But The problem that may arise regarding the prescription to refer to general rules is the different nature of the detention under Article 435 of the Commercial Code and the cases of temporary detention under criminal laws, which are issued in the form of security orders.
(
, 
, 
)
