"Yushin and partners": only 5% of applications for deliberate bankruptcy lead to the initiation of a criminal case

"Yushin and partners": only 5% of applications for deliberate bankruptcy lead to the initiation of a criminal case


Law enforcement agencies initiate criminal proceedings on applications for deliberate and fictitious bankruptcy in only 5% of cases. Anatoly Yushin, Managing Partner of the Yushin & Partners law firm, spoke about this at the conference "Bankruptcy-2023"organized by Kommersant.

It is about Art. 196 (deliberate bankruptcy) and art. 197 of the Criminal Code of the Russian Federation (fictitious bankruptcy), which provide for punishment of up to seven and six years in prison, respectively.

According to Mr. Yushin, most of the bankruptcy verdicts fall under Art. 196 of the Criminal Code of the Russian Federation - immediately 80%. Another 10% is a punishment for illegal actions in bankruptcy (Article 195 of the Criminal Code of the Russian Federation, up to five years in prison).

Of the total number of criminal cases initiated under economic articles, bankruptcy cases occupy a very small proportion. Most of all, crimes against property (25%) and in the sphere of economic activity (12%) are accounted for.

“An extremely small percentage of such cases of the total number of economic crimes, these bankrupt structures account for less than 1%,” said Anatoly Yushin. clearer. Fictitious bankruptcy is generally extremely rare, and intentional bankruptcy is a little more common, but, as statistics tell us, about 60 such criminal cases have been initiated over 22 years. This, of course, in comparison with other compositions, with the same fraud, is an extremely, extremely rare story.



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