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What is bankruptcy fraud?

Legal analysis: Bankruptcy fraud is one of the most important and common crimes in bankruptcy. It refers to relevant fraudulent acts that should be investigated for criminal liability and are carried out by bankrupts or other participants in bankruptcy proceedings within a certain period before bankruptcy is declared or during bankruptcy proceedings for the purpose of seeking their own interests or the interests of others or harming the interests of creditors. . Regarding bankruptcy fraud, the bankruptcy laws of civil law countries or regions are basically the same as the bankruptcy laws of common law countries or regions. However, the bankruptcy laws of common law systems are accustomed to list the specific manifestations of bankruptcy fraud in detail. Foreign or The common characteristics of the bankruptcy frauds listed in the regional bankruptcy laws are that they all use cunning and deceptive means, or conceal and hide the bankruptcy property; Free transfer for other benefits, etc. The ultimate goal is to reduce the bankruptcy estate and harm the interests of creditors.

Legal basis: "Criminal Law of the People's Republic of China" Article 266 Whoever defrauds public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also be sentenced to or A fine shall be imposed alone; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall also be fined. money or confiscation of property. If this law provides otherwise, the provisions shall prevail.