The operative part of uniformity decision no. 6/2018 BJE

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I. In case of an offence of bankruptcy fraud violating section 404 subsections (1) or (2) of the Criminal Code, the injured party is the economic operator falling under the scope of the Act on Bankruptcy and Liquidation Procedure
- whose assets are, in a situation of insolvency or threat of insolvency, actually or pretendedly reduced by the perpetrator by committing one of the conducts specified in section 404 subsection (1) a/ or b/ or c/ of the Criminal Code, and the satisfaction of whose creditors’ claims is thereby partly or fully prevented by the perpetrator; or
- who has rendered itself, actually or pretendedly, insolvent by committing a conduct specified in section 404 subsection (1) a/ or b/ or c/ of the Criminal Code and who has thereby, partly or fully, prevented the satisfaction of its creditors’ claims.

II. In case of an offence of bankruptcy fraud violating section 404 subsection (4) of the Criminal Code, the injured party is the economic operator falling under the scope of the Act on Bankruptcy and Liquidation Procedure whose creditor is given preference, following the issuance of the liquidation order for the economic operator, by the perpetrator by violating the order of satisfaction specified in the Act on Bankruptcy and Liquidation Procedure for creditors’ claims.

III. In criminal proceedings instituted for an offence of bankruptcy fraud violating section 404 subsections (1), (2) or (4) of the Criminal Code, the creditor of the economic operator falling under the scope of the Act on Bankruptcy and Liquidation Procedure is not an injured party, therefore such a creditor cannot enforce a civil claim as a private party and cannot act as substitute private prosecutor, either.