EBL article 340: It is a crime to fail to comply with the "payment undertaking" given in the enforcement office. If the debtor does not pay on the promised date, Prison imprisonment for up to 3 months may be imposed.
Elements of the Crime
- Official commitment to pay in the enforcement office
- Determining the date
- Failure to comply with the date
- Absence of force majeure
Process
- The creditor files a complaint
- Execution court examines
- Debtor makes defense
- Acquittal if force majeure is proven
- Otherwise, imprisonment (up to 3 months)
Force Majeure
- Health problem (report)
- Dismissal (document)
- Bank bankruptcy
- Natural disaster
- Death in the family
Supreme Court 12. HD
12. HD adopts that the breach of commitment will occur when "the exact date has been determined and the debtor has clearly accepted", and that no crime will occur on ambiguous dates.
Features of Repressive Prison
- Repressive prison instead of prison
- Immediate release when the debt is paid
- Explanation of the verdict can be postponed
Practical Recommendations
- Set a realistic date before making a commitment
- If force majeure occurs, immediately notify the creditor
- Decide with the lawyer
Enforcement/criminal lawyer is recommended.