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Fraudulent Insolvency


ART.314

ELEMENTS:
1. Offender is a debtor; that is, he has obligations due and payable;
2. Absconds with his property; and
3. Prejudice to his creditors.


Actual prejudice to the creditors is required.

Actual prejudice, not intention alone, is required. Even if the
debtor disposes of his property, unless it is shown that it has
actually prejudiced his creditor, conviction will not lie.
Fraudulent concealment of property is not sufficient if the debtor
has some property with which to satisfy his obligation.

Abscond: does not require that the debtor should depart and
physically conceal his property. Real property could be the
subject matter of Art. 314.

The person prejudiced must be creditor of the offender.

Art 314 - No need to have defendant adjudged bankrupt or insolvent.

Insolvency law - Crime should be committed after the institution of
insolvency proceedings.

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Bigwas

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