What is the crime of "Alzamiento de Bienes" (Concealment/"Lifting" of Assets) in Spanish Law?
The crime of concealment of assets covers the following behaviours, among others:
1º.- The ones who conceal their assets to the prejudice of their creditors.
2º.- Whoever, with the same purpose, performs any act of patrimonial disposition or generator of obligations that delays, hinders or prevents the effectiveness of an embargo or an executive or enforcement, judicial, extrajudicial or administrative procedure, initiated or foreseeable initiation. .
3º.- Whoever carries out acts of disposition, contracts obligations that reduce their assets or hides by any means elements of their assets on which the execution could be made effective, in order to avoid the payment of civil responsibilities derived from a crime that was committed or for which they should answer. Currently this crime is defined in articles 257 and following of the Spanish Penal Code and those who carry out fraudulent maneuvers, in most cases with the appearance of a true legal transaction, to prevent their assets from being seized or executed by their creditors are to be punished with prison and a fine. This crime is committed when, for instance, a person sells to another for less than the market price; a person donates goods to another person; a person simulates the sale of a good, and so on.
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