Criminal Law and Procedure Relevant to Enforcement
Core concepts
Know the offences that arise in enforcement: obstruction of enforcement, removal or concealment of seized property, false declarations of assets, and fraud against creditors. Understand criminal procedure basics: the pre-trial phase, the role of the prosecutor, the rights of the accused, and the relationship between criminal and civil proceedings. Master the rules on seizure in criminal proceedings and how they interact with civil enforcement.
Traps
Questions confuse the civil consequence of removing seized property with the criminal offence. Another trap concerns whether a false asset declaration is punishable only when made under warning. Watch for confusion between the prosecutor's discretion and the court's role in authorizing coercive measures.
Rule of thumb
Ask whether the conduct defeats enforcement or merely breaches a civil duty; only the former triggers criminal liability. Always check whether a warning was given before a false declaration becomes an offence.