11.3 The Punishment-and-Procedure

The punishments' ladder: the imprisonment-and-fine grades (the amount-based escalation (the larger losses the heavier sentences — the proportionality's craft)); the restitution's priority (the depositors-and-banks' recovery (the compensation order's craft)); the corporate faces (the company-and-officers' liability (the LAW 504 corporate-criminal companion)). The procedure's craft: the specialised investigation (the NRB's-and-police's interface (the expertise's demand)); the court's jurisdiction (the serious-offences' track); the recovery's parallel (the civil track beside the criminal (Unit 7's interface — the two-track discipline)). The honest essay: the enforcement's record (the high-profile cases' era (the cooperatives-and-finance scandals' lessons)); the genuine- failure-vs-fraud's line (the business risk not the crime — the criminalisation's balance (the exam's critical craft)). Exam Focus Long question: the offences' catalogue (the typology with the punishment's craft — the banker). Short questions: the false collateral; the insider credit; the funds' diversion; the two- track discipline. Trick areas: (i) The Banking Offence Act 2064 is the SPECIAL law (the Criminal Code 2074 the general — the special's priority); (ii) The insider lending = the BAFIA's violation AND (where fraudulent) the criminal offence — the two-track face; (iii) The genuine business failure is NOT the banking offence (the fraud's intent the crime's core — the criminalisation's balance); (iv) The restitution precedes the punishment's satisfaction (the depositors' recovery the priority).