Are You Under Investigation for Delayed Filing for Insolvency?
Have you received a summons for questioning as a suspect from the police or the public prosecutor’s office, accusing you of delayed filing for insolvency under Section 15a InsO or other insolvency offences?
As a specialist lawyer for criminal law, I will advise you in precisely this situation and develop the best possible defence strategy for you.
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Long-Standing Specialisation in Insolvency Criminal Law
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Possible Consequences of Delayed Filing for Insolvency May Include:
- Imprisonment of up to one year or a fine in cases of negligent delayed filing for insolvency.
- Imprisonment of up to three years or a fine in cases of intentional delayed filing for insolvency.
- Inability to act as a managing director of a company (disqualification under Section 6 of the Act on Limited Liability Companies – GmbHG).
Avoid common mistakes and take the right steps:
- Avoid acting too quickly
- Exercise your right to remain silent
- Seek expert legal advice
Let Us Discuss Your Case
As a defendant, you have the right not to comment on the allegations and to remain silent. Avoid making any rash or premature statements. Only after a lawyer has examined the investigation files can the criminal situation be properly assessed. From there, I will develop the best possible solution for you.
The most effective defence strategy must be tailored to each case. In many situations, it is possible to have proceedings discontinued without punishment and without going to trial. If a trial cannot be avoided, I will defend your rights in court and support you throughout the process. I advise you at every stage of the proceedings – from the beginning of the investigation to the appeal proceedings.
Case Studies in Insolvency Criminal Law*
*Please note that these examples are fictional but closely reflect real-life situations.
Craft Business Facing Insolvency
The public prosecutor’s office alleged that my client, as managing director of a long-established craft business, had filed for insolvency too late. Additional allegations concerned unpaid social security contributions. In a detailed submission, it was shown that the state of insolvency had at most been negligently misjudged. In agreement with the public prosecutor’s office, the proceedings were discontinued upon payment of a fine under Section 153 of the German Criminal Code (StGB).
Limited Liability Company (GmbH) in Financial Crisis
The managing director of a construction company (GmbH) was accused of fraud for placing orders for materials shortly before filing for insolvency, which remained unpaid. In a detailed submission, it was shown that he had expected incoming payments from a client and therefore had no intent to defraud. The proceedings were accordingly discontinued.
Asset Transfers During Personal Insolvency
The client was accused of having concealed assets during his personal insolvency. In particular, he was alleged to have sold a flat he owned to a related person. He was also accused of failing to disclose further assets in the course of the insolvency proceedings. Through a detailed submission in the investigation, it was possible to explain the actual background of the asset transfer and to refute the allegations
Effective Criminal Defence for Your Case
If you have already received a summons, legal representation is indispensable. As your lawyer, I will immediately obtain access to the case files on your behalf. Most importantly: do not attend the interrogation, but contact me instead.
Benefit from My Expertise in Insolvency Criminal Law!
Debt and insolvency are uncomfortable issues for any business. For this reason, many entrepreneurs fail to file for insolvency in due time and subsequently face allegations of delayed filing for insolvency. In this context, allegations of further offences are often raised: these may concern so-called bankruptcy offences (Sections 283 et seq. of the German Criminal Code – StGB), the withholding of social security contributions (Section 266a StGB), or breach of trust (Section 266 StGB).
FAQ – Answers to Your Questions about Insolvency Criminal Law
Here you will find answers to some of the most common questions that arise in my practice in the field of insolvency criminal law.
What Are the Most Common Offences in Insolvency Criminal Law?
The central offence is delayed filing for insolvency under Section 15a (4) of the German Insolvency Code (InsO). In addition, Section 283 of the German Criminal Code (StGB) contains several key insolvency offences, in particular the concealment of assets. Fraud allegations are also frequently raised in the context of insolvency.
When Does Delayed Filing for Insolvency Become a Criminal Offence?
Under Section 15a (4) of the German Insolvency Code (InsO), it constitutes a criminal offence if the statutory duty to file for insolvency is not complied with, or if the filing is made too late. This obligation primarily applies to members of a company’s management body, in particular managing directors or board members. As a rule, an insolvency petition must be filed without culpable delay and at the latest within three weeks of the occurrence of insolvency.
What Penalties Can Be Imposed under Insolvency Criminal Law?
The sentencing range for delayed filing for insolvency under Section 15a (4) of the German Insolvency Code (InsO) extends up to three years of imprisonment. However, offences under insolvency criminal law are frequently punished by fines. The decisive factor is always the specific circumstances of the individual case.
What Measures Should Be Taken in the Event of Impending Insolvency to Minimise Criminal Liability Risks?
If a company faces financial difficulties, it is best to obtain insolvency law advice at an early stage. This helps to avoid many criminal law risks, especially by ensuring that the insolvency petition is filed correctly and on time.
What Role Does Accounting Play in Insolvency Criminal Law?
Proper accounting is particularly important when a company is in financial crisis. Breaches of accounting obligations, such as destroying or concealing accounting records, can lead to criminal consequences. Section 283 of the German Criminal Code (StGB) defines these offences.
Can the Misrepresentation of a Company’s Financial Situation Have Criminal Consequences?
Yes, the deliberate misrepresentation of a company’s financial position during a crisis prior to filing for insolvency will often have criminal consequences. This applies in particular where business partners are deceived and suffer losses as a result. Concealing the true economic situation can itself constitute a separate bankruptcy offence.
Are Managing Directors Automatically Criminally Liable in the Event of Insolvency?
The (criminal) liability of managing directors is far-reaching and may also be based on omissions. However, even in insolvency criminal law, there can be no criminal liability without personal culpability. In every case, a breach of specific criminal provisions must be proven.
