Criminal Defence in Insolvency Criminal Law
In many corporate insolvencies, managing directors – both current and former – face allegations under insolvency criminal law. This area has long been a focus of my practice. The close connection between insolvency law and criminal law provides numerous opportunities for a strong defence.
Defence in Insolvency Criminal Law
Insolvency files are regularly submitted to the public prosecutor’s offices for review – this often leads to criminal investigations, as the requirements of insolvency criminal law are strict. This is especially true with regard to the obligation to file for insolvency on time.
Defence in Cases of Delayed Filing for Insolvency
Section 15a (4) of the German Insolvency Code (InsO) establishes the criminal liability for so-called delayed filing for insolvency. The factual and legal requirements of this offence are complex.
Bankruptcy Offences
The German Criminal Code (StGB) provides for a number of so-called bankruptcy offences, in particular Section 283 StGB. In times of corporate crisis, the debtor is subject to specific criminal law requirements.
De Facto Managing Directors
Prosecution authorities often seek to extend criminal liability to include so-called de facto managing directors.
Criminal Law Advice in Insolvency Proceedings
Book Your Personal Consultation on Insolvency Criminal Law
If you are confronted with allegations under insolvency criminal law, I am here to help. Do not hesitate to contact me. The sooner we start your defence, the better.
Defence in Insolvency Criminal Law
Defence in insolvency criminal law is challenging – but it also offers many opportunities.
Expertise in Insolvency Criminal Law
I have had a strong focus on insolvency criminal law for many years. In this area, I regularly give lectures and publish articles on current developments.
Individual and Case-Specific Advice
I develop a defence strategy precisely tailored to your case – always with the outcome in sight.
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 Cases 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.
Any Questions Regarding Insolvency Criminal Law?
Should you have any further questions, I am here to assist you.
