DMS Strafrecht München Standort

Insolvency criminal law

Insolvency criminal law first of all contains the classical statements of facts of delay in filing for insolvency and insolvency. Not uncommonly, there can be overlaps with general commercial criminal law, as in times of a company crisis, allegations of having committed an offence of infidelity or fraud can quickly be made. Quite often there are overlaps with labour criminal law.

The suspicion of having committed an insolvency offence is quickly affirmed by investigating authorities. Often the civil assessment of an insolvency expert is rashly the reason for a criminal accusation. In fact, the criminal interrogation is completely different from the one in civil law. For the criminal accusation it is generally important in which point in time an overindebtness or an inability to pay due debts occurred and particularly when the managing director became aware of it.

Especially within such criminal proceedings it becomes clear that in case of a company crisis preventive counselling should occur at an early stage to counteract the risk of criminal investigations from the beginning; also from the aspect of risks in accordance with criminal law.

„Crisis is this uncertain state when a decision is to make: death or life – yes or no.“
(Kurt Tucholsky)