Insolvency offences are a focus of criminal investigations in business life already due to the circumstance that, as a general rule, the files of insolvency proceedings must also be presented to the public prosecution department. Such investigations concern, in particular, the general managers and executive board members of limited liability companies and stock corporations while outsiders, who give advice to a company affected by a crisis, may also be under scrutiny during criminal proceedings in insolvency cases.
Apart from the insolvency offences provided for in the German Penal Code (§§ 283 et seq.) and from intentional delays in filing insolvency petitions, these investigations, in general, also look into typical concomitant offences like fraud, breach of trust and the withholding or misappropriation of employee compensation. The centre of attention in evaluating the criminal relevance regularly is on the question of the time at which a company's excess of liabilities over assets or inability to pay its invoices has become visible to the person affected. This law firm is ready to represent alleged offenders in criminal proceedings and is available for giving advice to companies in the event of a crisis.