Insolvency criminal law punishes actions that lead to a crisis of the company or those that contribute to the deepening of a crisis in the case of already existing insolvency and/or over-indebtedness. In this context, the question at which point in time an over-indebtedness or insolvency of the company existed, which was also recognisable to the person concerned, is regularly at the centre of the criminal law assessment.
The classic insolvency offences include, in addition to protracted insolvency, the insolvency offences of the Criminal Code, such as bankruptcy (section 283 of the Criminal Code), breach of the duty to keep accounts (section 283b of the Criminal Code), favouring creditors and debtors (sections 283c, 283d of the Criminal Code). Furthermore, typical accompanying offences such as fraud, embezzlement and the withholding and embezzlement of remuneration are the subject of insolvency criminal proceedings.
In particular, managing directors and board members of limited liability companies or joint-stock companies are affected by investigations, but insolvency criminal proceedings can also be directed against external persons who advise the company concerned in the event of a crisis.
Final convictions for intentionally committed insolvency offences pose an enormous risk for those affected, regardless of the sentence imposed, as they can no longer be managing directors for a period of 5 years according to § 6 GmbHG. This also applies to insolvency offences committed abroad.
I represent defendants in criminal proceedings and stand by companies as an advisor in the event of a crisis.