Attorney Elger-Günther working on a file at the defence table in her robe, photographed from above.

Practice areas

Insolvency offences

The economic crisis of a company quickly puts the management in a range of criminal risks. An insolvency criminal defense has to move quickly, since unclear asset movements to save the business come into the sights of the public prosecutor.

sections 283 et seq. StGB · section 15a InsO

What it is about

The term insolvency offence covers those offences that protect the assets of the insolvency estate and thus the equal satisfaction of all creditors.

In the narrower sense, these are the acts of bankruptcy (Bankrott, sections 283 to 283d of the Criminal Code, StGB) and the delayed filing for insolvency (Insolvenzverschleppung, section 15a of the Insolvency Code, InsO). In a broader sense, this includes offences typically committed during a corporate crisis to the detriment of the state, creditors and third parties: fraud (section 263 StGB), credit fraud, breach of trust (Untreue, section 266 StGB), withholding and misappropriation of wages, and tax evasion (section 370 of the Tax Code, AO).

How suspicion arises

Suspicion often arises from the insolvency proceedings themselves. If the application for the opening of proceedings is rejected for lack of assets, the insolvency court informs the public prosecutor office. The latter then examines whether there are grounds for an insolvency offence. The civil proceedings are thus frequently the trigger for the criminal proceedings.

In the investigation proceedings, the public prosecutor office regularly resorts to searches, the securing of computer data and the monitoring of telecommunications.

What we do for you

You should not make any statements on the matter to the investigating authorities. If a hearing letter (Anhörungsschreiben) is available or you have been summoned, invoke your right to silence and let us take over the defence before you comment.

Immediate take-over after a search, hearing letter or summons
Inspection of files and processing of accounting and asset movements
Examination of whether insolvency or over-indebtedness actually existed at the assumed time
Coordination of the defence with the insolvency administrator, tax advisor and ongoing civil proceedings
Examination of seizure and asset arrest orders and lodging of legal remedies

A stack of dark file binders without readable labels on a wooden desk.

Arrested or questioned? Call us before you make a statement.

Frequently asked questions

When must I file for insolvency?

Anyone who, as managing director of an insolvent or over-indebted company, does not file the application correctly or in a timely manner is liable to prosecution under section 15a InsO. The law requires the application to be filed without culpable delay, at the latest three weeks after the onset of insolvency and six weeks after the onset of over-indebtedness.

Why is the public prosecutor investigating even though it is only about an insolvency?

If the opening of insolvency proceedings is rejected for lack of assets, the insolvency court informs the public prosecutor office. The office then examines whether there are grounds for an insolvency offence. An investigation therefore does not yet mean a confirmed accusation against you.

What are acts of bankruptcy?

This refers to the acts regulated in sections 283 to 283d StGB, such as the removal of assets during a crisis or violations of the duty to keep proper records. Whether a movement of assets was criminal depends on the timing and the economic situation of the company.

Do I have to comment on the allegations?

No. You are not obliged to make any statements on the matter. If a hearing letter or a summons is received, invoke your right to silence and let us examine the files first.

This information is general in nature and does not replace advice on an individual case.

Guide