Insolvency criminal law
When a company is in crisis, the persons responsible are threatened with various criminal charges and associated liability consequences. Investigation proceedings on account of delay in filing a petition in insolvency are the focus of prosecutorial activities not least because the files of insolvency proceedings are principally submitted to the prosecutor’s office for the investigation of [possible] delayed filing. Other charges such as bankruptcy, embezzlement, fraud, withholding of pay and tax evasion follow frequently. The question at what time over-indebtedness or insolvency – recognizable by the person responsible – existed is normally in the focus of the criminal assessment.
The lawyers of the firm defend managing directors, board members and other persons responsible in the company against the criminal charges brought in the context of a crisis. Here, it may be of particular importance to procure the prosecutor’s office with the background of entrepreneurial decisions and the risk analysis on which they were based. For the avoidance of risks we also advice companies in crisis on the preparation of a reorganization concept and see to it – also in cooperation with colleagues specializing in insolvency law – that criminal consequences are eliminated.