The closer bankruptcy comes, the more likely a debtor is to be held criminally liable, a situation no entrepreneur wants to be in. In additional to the financial pressure, there are often personal disputes within management or with shareholders. In this conflict situation, well-founded, preventative advice is needed to find the line between legal restructuring and illegal bankruptcy offences.
If the company is already financially ruined and bankruptcy proceedings have already been initiated or rejected by the court for lack of sufficient assets, the bankruptcy court is required to inform the public prosecutor's office. This leads to a relatively high frequency of investigations. In addition to the delaying of insolvency proceedings according to section 15a of the Bankruptcy Code and the misappropriation of wages according to section 266a of the Criminal Code, the focus is on bankruptcy and accounting offences. Expertise not just in criminal law, but also commercial and company law is necessary for the differentiation of areas of responsibility. In the key question as to whether and when the company became insolvent or over-indebted, we cooperate with proven tax consultants and accountants as necessary.