Insolvency criminal law includes offences in relation to StGB [German Criminal Code] (§§ 283 et seq. StGB) and delayed insolvency proceedings (§ 15a Para. 4 InsO). Criminal offences of withholding and misappropriation of wages (§ 226a StGB), fraud (§ 263 StGB) and embezzlement (§ 266 StGB) also figure frequently within company crises.
Insolvencies must be reported to the Public Prosecutor’s Office by the insolvency court. This means that although early preliminary proceedings are often initiated due to suspected insolvency offences, it is however perfectly possible that the investigation proceedings will actually be terminated before the conclusion of insolvency proceedings.