Germany
Maximilianstr. 280539 München
Germany+49 89 4444 373-20
Kanzlei Verbracken & Partner
Bankruptcy offences and accounting duties
Insolvency is not automatically a crime. Certain actions involving assets and business records can nevertheless create separate criminal risks.
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Sections 283 et seq. StGB
Subject to statutory conditions, insolvency offences include concealing assets, certain uneconomic transactions and misconduct involving books and accounts. Section 283b concerns accounting duties; sections 283c and 283d address favouring creditors and debtors. The offence, timing of the crisis and other requirements need case-specific assessment.
Preserve records and clarify responsibilities
Accounting records, supporting documents and digital data should remain complete. Responsibilities, available information and decision dates matter in reconstructing events. Financial reconstruction and legal defence need coordination.
Effects on personal debt relief
Certain final convictions for insolvency offences can jeopardise discharge under section 290 InsO. This differs from whether a particular claim is excluded under section 302 InsO. We consider both issues when planning next steps.
Your situation deserves a clear next step.
We assess your circumstances personally and involve the appropriate professionals for legal and tax questions.
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