Kanzlei Verbracken & Partner

Section 263 StGB: fraud allegations in a business crisis

An unpaid invoice does not itself prove fraud. A specific allegation requires careful separation of business failure, personal liability and criminal law.

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What the allegation depends on

Section 263 StGB requires, among other elements, deception, error, financial loss and intent to obtain unlawful enrichment. Statements and circumstances at the time of orders or contracts therefore matter. Later inability to pay does not by itself establish earlier intent.

Criminal defence and assessment of claims

An investigation requires a criminal defence lawyer. Creditors may pursue civil claims in parallel. We help organise financial documents and personal liabilities; the relevant lawyer assesses the legal allegations.

What does this mean for insolvency?

Penalties and civil damages require separate review. In Germany, intentional tort claims can fall within section 302 InsO. Insolvency neither automatically ends an investigation nor removes a criminal fine. International effects require independent assessment.

Sources and legal foundations

Sources checked: 14 September 2026

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