Zur Übertragbarkeit des zivilrechtlichen Überschuldungsbegriffs in das Strafrecht

With the increase in company bankruptcies directors and general managers of troubled companies have come into the sights of prosecuting authorities. It is already practically impossible in fact to draw a line between punishable behaviour and entrepreneurial errors of judgment. This applies in particular to the risks of penalties in and for causing absolute insolvency, as ascertaining this is linked with many valuation uncertainties and forecast risks. The aim of this work is to come closer to a clarification of the definition of absolute insolvency under the criminal law.


Dorothée Stracke, Baker & McKenzie LLP, Frankfurt am Main.