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.
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