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Die Auswirkungen einer erfolgreichen Insolvenzanfechtung auf das Strafverfahren

German, Anna Rückel, 2017
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Product details

According to the case law of the Federal Court of Justice, fines and monetary penalties in favor of the state treasury (§ 153 a para. 1 sentence 2 no. 2 alternative 2 StPO) can be challenged by the insolvency administrator. The author explains why it is not possible to continue the criminal proceedings after repayment to the insolvency estate in the case of fines, monetary penalties, and monetary conditions of probation (for example, through the enforcement of a substitute imprisonment in insolvency, revocation of the suspension of the sentence, and further payment from non-seizable assets). The insolvency challenge of monetary conditions for dismissal or probation can be circumvented by the public prosecutor's office and the court by resorting to other conditions and directives that do not involve payment. The author demonstrates that there are no alternatives to fines.

Key specifications

Language
German
Author
Anna Rückel
Year
2017
Number of pages
289
Book cover
Paperback

General information

Item number
9681068
Publisher
Peter Lang
Category
Reference books
Release date
19.9.2018

Book properties

Language
German
Author
Anna Rückel
Year
2017
Number of pages
289
Book cover
Paperback

Voluntary climate contribution

CO₂ emissions
0,5 kg
Climate contribution
EUR 0,12

Legal Notice

Product Safety

14-day cancellation right
30-day right of return if unopened
24 Months statutory warranty
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