Questione giuridica chiave
Whether the enforcement authorities must ex officio file a criminal complaint when Verstrickungsbruch is suspected.
Decisione estratta
The enforcement and bankruptcy authorities are not obliged to file a criminal complaint ex officio on suspicion of Verstrickungsbruch; they are merely entitled to do so.
Motivazione estratta
No statutory provision establishes such a duty, and filing a complaint is not a necessary component of the debt-enforcement procedure. The creditor's interests are sufficiently protected because the creditor may file a criminal complaint independently.