Section 39 – Non-Prosecution in the Event of Insolvency

(1) The prosecuting authority may refrain from prosecuting the corporation if insolvency proceedings have been opened in respect of the assets of the corporation or if a request for the opening of insolvency proceedings has been rejected for lack of assets.

(2) If the public action has already been filed, the court may provisionally suspend the proceedings in any situation at the request of the prosecuting authority.

(3) If the insolvency proceedings is

1. suspended under Section 212 or Section 213 of the Insolvency Statute, or

2. terminated under Section 258 of the Insolvency Statute

and the limitation period has not expired in the meantime, the proceedings may be resumed within three months of the date on which the suspension or termination takes effect.

(4) If the court has suspended the proceedings, a court order shall be required to reopen them.