Importing Prohibited Substances to Germany: Legal Consequences and Defense

The purpose of the German Medicinal Products Act (AMG) is to ensure the safety of medicinal products. According to Section 2 AMG, medicinal products within the meaning of the law are, in particular, substances that are intended for use in or on the human body and are intended as agents with properties for the cure or alleviation or prevention of human diseases or pathological conditions

In this context, the Medicinal Products Act regulates all aspects of the manufacture, authorisation, registration, monitoring, dispensing, import and export of medicinal products in Germany. Penalties and fines for violating the provisions of the Medicinal Products Act can be found in Sections 95 et seq. AMG. Of particular practical importance is the violation of import and export regulations or the unauthorised introduction of substances. Anyone who brings medicinal products or similar substances into Germany or takes them abroad from Germany is in breach of import and export regulations. Unauthorised importation may already be given if someone orders the substance from abroad to Germany.

It should be noted that even negligent violations of the provisions of the AMG regularly constitute administrative offences that can be punished with fines of up to €25,000. Negligent violations are particularly common when private individuals order products from the Internet that are, for example, labelled as mere dietary or fitness supplements but fall within the scope of the German AMG. In accordance with Section 98 AMG, the items or substances in question can also be confiscated.

The German Anti-Doping Act supplements the Medicinal Products Act and serves to combat the use of doping substances in sport. Which performance-enhancing substances are considered doping substances is listed in the annex to the Anti-Doping Act. According to this, doping agents are anabolic substances such as testosterone and metandienone, as well as peptides and growth hormones. An offence against the Anti-Doping Act is quickly committed when such substances are imported, as the definition of minor quantities in doping within the meaning of Section 2 (3) Anti-Doping Act is extremely strict and the small quantity is very quickly exceeded. Criminal provisions can be found in Section 4 AntiDopG. This provision also defines the criminal liability for the negligent perpetration of a doping offence. Our lawyers advise and support clients on matters relating to doping offences in Germany.

According to the provisions of the German Code of Criminal Procedure (StPO), law enforcement authorities have the power to carry out house searches and searches as well as the confiscation of property from persons suspected of a criminal offence. These offences also include those under the Medicinal Products and Anti-Doping Act. However, the German authorities must adhere to the legal limits when taking such measures. Our criminal defense lawyers provide comprehensive support on matters relating to house searches and searches of business premises in Germany.

In the event of a search, it is first and foremost important for those affected to remain calm and not to offer any resistance. Any statements can be interpreted unfavourably in retrospect and should therefore be avoided completely. It is also sensible to demand that the officers present produce the necessary search warrant. In addition to carefully observing and documenting the actions of the police during the search, it is essential to contact a criminal defense lawyer immediately.

If you have received a summons for questioning as a defendant or if your home has been searched or property confiscated, it is crucial that you exercise your right to remain silent. Even statements intended to prove your innocence can be misinterpreted and used against you. Contact one of our specialised German criminal defense lawyers immediately—before speaking with authorities. Our criminal law practice group has extensive experience with the complex regulations of the German Medicinal Products and Anti-Doping Act. We will develop a strategic defense tailored to your situation, with the goal of securing your acquittal, minimising any potential penalties, or achieving the most favourable outcome possible.