Medical criminal law in Germany, also known as physician criminal law, encompasses all criminal matters in the healthcare sector. This includes criminal allegations against doctors, nursing staff, pharmacists, and other medical professionals, as well as operators of clinics and care facilities working in the German healthcare system. Medical professionals carry significant responsibility in their field and are often confronted with criminal charges in Germany. Offenses such as negligent bodily injury, failure to provide assistance, billing fraud, and corruption, as well as allegations of negligent homicide in extreme cases, are common in this context. To avoid self-incrimination through careless statements in such situations and to strengthen your legal position, the support of skilled and committed legal counsel is essential.
Our criminal defense lawyers guide medical professionals facing criminal allegations through all phases of proceedings: from initial consultation upon receiving a summons, through preparation for criminal proceedings, to representation in court. We examine the allegations, develop a defense strategy tailored to your case, and work to secure the best possible outcome.
Possible Consequences of Criminal Proceedings
Criminal proceedings can have far-reaching consequences for those affected. These consequences can extend beyond the criminal sanction itself, such as conviction to a fine or, in extreme cases, imprisonment. Medical criminal law in Germany affects the professional groups in the healthcare sector mentioned above. For doctors, professional regulatory consequences are particularly serious. This includes the possible revocation of medical license (Approbation) pursuant to Section 6 of the Federal Medical Regulations (Bundesärzteordnung). However, other medical professionals also face the threat of license revocation in serious cases.
Reputational damage is another significant concern. In the hectic daily routine of hospital life, errors are not always avoidable. Depending on the severity and publicity of the allegations, criminal proceedings can trigger massive damage to reputation. Beyond the personal aspect, this can also result in significant financial losses.
Our criminal defense lawyers support you in defending against negative reporting or online reviews, including through the deletion of Google search results. The medical criminal law team also represents you in and out of court, responds to allegations as early as possible, and develops a strategy to refute them quickly and achieve dismissal of proceedings.
Medical Criminal Offences
Offenses that are significant in medical criminal law include the following:
- Bodily injury pursuant to Sections 223 et seq. of the German Criminal Code (StGB): These allegations arise particularly in cases of inadequate patient information and treatment errors. This typically involves negligent bodily injury under Section 229 StGB.
- Negligent homicide pursuant to Section 222 StGB
- Failure to provide assistance pursuant to Section 323c StGB: This allegation can arise when a doctor refuses to treat an injured person in an emergency situation, such as a medical emergency or accident, even though such treatment would have been necessary and reasonable.
- Abandonment through violation of a duty of care pursuant to Section 221 StGB
- Billing fraud pursuant to Section 263 StGB: This allegation arises particularly when billing for services not provided or for higher-value services than those actually performed.
- Violations of medical confidentiality pursuant to Section 203 StGB
- Violation of the most personal sphere of life and personal rights through image recordings pursuant to Section 201a StGB: This refers particularly to unauthorized recording or distribution of patient images.
- Unauthorized abortion pursuant to Section 218 StGB
- Bribery and corruption in healthcare pursuant to Sections 299a and 299b StGB: This allegation arises, for example, from preferential prescription of medications for which the doctor receives advantages from the manufacturer.
- Issuing incorrect health certificates pursuant to Section 278 StGB: This includes issuing a so-called “certificate of convenience,” meaning a sick note issued despite the absence of actual illness.
The offenses vary in terms of penalties. Contact a criminal defense lawyer as soon as possible to determine which offenses may be relevant in your case.
Schlun & Elseven: Our Approach in German Medical Criminal Law
Our approach is based on detailed analysis of the facts and circumstances, collaboration with medical experts, and comprehensive knowledge of current case law and relevant legislation.
Fact-Based Defense
We examine the details of your specific case thoroughly to understand all relevant aspects. This includes careful review of employment contracts and existing professional liability insurance. This enables us to prevent proceedings at an early stage and refute allegations before they escalate. Should criminal proceedings nevertheless occur, our criminal defense lawyers develop a tailored defense strategy and work to protect your interests effectively.
Support from Medical Experts
Our medical criminal law team works closely with medical experts from all fields to clarify specific medical questions. This allows evidence to be effectively analyzed and precisely used for defense.
Knowledge of Current Case Law
Medical criminal law in Germany regularly sees new judgments and regulations. Comprehensive knowledge of current German case law is therefore essential to strategically defend our clients.
If you fear the initiation of criminal proceedings in Germany or have already received a summons, do not hesitate to contact us. We stand by your side and work to achieve the best possible outcome.
Frequently Asked Questions on Medical Criminal Law in Germany
Medical criminal law encompasses all criminally relevant matters in the healthcare sector, particularly allegations against doctors, nursing staff, and other medical professionals, as well as operators of clinics and care facilities. Typical offenses include negligent bodily injury, negligent homicide, billing fraud, and corruption in healthcare. A specialized lawyer in medical criminal law understands the intersection between medicine and law, can legally classify complex medical facts, and develop a defense strategy tailored to your case.
As soon as you learn of criminal allegations or investigations against you, you should immediately consult a lawyer. Even if patients file a complaint, the public prosecutor’s office makes contact, or you receive a summons as a suspect, immediate legal advice is essential. A criminal defense lawyer protects against careless statements and safeguards defense rights from the outset.
No, as an accused person you have the right to remain silent. You should not make any statements without prior access to the case files and legal advice. Careless statements can significantly weaken your defense position. The lawyer first reviews the allegations, obtains access to the files, and then develops a well-founded defense strategy.
During a search and possible seizure, you should immediately contact a criminal defense lawyer. The lawyer can review the legality of the measure and, if necessary, file legal remedies against the measures and apply for exclusion of evidence. In such a situation, we advise you to:
- Remain calm,
- Request to see the search warrant and pay attention to the scope of the search,
- Make no statements and avoid self-incrimination in any other way,
- Immediately contact a criminal defense lawyer.
Criminal proceedings can have professional regulatory consequences regardless of whether they result in a conviction. Possible sanctions range from warnings and fines to temporary or permanent revocation of medical license (Approbation). An experienced lawyer in medical criminal law coordinates defense in all parallel proceedings and works to prevent or minimize professional regulatory sanctions.
Yes, in many cases dismissal of proceedings is possible, either with conditions or due to the minor nature of the offense (pursuant to Sections 153, 153a of the German Criminal Procedure Code) or due to lack of sufficient suspicion under Section 170 paragraph 2 of the Criminal Procedure Code. An experienced lawyer can secure dismissal of proceedings through detailed legal arguments. This prevents a public main hearing, protects the doctor’s reputation, and minimizes professional regulatory consequences.
Both civil and criminal proceedings are possible. Criminal proceedings only become relevant if the error leads to bodily injury or death of the patient and the public prosecutor’s office initiates an investigation. However, proceedings for treatment errors often remain purely civil and lead to compensation claims. A lawyer in medical criminal law can precisely determine the boundary between civil liability and criminal responsibility and, if necessary, coordinates both civil and criminal defense of your case.
After a complaint is filed or suspicion arises, the public prosecutor’s office initiates investigation proceedings. This can include measures such as summoning the accused for questioning, witness interviews, obtaining medical expert opinions, searches, and seizures. A lawyer guides you through all procedural steps, reviews the case files, responds to allegations, and develops a defense strategy. The goal is to prevent charges from being filed during the investigation phase.
Practice Group: Our German Criminal Defense Lawyers
Practice Group:
Our German Criminal Defense Lawyers
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