Medical criminal law

A typical subject of criminal proceedings against physicians is the accusation of medical malpractice (Sec 222, 229 StGB) or the so-called submission of false claims (Sec 263 StGB). Investigation proceedings on account of charges of bribery and bribing in the healthcare system (Sec 299a, 299b StGB) have become more important and may also concern cases of cooperation between physicians, pharmacies, hospitals, laboratories, pharmaceutical companies, etc. which were hitherto regarded as unproblematic. Pharmaceutical companies and their employees may, e.g., find themselves exposed to [the accusation of] violations of the Drug Law, the Law on Advertising in the Healthcare System or the Medical Devices Act. Apart from special expertise in criminal law, this also requires the understanding of medical issues as well as the insurance and professional law.

Our lawyers have the respective competences which they have acquired through many years of defense and consulting work and which is proven by a large number of publications (just see Gercke/Leimenstoll/Stirner, Handbuch Medizinstrafrecht, Carl Heymanns Verlag 2020). We defend physicians in criminal investigation proceedings and advise hospitals and other healthcare facilities as well as pharmaceutical companies and manufacturers of medical devices in crisis situations but also preventively for the avoidance of violations. If required, we work closely with law firms specializing in social, medical and professional law.