Medical Criminal Law
From its location in Munich, schirach.law is active nationwide in medical criminal law and medical criminal law . Medical criminal law and medical criminal law deserve special mention, because the risks for all players in the healthcare sector are constantly intensifying. Not only doctors, pharmacists, clinics, medical device manufacturers and pharmaceutical companies are affected, but also medical professionals such as physician assistants, nurses, orderlies or MTAs.
Increasing risks in medical criminal law
The increase in risks in medical criminal law and medical criminal law is mainly due to tightening of the legal situation . In particular, the introduction of the Act to Combat Corruption in the Health Care System has attracted a great deal of attention. The law is intended to resolutely counter bribery and corruptibility in the German health care system with the means of criminal law. In addition, the players in the health care system must also comply with constantly changing regulations in social, medical and data protection law.
In addition, the prosecution practice has also massively intensified. In Bavaria alone, for example, three key public prosecution offices (Munich, Nuremberg and Hof) have been set up since 2014 to combat criminal misconduct in the healthcare system, and their responsibilities have been extended to include nursing services.
The complexity of medical criminal law and medical criminal law is based not only on the multitude of regulations to be complied with, but above all on the threatening consequences under professional law. In particular, the revocation of the license to practice medicine can often have more far-reaching personal and economic consequences than the primary criminal sanction. Since the criminal proceedings set the course for professional legal proceedings, advice and defence require above all foresight. It is imperative that the relevant standards of medical and professional law are included in strategic considerations. Regular exchange with representatives of the professional supervisory authorities makes it possible to make a prognosis for the professional proceedings already during the criminal proceedings. schirach.law maintains close cooperation with specialists in the fields of medical, pharmaceutical and medical device law not only in Munich, but throughout Germany. If required, experienced specialist lawyers from the respective fields can therefore be consulted.
In order to minimise criminal and professional risks at an early stage, preventive compliance advice for all players in the health care industry plays an increasingly important role. schirach.law is happy to be a competent contact partner.
Fields of activity
The following allegations are increasingly common in the law relating to physicians and medical crimes:
- Accounting fraud (§ 263 StGB)
- Criminal law relating to medicinal products
- Treatment errors
- Bribery and corruption
- negligent homicide § 222 StGB
- negligent physical injury
- Personal injury § 223 StGB
- Corruption in the health sector (§§ 299a, 299b StGB)
- Pharmaceutical Criminal Law
- Tax evasion (§ 370 AO)
- Misuse of titles (132a StGB)
- failure to provide assistance § 323c StGB
- Infidelity (§ 266 StGB)
- Violation of medical confidentiality (§§ 203, 204 StGB)
- Violations of the German Medicines Act (AMG)
- Violations of the Narcotics Act (BtMG)