Doctors
Pharmacist
Healthcare facilities
Lawyer for medical criminal law in Munich
Strategic criminal defense and compliance consulting – schirach.law
The law firm schirach.law is based in Munich and operates nationwide in the fields of medical criminal law, medical malpractice law, and pharmaceutical criminal law. Criminal allegations in the healthcare sector regularly involve sensitive issues with considerable legal, economic, and professional risks. In addition to criminal sanctions, there is often the threat of professional disciplinary measures, revocation of licenses, recourse claims, or serious damage to reputation.
This affects not only doctors, dentists, pharmacists, clinics, medical care centers (MVZ), medical device manufacturers, and pharmaceutical companies, but also medical professionals such as medical assistants, nurses, caregivers, and medical-technical assistants (MTA). schirach.law advises and defends clients in all phases of criminal proceedings and takes preventive measures to limit criminal and professional liability risks at an early stage.
Increasing risks in medical criminal law
The risks associated with medical malpractice law and criminal law have increased significantly in recent years. This is due to both stricter legislation and a significant intensification of investigation and prosecution practices.
The law on combating corruption in the healthcare sector, which introduced the criminal offenses of bribery and corruption in the healthcare sector (Sections 299a and 299b of the German Criminal Code), is of central importance. The aim of the legislature is to impose criminal sanctions on economically motivated influence on medical decisions. Even cooperation agreements, remuneration models, or gifts can be relevant under criminal law in certain circumstances.
In addition, healthcare professionals are subject to a wide range of other regulations, including social law, professional law, pharmaceutical law, medical device law, data protection law, and competition law. The complexity of these standards significantly increases the risk of criminal investigations, even in the absence of intent.
Intensified prosecution practices by specialized public prosecutors
Parallel to the legal changes, prosecution practices in medical criminal law have also become significantly stricter. In several federal states—including Bavaria— specialized public prosecutors' offices have been set up that deal exclusively with criminal misconduct in the healthcare sector.
These public prosecutors' offices have special expertise and often work closely with health insurance companies, auditing bodies, and supervisory authorities. Preliminary investigations are therefore regularly extensive, data-intensive, and focused on a comprehensive clarification of the facts at an early stage. This requires an equally specialized and forward-looking defense.
Professional law consequences and licensing risks
The particular sensitivity of medical criminal law lies in the professional law consequences. In addition to fines or prison sentences, measures such as the revocation or suspension of a license to practice medicine, the withdrawal of contract physician approvals, disciplinary sanctions, or entries in professional law registers may be imposed.
The professional consequences for those affected are often more serious, both financially and personally, than the criminal sanctions themselves. Since criminal proceedings regularly set the course for subsequent professional decisions, an integrated defense strategy is required that takes criminal and professional aspects into account from the outset.
schirach.law incorporates relevant medical, social, and professional law standards into its strategic considerations at an early stage and is in regular contact with the relevant licensing and supervisory authorities. We also collaborate with specialized colleagues throughout Germany who are experts in medical, pharmaceutical, and medical device law.
Pharmaceutical criminal law – regulatory risks for companies and responsible persons
Pharmaceutical criminal law places special demands on companies and responsible persons in the pharmaceutical industry. Investigations often concern violations of the German Medicines Act (AMG), the German Advertising of Medicines Act (HWG), or European approval and safety requirements.
Typical allegations in pharmaceutical criminal law include:
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unauthorized marketing or advertising of medicinal products,
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Violations of marketing authorization or pharmacovigilance obligations,
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Incorrect or incomplete documentation of clinical trials,
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criminal cooperation with service providers,
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Violations of organizational and supervisory duties.
schirach.law advises and defends both companies and responsible executives, always taking into account organizational law and compliance issues.
Preventive compliance consulting in healthcare
Preventive compliance consulting is becoming increasingly important in the healthcare sector in order to avoid criminal and professional liability risks. Complex organizational structures, collaborations, and remuneration models in particular harbor considerable criminal liability risks if they are not carefully reviewed and documented.
schirach.law provides support in the following areas:
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the analysis of existing compliance structures,
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the identification of areas of criminal risk,
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the development of practical prevention measures,
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supporting internal audits and internal investigations.
The aim is to identify risks at an early stage and avoid preliminary investigations wherever possible.
Witness assistance and internal investigations
Another focus is on representing witnesses in medical criminal proceedings and in internal investigations. Witnesses are often under considerable pressure and frequently underestimate their own criminal risks.
Based on forensic experience gained in criminal defense, potential risks can be identified at an early stage, statements can be evaluated, and rights to refuse to provide information or testify can be appropriately classified.
Typical charges in medical criminal law and pharmaceutical criminal law
The following allegations arise in particular in medical criminal law, pharmaceutical criminal law, and criminal law relating to doctors:
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Accounting fraud (§ 263 StGB)
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Criminal law relating to medicinal products
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Medical malpractice and criminal allegations against medical practitioners
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Bribery and corruption
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Negligent homicide (Section 222 of the German Criminal Code)
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Negligent bodily injury
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Assault (§ 223 StGB)
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Corruption in the health sector (§§ 299a, 299b StGB)
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Pharmaceutical Criminal Law
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Tax evasion (Section 370 of the German Fiscal Code)
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Misuse of title (Section 132a of the German Criminal Code)
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Failure to render assistance (Section 323c of the German Criminal Code)
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Infidelity (§ 266 StGB)
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Violation of medical confidentiality (§§ 203, 204 StGB)
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Violations of the German Medicines Act (AMG)
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Violations of the Narcotics Act (BtMG)
Law firm in Munich – nationwide representation
schirach.law is based in Munich. However, we provide advice and representation in medical criminal law and pharmaceutical criminal law throughout Germany. Communication can take place in person, by telephone, or via secure digital communication channels. Discretion, professional precision, and a strategy tailored to each individual case are our top priorities.
