Arzt- und MedizinstrafrechtCriminal law relating to physicians and medicine

Criminal law relating to physicians and medicine

Criminal proceedings against physicians are concerned, first of all, with accusations of medical malpractice and fraudulent invoicing but also with crimes that include, e.g., bodily injury and homicide. Increasingly, both physicians and employees of pharmaceutical companies or manufacturers of medical devices come under scrutiny during investigations by public prosecutors under charges of corruption (so-called pharmaceutical marketing).

In addition to criminal prosecution, those affected often face consequences which are even more serious under both civil law and the provisions governing their respective professions, including but not limited to high claims for damages and to the revocation of their licences to practice medicine which is tantamount to a ban from their professions. Criminal defence must consider all these concerns and, in every stage of the proceedings, look for ways of resolving a case while avoiding criminal sanctions since, in most cases, this is the basic condition required for preventing consequences outside criminal law. In the area of sponsoring activities which may be under threat of corruption investigations, it is especially important to provide preliminary consulting with a view to avoiding any circumstances that may become relevant under criminal law.

Medicinal criminal law is affecting, in particular, employees of pharmaceutical companies and manufacturers of medical devices who may face investigations for infringement of the Medicines Act, the Medicament Advertising Act and the Medical Devices Act. Lawyers from this law office are ready to defend those affected by criminal proceedings and will, as necessary, closely cooperate with civil and professional law practitioners or other experts specializing in criminal law related to physicians and medicine.