Dr. Pragal had the opportunity to speak at the 24th Spring Conference of the Medical Law Working Group of the German Bar Association (Deutscher AnwaltVerein – DAV) on the topic of “Subjective defense approaches against allegations of billing fraud”.
The focus was on errors regarding the unlawfulness of the enrichment (i.e. the claim for remuneration) – which are basically errors of fact pursuant to Section 16 (1) sentence 1 StGB (German Criminal Code) – which is often misjudged by law enforcement authorities. In other words: The authentic disbelief with which service providers often react to accusations of fraud can actually protect against punishment.
First of all, it is clear in this respect that errors regarding billability are not to be treated in accordance with Section 17 of the German Criminal Code (StGB), but rather as a mistake of fact in accordance with Section 16 (1) sentence 1 StGB. This is an invaluable advantage, as avoidability is not an issue. Moreover, mere knowledge of the facts is not sufficient. An accurate parallel assessment in the lay sphere is required. This is also where effective criminal defence should start.
