On the occasion of the 15th Düsseldorf Medical Criminal Law Day (15. Düsseldorfer Medizinstrafrechtstag) on November 23 in Düsseldorf, our partner, Dr. Oliver Pragal, had the opportunity to give a lecture on the defense in medical criminal law using procedural means.
The focus of his presentation was on legal violations in the visual inspection procedure pursuant to § 110 StPO, their objection and strategic use. Specifically, it was about:
- Coordination of search terms in IT searches
- Rights to participate in the search
- Permissible duration of the search
- Content evaluation without seizure (instead of mere inspection for evidence relevance)
- Subsequent removal of the suspicion of a crime
- Disregard of the judge’s reservation
- Prohibitions on the use of evidence
- Claims for deletion
Dr. Pragal also dealt with the requirements of § 48 BDSG, which also applies in criminal proceedings in accordance with § 500 (1) StPO. With regard to the seizure and evaluation of databases, mail servers, etc., which contain health data (cf. Art. 9 para. 1 GDPR), the provision places high demands on the necessity (§ 48 para. 1 BDSG) and the protective measures to be observed during data processing (§ 48 para. 1 BDSG).
A final part was devoted to the decision of the Regional Court of Nuremberg-Fürth (decision of 27.05.2022 Ref.: 12 Qs 24/22), according to which the conclusive allegation of billing fraud in the area of contract doctors regularly requires that the contracts and regulations relevant for billing are included in the case-related documents.
Many thanks to Prof. Dr. Frister and Prof. Dr. Martin Stellpflug for the invitation and the law firm Wessing & Partner for the successful reception on the evening before.
