Clifford Chance
Healthcare Newsflash: BGH: Korruptionsdelikte im System der vertragsärztlichen Versorgung nicht anwendbar
3 July 2012
The Grand Senate for Criminal Matters of the German Federal Supreme Court of Justice (Bundesgerichtshof, "Supreme
Court"), in a press release on 22 June 2012, provided clarification on a much disputed issue of German Criminal Law, i.e.
whether private practitioners who treat patients insured by public sick funds are to be considered either public officials
(Amtsträger) or agents (Beauftragte) for the purposes of the German Criminal Code (Sec. 331 et seq. and Sec. 299,
respectively).
To this question, the Supreme Court decided that private practitioners who treat patients insured through the public sick
funds are subject neither to Sec. 331 German Criminal Code (i.e. the prohibition of
bribery of public officials) nor to Sec. 299 of the German Criminal Code (i.e. the
prohibition of commercial bribery).
