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<p>The Article highlights possible sources of error in criminal proceedings against physicians and shows approaches to a&#xa0;holistic defense. Behavior during a&#xa0;search and seizure is a&#xa0;particularly important practical area of criminal proceedings; in addition, advice is given with regard to statements of the accused and subordinate (practice) personnel in the presence of prosecuting authorities. In view of the decisive importance that is often attached to the medical expert opinion in criminal proceedings against physicians, the influence on the selection of the expert and the formulation of the expert opinion order is discussed as an essential task of the defense. Finally, defense strategies for the (rather rare) case of a&#xa0;main hearing are discussed as well as opportunities and risks of various forms of case resolution.</p>

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Fehlerquellen im Arztstrafverfahren

  • 期刊论文

  • 发表日期：

    2025年2月11日

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  • Michael Lindemann,
  • Thorsten Ebermann

摘要

The Article highlights possible sources of error in criminal proceedings against physicians and shows approaches to a holistic defense. Behavior during a search and seizure is a particularly important practical area of criminal proceedings; in addition, advice is given with regard to statements of the accused and subordinate (practice) personnel in the presence of prosecuting authorities. In view of the decisive importance that is often attached to the medical expert opinion in criminal proceedings against physicians, the influence on the selection of the expert and the formulation of the expert opinion order is discussed as an essential task of the defense. Finally, defense strategies for the (rather rare) case of a main hearing are discussed as well as opportunities and risks of various forms of case resolution.