The AG Ulm (26.10.10, 3 Cs 37 Js 9933/07, n.rkr.) Two contract physicians for corruption in the trade to § 299 of the Penal Code has condemned. The two GPs had received from the sales representative for a pharmaceutical company checks for a total of nearly 20,000 EUR. This was based on the agreement that the doctors should receive refunds, if the practice achieves a certain minimum drug sales to the pharmaceutical company.
Prosecutors evaluated the actions of the doctors initially as a fraud by omission and requested adoption of a penal order, which also happened. In its appeal, even the doctors were sentenced not only for fraud, but also because of corruption in business dealings in accordance with § 299 para 1 of the Criminal Code to each of a prison sentence of one year on probation and to pay EUR 20,000 for the benefit of charities.
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