- Legal Basis
- §§ 263, 299a, 299b, 300 StGB
- Sentencing Range
- Imprisonment up to 5 yrs (fraud) or 3 yrs (corruption); more in serious cases
- Summary
- Billing fraud and corruption in healthcare with professional-law consequences.
Billing Fraud and Corruption in Healthcare (Sections 263, 299a, 299b StGB) – Overview
Billing fraud (Section 263 StGB) and corruption in healthcare (Sections 299a, 299b StGB) are among the most consequential allegations against doctors. Besides the penalty – up to five years for fraud, up to three years for corruption, and more in particularly serious cases – they threaten the loss of the licence and the Approbation. Defending early and in a coordinated way protects liberty and professional livelihood at once. We act nationwide.
Billing fraud (Section 263 StGB)
Billing fraud means deceiving the SHI association or a private insurer about billing-relevant facts, causing financial loss – for example billing services not rendered or not personally rendered, or breaching the requirement of personal performance. The range is up to five years, and in particularly serious cases (commercial conduct, large-scale loss) six months to ten years. Because individual items add up across quarters, the loss – and the sentence – can rise quickly.
Corruption in healthcare (Sections 299a, 299b StGB)
Since 2016, taking and giving bribes in healthcare are separate offences – for example demanding or accepting an advantage to favour someone unfairly in the prescription of medicines or the referral of patients. The range is up to three years or a fine; in particularly serious cases (Section 300 StGB) three months to five years. Cooperations, referral fees and dealings with pharmacies, medical-supply stores or laboratories are sensitive areas.
The threefold danger – and our defence
One matter regularly triggers three proceedings: the criminal case, withdrawal of the contract-physician licence and revocation of the Approbation, often with disciplinary and chamber proceedings too. We defend from the outset with all of them in view, scrutinise billing allegations and the loss calculation, distinguish lawful cooperation from unlawful inducement, use restitution to mitigate, and safeguard medical confidentiality during searches. In NRW, specialised economic-crime prosecution units and the associations’ anti-misconduct offices (Section 81a SGB V) are typically involved.
This overview is general in nature and cannot replace advice on the individual case. We act nationwide.
Summons or accusation of Abrechnungsbetrug & Korruption im Gesundheitswesen (§§ 263, 299a, 299b StGB)? What matters now
Make no statement to the police at first
As an accused person you are never obliged to comment on the allegation. Anything said to the police can be used against you. Provide statements only through your defense attorney and only after reviewing the case file.
File inspection comes first
A sound defense against the allegation of Abrechnungsbetrug & Korruption im Gesundheitswesen (§§ 263, 299a, 299b StGB) requires knowledge of the investigation file. Only once the available evidence is clear can we decide whether a statement is advisable or whether remaining silent is the better strategy.
Possible discontinuation of proceedings
Not every case ends in a trial. Depending on the evidence and any prior record, the proceedings may be discontinued for lack of sufficient suspicion (§ 170 II StPO), for triviality (§ 153 StPO) or subject to conditions (§ 153a StPO). Often a penalty order without a public trial can be achieved.
Victim-offender mediation and restitution
In many cases, victim-offender mediation or making good the damage (§ 46a StGB) can significantly reduce the sentence or enable a discontinuation. Whether this is advisable in your case is something we assess based on the file.
What we do after reviewing the file
We examine the evidence for reliability and admissibility, look for procedural errors, develop the defense strategy, seek a dismissal of the proceedings through discussions with the public prosecutor’s office and represent you, if necessary, at trial before the Bonn Local Court or Bonn Regional Court.
Available 24/7: +49 228 504 463 36
This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.
What to do now
Act now: Police summons – how to respond, Penalty order – check the deadline
Court: Proceedings at Bonn Local Court
Emergency help: Summons, House search, Detention
Local defense: Criminal defense attorney in Bonn, Cologne, All offences
Why choose BAFTEH Criminal Defense?
- Direct contact with your defense attorney – no intermediaries
- Available around the clock, including nights and weekends
- Fast file inspection and a clear defense strategy
- Focused exclusively on criminal law
- Defense in Bonn, Cologne and the entire region
Written by attorney Philip Bafteh, criminal defense attorney in Bonn. Philip Bafteh publishes regularly on criminal and commercial law and defends accused persons in investigative and trial proceedings.
More about the attorney →Last updated: July 2026
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+49 228 504 463 36