- Legal Basis
- §§ 3, 5, 6 BÄO
- Sentencing Range
- Suspension or revocation of the Approbation
- Summary
- Revocation or suspension of the medical licence for unworthiness or unreliability.
Revocation and Suspension of the Medical Licence (BÄO) – Overview
Withdrawal of the Approbation is the most severe professional-law measure against a doctor – it ends the ability to practise. Under the Federal Medical Regulation (BÄO) the Approbation is revoked where unworthiness or unreliability arises after the event (Section 5 BÄO), and it may be suspended during pending proceedings or where there are doubts about fitness (Section 6 BÄO). Because revocation usually follows a criminal conviction, coordinating the criminal and the Approbation defence early is decisive.
Revocation and suspension
The Approbation requires, among other things, that the doctor is neither unworthy nor unreliable and is medically fit (Section 3 BÄO). If one of these falls away later, revocation (permanent) or suspension (temporary) may follow. The competent authority is the licensing authority of the respective federal state – in North Rhine-Westphalia (NRW), for example, the relevant district government (Bezirksregierung). Legal recourse lies to the administrative courts.
Unworthiness and unreliability
Unworthiness means that serious misconduct has so damaged the trust essential to the profession that continued practice appears untenable – often following grave offences such as large-scale billing fraud, sexual or violent offences, or serious drug-related misconduct. Unreliability is a forecast: it exists where past conduct offers no assurance of proper future practice. Both are open legal concepts with considerable room for argument.
How we defend
Because the authority relies on the criminal findings, we steer the criminal proceedings towards outcomes that avoid later unworthiness, contest the unworthiness finding and the negative forecast, insist on proportionality and milder means, seek interim protection against a suspension ordered with immediate effect, and keep the prospect of re-issue of the Approbation in view.
This overview is general in nature. Decisive are the Federal Medical Regulation and the decision of the competent licensing authority. We act nationwide.
Summons or accusation of Approbationsentzug & Ruhen der Approbation (BÄO)? 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 Approbationsentzug & Ruhen der Approbation (BÄO) 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
Free Initial Assessment
Have you received a summons or are you under investigation? Call us – the initial assessment by phone is free for up to 10 minutes.
+49 228 504 463 36