Criminal defense for Approbationsentzug & Ruhen der Approbation (BÄO) in Bonn

In brief: Revocation or suspension of the medical licence for unworthiness or unreliability. The sentencing range is Suspension or revocation of the Approbation (§§ 3, 5, 6 BÄO). What matters is the evidence – we assess it after obtaining the case file.

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

Two things matter immediately: say nothing to the police about the allegation – you are never obliged to – and have your defense obtain the investigation file first. In detail: your rights as an accused person, responding to a police summons.

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 assess the evidence, look for procedural errors and negotiate with the prosecution about a discontinuation.

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.