Federal Finance Minister Christian Lindner (left, FDP) and Federal Justice Minister Marco Buschmann (right, FDP) / image alliance, Michael Kappeler
Berlin – Contract doctors and medical practices will be subject to the planned tightening of criminal law by the Federal Ministry of Justice (BMJ) is not yet mentioned for better protection against attacks. This shows that Government projectwhich the Federal Cabinet launched today.
However, the fact that the cabinet project contains no changes compared to the speaker’s draft is not entirely unexpected. It was only on August 21 that they met Federal JudiciaryMinister Marco Buschmann (FDP) and the head of the National Association of Statutory Health Insurance Physicians (KBV) exchanged views on this aspect. In the meeting with Gassen, the minister did not promise any changes to the reform plan.
Instead, a survey was organised. The results of this should form the basis for consultations between the Federal Minister of Justice and his state colleagues. The aim was to have a uniform approach to effectively protect the practices, it was said after the meeting.
The KBV had previously complained that the planned change in the law would only guarantee better protection for the emergency medical service or emergency room, which provides care in the event of an accident, danger or common need. “The planned change in the law will not result in greater protection for contracted doctors as well as for psychotherapists and their clinical teams,” says the KBV. This is still the status quo for now.
The background to the Federal Ministry of Justice’s initiative is the increasing number of attacks on rescue teams, emergency services or emergency rooms. But it is also about better protection for law enforcement officers and people who serve the common good.
“Those who put themselves at the service of our society deserve our special protection. This applies in the workplace, for example as a first aid worker or police officer, and also in voluntary work, for example when they get involved in a party or citizens’ initiative,” Buschmann said today after the cabinet decision.
The Criminal Code will therefore be adjusted in order to better record attacks on these groups of people under criminal law in the future. “To this end, we will now expressly criminalise coercion of, for example, members of a local council or the European Parliament.”
The bill provides for additions to the Penal Code (StGB) before. To protect people who are committed to the common good – voluntarily or professionally – the Paragraph 46 paragraph 2 sentence 2 StGB (principles of conviction).
Thus, when sentencing in the future, courts must also take into account whether the culpable effects of the offence are likely to have more than just a negligible impact on an activity that serves the common good, as is said.
Paragraph 113 paragraph 2 StGB (Resistance Against Law Enforcement Officers) should be extended to protect law enforcement officers, those providing assistance to firefighters, disaster control, an emergency service, an emergency medical service or an emergency room.
In the future, an act involving a sneak attack will generally be a particularly serious case, punishable by a prison sentence of six months to five years.
An amendment to the law on direct coercion in the exercise of public authority by federal law enforcement officers creates legal certainty with regard to the testing and use of remote electrical impulse devices, also known as electric stun guns or Tasers.
Furthermore, the scope of protection of paragraphs 105 and 106 StGB (The coercion of constitutional bodies, the Federal President and members of a constitutional body) can be extended to include the European and local levels.
According to the BMJ, this means that in future the European Parliament, the European Commission and the Court of Justice of the European Union, as well as popular representatives of local authorities and their members will also be protected from coercion.
In this context, the jurisdiction of the State Protection Chambers is extended to the crimes provided for in paragraphs 105 and 106. StGB expanded to the extent that they are directed against representatives of the local population or its members.
The government proposal approved today by the Federal Cabinet will now be sent to the Bundesrat for comments and, after a counter-declaration by the Federal Government, will be forwarded to the Bundestag for discussion there. © may/aerzteblatt.de