Criminal law relating to pharmacies and pharmaceutical organisations

The operation of a pharmacy is seamed with considerable criminal risks considering the prevailing legal frameworks. Resulting from the drug or pharmaceutical law two particular types of risks arise.

On the one hand the production and sales of pharmaceuticals are subject to strict regulations due to reasons of health protection which to large extent may lead to impositions of sentences and fines. On the other hand legal specifications concerning the settlements of pharmaceutical deliveries to members of the compulsory health insurance change at a dizzying speed due to the hectic activities within health politics. Mistakes made at this point can quickly lead to fraud accusations and end with a corresponding preliminary investigation by public prosecution.

In the recent past the production of extemporaneous mixtures as well as the import of manufactured Pharmaceuticals from abroad and settlements with compulsory health insurances has particularly proven to be profoundly fraught with risk. In certain constellations reproaches to fraud, imposed in this context, receive a special explosiveness due to jurisdictions not seeing the criminal damage as the difference between the billed and the legally applicable price but rather as the complete collected settlement price. Under this directive respective resource claims imposed by the health insurance organizations, additionally stressing a criminal procedure, can quickly become existence-threatening. It has to be further taken into consideration that in case of a conviction due to submission of false claims, even a “moderate” sentence might lead to the loss of the pharmacy operating license as well as the loss of the medical license.

One of the focal points of our work is the medical criminal law. ECKSTEIN & KOLLEGEN consult and defend pharmacists within all stages of the criminal procedure; furthermore we are involved with the criminal preventive consulting of pharmacists. We possess a network of colleagues who are specialists within the fields of pharmaceutical-, occupational- and accounting law and who can, if required, be included into our team in order to guarantee and optimal consult and defence. We further already collaborate trustfully with colleagues of this specialization.