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- Title
Fälschung einer Impfbescheinigung als „Allgemeindelikt".
- Abstract
The article reports on a verdict in a case of forged vaccination certificates. A doctor was acquitted because he was forced to issue more prescriptions than his colleagues due to a coincidental accumulation of certain diagnoses. It is stated that the increased number of diagnoses should not be limited to specific indication groups. The article also mentions another verdict in which a pharmaceutical-technical assistant issued digital vaccination certificates even though the individuals had not received the corresponding vaccination. The present text is about the case of a defendant and a co-defendant who forged digital vaccination certificates and sold them on the darknet. The defendant offered the forged proof of vaccination in a darknet forum and forwarded the buyers' data to the co-defendant, who entered it into the pharmacy computer system and transmitted it to the RKI (Robert Koch Institute). The two defendants produced a total of 185 digital vaccination certificates. Later, they changed their approach to minimize the risk of detection and used remote access software to produce the certificates outside of the pharmacy's opening hours. In total, 885 digital vaccination certificates were forged. Furthermore, the text also mentions a previous case in which the defendant submitted forged certificates to obtain a position as a media designer. This resulted in damages of €32,987.50 for the company. The verdict in this case has been partially overturned and needs to be reviewed. The text deals with the interpretation of § 75a IfSG a. F. (Infection Protection Act) as a general offense. It is argued that the reference to § 22 (5) IfSG a. F. does not limit the potential circle of perpetrators and therefore should also include professional assistants and forgery gangs. The purpose and intent of the Infection Protection Act also support an interpretation as a general offense. However, the simultaneous conviction for forgery of technical records is considered legally untenable. The present text is about a decision of the Federal Court of Justice (BGH) regarding a conviction for forgery of technical records and fraud. The BGH overturns the conviction due to legal errors and states that the change of BIOS settings and the installation of remote access software only created the conditions for issuing digital vaccination certificates outside of the pharmacy's opening hours, but did not influence the actual technical record. However, the BGH confirms the conviction for forgery of evidence-relevant data and fraud in other cases. The decision also concerns a permit to practice dentistry and states that it can be granted until the conclusion of the proceedings on the reissuance of the license if a positive prognosis exists.
- Subjects
DIGITAL certificates; VACCINE passports; COMPUTER systems; LEGAL judgments; FRAUD
- Publication
GesR: Gesundheitsrecht, 2024, Vol 23, Issue 5, p325
- ISSN
1610-1197
- Publication type
Article
- DOI
10.9785/gesr-2024-230519