Drug Criminal Law

In addition to medical and medical criminal law, pharmaceutical criminal law is also playing an increasingly important role. The so-called drug law regulates the handling as well as the traffic of medicines, so the supply of humans and animals with these is protected.

The term "drug" is initially a broad one. Here, too, the accusations are directed against a broad group of persons and are manifold. The relevant regulations are primarily found in the German Medicines Act, the "AMG". This sanctions the unlawful handling of medicinal products not only with regulations on fines, but also with criminal regulations.

The attorneys of H2W Strafrecht advise and defend all addressees of criminal investigations that are based on the allegation of a violation of the AMG. Among those affected are for example

  • Physicians,
  • pharmacists,
  • physician assistants,
  • Nurses,
  • Healthcare practitioners,
  • Employees and persons in charge of pharmaceutical companies or
  • Employees and responsible persons of wholesalers.

The accusations faced by the professional groups mentioned only as examples are manifold. In the field of pharmaceutical criminal law, the following in particular are punished:

  • Manufacture of medicinal products,
  • Trafficking in medicinal products,
  • Marketing of medicinal products,
  • Dispensing of medicinal products,
  • Application of medicinal products,
  • Falsification of medicinal products,
  • Buying / selling counterfeit medicines,
  • Movement of medicinal products from abroad.

In the case of any (serious) violations, the Criminal Code is also relevant here, so that even in the case of unlawful handling of medicines offenses such as (negligent) bodily injury or (negligent) homicide may be relevant.

The experience of the lawyers of H2W Criminal Law allows us to recognize at an early stage whether the AMG is relevant at all, i.e. whether your specific case is a question of handling drugs in the above sense or whether health risks are imminent or have already materialized.

In many cases, there is generalized talk of drugs on the one hand or medications on the other. Our lawyers will help you to understand the very broad concept of medicinal products. We will show you at an early stage whether it is a case of pharmaceutical criminal law in the narrower sense or whether the Narcotics Act (BtMG) or the Act against Doping in Sports (AntiDopG) may also be relevant. The so-called "New Psychoactive Substances Act" (NpSG) is also becoming increasingly important - this covers the use of "legal highs", i.e. synthetic substances, which can also be sanctioned under criminal law. The demarcation can be decisive in individual cases.

The legal team of H2W Criminal Law will already inform you about possible risks and impending sanctions in the course of a preliminary consultation. Ideally, the initiation of criminal proceedings can already be countered or a (public) trial can be averted. We also advise and defend you competently and comprehensively in the field of pharmaceutical criminal law at all stages of the proceedings. In addition, we also keep an eye on the consequences of any criminal or administrative offence proceedings for the company concerned.

If you have any questions or would like (preliminary) advice, please contact us by e-mail or telephone. We will be happy to advise and defend you.