Althoff H, Solbach T
Z Rechtsmed. 1984;93(4):273-82. doi: 10.1007/BF00198653.
Altogether, 318 preliminary proceedings were initiated against physicians, compared to 2 against nonmedical practitioners. The majority i.e., 192 proceedings, dealt with charges of torture and deprivation of freedom committed against patients under psychiatric treatment. Ninety-nine proceedings were based on negligent bodily injury and negligent homicide and 15 on failure to give medical assistance. Other reasons were given in isolated cases only. The proceedings were mostly initiated against surgeons, psychiatrists, general practitioners, internists, gynecologists, and 2 against nonmedical practitioners (42 because of negligent bodily injury and 48 because of negligent homicide). The charges were dropped in accordance with Section 170,2 StPO in 78 cses, Section 153, 153a and 154 StPO in 7 cases, and there were 7 acquittals and 2 sentences after trial. In the remaining preliminary proceedings, the charges were dropped in 215 cases according to Section 170,2 StPO, and in 2 cases according to Section 153a StPO. Three defendants were sentenced to punishment and 1 received a verdict of not guilty. Thus in most of the preliminary proceedings the charges were dropped.
总计对医生提起了318起初步诉讼程序，相比之下，对非医学从业者提起的诉讼程序为2起。其中大多数，即192起诉讼程序，涉及对接受精神治疗的患者实施酷刑和剥夺自由的指控。99起诉讼程序基于过失身体伤害和过失杀人，15起基于未能提供医疗救助。其他原因仅在个别案例中提及。诉讼程序大多针对外科医生、精神科医生、全科医生、内科医生、妇科医生提起，还有2起针对非医学从业者（42起因过失身体伤害，48起因过失杀人）。根据《刑事诉讼法》第170条第2款，78起案件的指控被撤销；根据《刑事诉讼法》第153条、第153a条和第154条，7起案件的指控被撤销；审判后有7起无罪判决和2起判刑。在其余的初步诉讼程序中，根据《刑事诉讼法》第170条第2款，215起案件的指控被撤销，根据《刑事诉讼法》第153a条，2起案件的指控被撤销。3名被告被判刑，1名被告被宣判无罪。因此，在大多数初步诉讼程序中，指控被撤销。
