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Berlin – Contract doctors and medical practices are still not mentioned in the Federal Ministry of Justice’s (BMJ) planned tightening of criminal law to provide better protection against attacks. This is shown by the government draft that the Federal Cabinet launched today.

The fact that the cabinet draft does not contain any changes compared to the draft bill is not entirely unexpected. Federal Justice Minister Marco Buschmann (FDP) and the head of the National Association of Statutory Health Insurance Physicians (KBV) discussed this aspect only on August 21. At the meeting with Gassen, the minister did not promise any changes to the reform plan.

Instead, a survey was agreed upon. The results of this survey are to form the basis for consultations between the Federal Minister of Justice and his state colleagues. The aim is to achieve a uniform approach to effectively protect practices, it was said after the meeting.

The KBV had previously complained that the planned change in the law only guaranteed better protection for the emergency medical service or the emergency room, which provided assistance in the event of accidents, common danger or emergencies. “The planned change in the law does not result in any greater protection for contracted doctors and psychotherapists and their practice teams,” said the KBV. This remains the status quo for the time being.

The background to the initiative from the Federal Ministry of Justice is the increasing number of attacks on rescue workers, emergency services or in emergency rooms. But it is also about better protection for law enforcement officers and people who serve the public good.

“Anyone who puts themselves at the service of our society deserves our special protection. This applies to their job, for example as a rescue worker or police officer, and also to voluntary work, such as involvement in a political party or citizens’ initiative,” Buschmann said today after the cabinet decision.

The penal code will therefore be amended to better criminalise attacks on these groups of people in the future. “We will now also explicitly criminalise coercion of members of a local council or the European Parliament, for example.”

The draft law provides for amendments to the Criminal Code (Criminal Code). To protect people who are committed to the common good – either voluntarily or professionally – the Paragraph 46 paragraph 2 sentence 2 Criminal Code (Principles of Sentencing) should be added.

According to this, when sentencing courts will in future also have to take into account whether the culpable consequences of the offence are likely to have a more than insignificant impact on an activity that serves the common good, it is stated.

Paragraph 113 paragraph 2 Criminal Code (Resistance against law enforcement officers) is to be expanded to protect, for example, police officers, emergency responders from the fire brigade, civil protection services, rescue services, emergency medical services or emergency rooms.

In the future, an act of treacherous robbery will generally be considered a particularly serious case, punishable by a prison sentence of between six months and five years.

An amendment to the law on direct coercion when exercising public power by federal law enforcement officers creates legal certainty with regard to the testing and use of remote electro-impulse devices, also known as electric shock guns or tasers.

In addition, the scope of protection of paragraphs 105 and 106 Criminal Code (Coercion of constitutional bodies, the Federal President and members of a constitutional body) should be extended to the European and local levels.

According to the BMJ, this means that the European Parliament, the European Commission and the Court of Justice of the European Union as well as the representatives of local authorities and their members will also be protected from coercion in the future.

In this context, the jurisdiction of the State Security Chambers is limited to offences under Sections 105 and 106 Criminal Code extended insofar as they are directed against local representatives or their members.

The government draft approved today by the Federal Cabinet will now be forwarded to the Bundesrat for comment and, following a response from the Federal Government, will be forwarded to the Bundestag for discussion there. © may/aerzteblatt.de