Following a court ruling by Germany's highest court recognizing that independent medical practitioners do not fall under either the commercial bribery or official bribery provisions, it was decided to amend the relevant legislation.
When adopting the bill "Combating Corruption in the Health Sector", the legislators based their decision on a proposal by the Bundestag's Legal and Consumer Protection Committee.
Bribery in the healthcare sector is now regulated by Section 299a of the German Criminal Code, which criminalizes healthcare professionals who, in the course of their employment, demand, consent to or receive illegal remuneration for giving unjustified preference to bribe-paying companies in domestic or international tenders or in the prescription or procurement of pharmaceuticals. On the other hand, under Section 299b of the Criminal Code, healthcare professionals who demand, consent to or receive unlawful remuneration for giving unjustified preference to bribe-paying companies in domestic or international tenders or in the prescription or procurement of pharmaceuticals are subject to criminal liability.