Case #0020
I issued every single certificate to the best of my knowledge and conscience. I addressed this at length in my pleadings (see attached pleadings).
The ten certificates for children that ultimately served as the basis for my final conviction under the charge of “false health certificates” were given to mothers after they had described their children’s symptoms to me in detail and convincingly. I admitted from the outset that I had not seen the children myself, on the grounds that this so-called “third-party history” is entirely common in the case of children. Calling the children in for examination would have brought no additional insight and would have led to no different outcome. The “imminent danger” would only have been prolonged, with an even higher probability of harm to the children.
The judge conceded that the witness statements all confirmed that the children had had the symptoms I noted, and that it was also established that the mothers had described them to me in those terms. However, according to the legal interpretation of Section 278 StGB, I would have had to examine the children myself in order to issue a “medical health certificate”.
Note: Section 278 StGB and the requirement of a medical examination derive from a legal case during the “Third Reich”, the Nazi era, in which a doctor was, probably rightly, convicted because he had certified a prostitute as healthy in the sense of being free from venereal diseases without having examined her.Whether mask certificates are even “medical health certificates” within the meaning of Section 278 StGB is also disputed among legal scholars.
The three elements of the offence required by Section 278 StGB (in the version valid until November 2021), all of which must be jointly proven to justify a conviction, are:
“a false certificate concerning the state of health”, “for use before an authority or insurance company”, and “against better knowledge”.Whether schools are to be regarded as authorities is legally disputed.
The certificate was never “false” either, because the state of health described was always the symptoms reported by the patient when wearing a mask. And “against better knowledge” can hardly be proven against any of us doctors who issued mask certificates.Many critical lawyers therefore describe these “verdicts” as “perversion of justice” within the meaning of Section 339 StGB.
The local press (PNP) and the supra-regional press (SZ, Bild, Merkur, etc.), as well as numerous television channels (including BR, ARD, ZDF), in other words the “establishment media” reporting in lockstep, defamed me appallingly in their reports and portrayals.
Only in the “new media” were there numerous positive accounts.
I am deeply grateful to the many supporters who stood by me in solidarity with their encouragement, their letters, prayers, comments under my videos and other support (including financial), and in particular by accompanying me to court hearings.
This carried me beyond my proceedings to this very day, and it inspires me anew each day to continue my commitment to public enlightenment.
The principles of the Hippocratic Oath and the Declaration of Geneva of the World Medical Association, with its passage “I will not use my medical knowledge to violate human rights and civil liberties, even under threat”, guided me in my decision to issue mask exemption certificates.
If I know full well that these masks are utterly pointless when it comes to passive or active protection against respiratory viruses, and on top of that pose a great health risk for the wearer, then as a doctor I must, for the protection of the health of those seeking help from me, issue such a certificate.
I have nothing to regret and would do it again.
This initiative, launched by MWGFD e.V., aims to bring public attention to the unacceptable situation of the doctors persecuted by the state.
Reparations from the state are absolutely necessary.
This includes not only the full rehabilitation of our reputations, damaged by the worst defamation, but also financial compensation for the physical, psychological and not least financial burdens we have endured.
May this initiative make its contribution to that end.
My video appeal to all colleagues asking them to keep their practices open to those seeking help with mask certificates, distributed via the MWGFD channels. Beginning of issuing mask exemptions for patients with symptoms, especially children.
Numerous speaking engagements at demonstrations and events.
As deputy chairman of MWGFD e.V., founded together with Prof. Sucharit Bhakdi and other figures of Corona enlightenment, I authored and recorded numerous pieces of information and videos on various topics and distributed them through our channels.
Issuance of numerous mask certificates (1,096 in total). Some patients came from far away without an appointment. My assistants and I had to put in many extra hours at the practice.
I did not charge anything additional for issuing the certificates because I did not want to exploit my patients’ distress for my own financial gain.
Parallel to this, numerous media reports in daily newspapers and on television channels, with interviews about the mask certificates and my work for MWGFD e.V., mostly defamatory coverage, in particular by my local press, the PNP.
Lengthy, costly criminal proceedings over three instances.
A total of 16 days of hearings (Local Court Passau and Regional Court Passau) over three instances, with two appeals on points of law to the Bavarian Higher Regional Court.
The prosecutor each time demanded a multi-year custodial sentence without probation as well as a professional ban.
First judgment by the Local Court Passau: 5/2022
1 year and 8 months suspended on probation and a fine of 50,000 euros
for 79 alleged cases of “false health certificates” under Section 278 StGB.
Second judgment by the Regional Court Passau, 11/2022
1 year suspended on probation and a fine of 50,000 euros
for the remaining 24 alleged cases of “false health certificates” under Section 278 StGB.
Third, now legally binding judgment by the Regional Court Passau (after two appeals to the Bavarian Higher Regional Court), 11/2023
A fine of 20,000 euros (200 daily fines of 100 euros each) plus court costs
for the remaining 10 alleged cases of “false health certificates” under Section 278 StGB.
Defamatory portrayals of the case in press and television:
The information in this case report comes from the affected person themselves. The editorial team verifies whether a criminal or professional prosecution has taken place; it cannot verify the factual accuracy of every single statement. Responsibility for the correctness of the account lies with the respective author.
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