Case #0029
Michael B.†
Died on 6 February 2024 – criminal proceedings discontinued posthumously
† February 6, 2024 — died during the persecution
Issuing false health certificates under Section 278 of the German Criminal Code (StGB).
Charge:
36 mask-exemption certificates, issued after personal examination. The indictment claimed that the certificates had been issued “regardless of the examination’s outcome … in misuse of his profession … in gross violation … of the duties connected therewith”.
This account was submitted by Birgit Barden, Michael Barden’s widow, who reported this case to the documentation platform after his death.
My husband Michael personally examined all 36 patients, recorded their symptoms on a structured form, and documented each patient’s attendance with their signature. The certificates were issued on the basis of medical findings – they reflected his medical conviction and the Declaration of Geneva.
The persecution began on 17 September 2020 with a complaint from a local school principal to the Regional Medical Association. On 7 October 2020 the Association followed my husband’s reasoning – personal history-taking and examination of each patient – and dismissed the complaint.
Despite this clarification under professional law, the public prosecutor opened a criminal investigation following a police search for further certificates. The police summons followed on 29 March 2021. As early as 31 December 2020 my husband had voluntarily ended his work under the statutory health insurance system and continued in purely private practice; on 31 March 2021 he gave up the practice premises and continued working from our home.
On 13 February 2022 the Public Prosecutor’s Office in Ravensburg filed charges. In the following months my husband suffered three heart attacks with stent treatment – on 6 and 15 April and on 7 June 2022. On 17 May 2023 he decompensated with a cardiac ejection fraction of only 26 percent.
The main hearing scheduled for 2 October 2023 at Biberach District Court could not be held because of his lawyer’s absence – conflicts about his fitness to stand trial had preceded the date. The judge immediately announced an expert assessment of his fitness to stand trial. My husband pointed out that such an expert would have to be properly qualified in both the psychosomatic and the cardiological field. He did not live to see the assessment summoned.
On 6 February 2024 my husband died of his fourth heart attack – three years after the criminal prosecution had begun. The proceedings were discontinued on 5 March 2024.
He stood by what he had done to the very end. He said repeatedly that, despite all the consequences for his health, he would not take it back. He felt bound by the Declaration of Geneva not to let himself be silenced in his medical work, even under threat.
None
Birgit Barden, widow:
My husband said repeatedly that he stood by what he had done and would not take it back, despite all the consequences for his health. He felt bound by the Declaration of Geneva not to let himself be silenced in his medical work, even under threat.
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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