[Third-party funding and industrial sponsoring]

Due to sensational publications, media-effective proceedings and not least due to personal involvement in many cases the medical profession became aware of the potential criminal significance of third-party funding and industrial sponsoring in hospitals. It started with the so-called Heart-Valve-Affair ("Herzklappenskandal") in 1994. Since then, insecurity prevails which was further nourished by a new series of legal proceedings in spring 2002. Industrial sponsoring has been practised in hospitals for a long time. Research work at universities and colleges would hardly be possible without third-party funding, which is accepted de lege lata according to section sign 25 of the German Hochschulrahmengesetz (framework law on universities and colleges). In view of the course of action of the criminal prosecution authorities the question came up which precautions must be taken with regard to grants by the medical-pharmaceutical industry to avoid consequences from the point of view of criminal law.[nl]There are various facts and circumstances in relation with these benefits, such as providing financing of educational training, payments related to the participation in congresses, speaker's fees, consultancy agreements, clinical tests and application evaluation, provision of equipment and staff as well as providing financing thereof, donations to medical facilities and so-called Fördervereine (supporting associations), benefits for research projects, etc.