[Analysis of preliminary procedures in suits against physicians at the Aachen Public Prosecutor's Office between 1978...

Altogether, 318 preliminary proceedings were initiated against physicians, compared to 2 against nonmedical practitioners. The majority i.e., 192 proceedings, dealt with charges of torture and deprivation of freedom committed against patients under psychiatric treatment. Ninety-nine proceedings were based on negligent bodily injury and negligent homicide and 15 on failure to give medical assistance. Other reasons were given in isolated cases only. The proceedings were mostly initiated against surgeons, psychiatrists, general practitioners, internists, gynecologists, and 2 against nonmedical practitioners (42 because of negligent bodily injury and 48 because of negligent homicide). The charges were dropped in accordance with Section 170,2 StPO in 78 cses, Section 153, 153a and 154 StPO in 7 cases, and there were 7 acquittals and 2 sentences after trial. In the remaining preliminary proceedings, the charges were dropped in 215 cases according to Section 170,2 StPO, and in 2 cases according to Section 153a StPO. Three defendants were sentenced to punishment and 1 received a verdict of not guilty. Thus in most of the preliminary proceedings the charges were dropped.