Im Spannungsverhältnis zwischen Kooperation und Korruption im Gesundheitswesen

§§ 299a and 299b StGB are the result of a legitimate legislative concern, but implementation has been deficient.
The protection of legal interests is not consistent, which forces its further development.
Moreover, the uncritical adoption of the results of interpretation of § 299 StGB – although intended by the legislator – is often mistaken. The paper questions this approach and points out solutions.
In order to close existing criminal liability gaps, it is also essential to introduce a constitutionally compliant "violation of duty" variant. Furthermore, a clearing house would offer legal security, especially with the possibility to approve exchange relationships in the healthcare system. Proposals are made for this.