Vertragsärztlicher Abrechnungsbetrug

Combining legal dogmatic and empiric approaches, this dissertation investigates the phenomenology of fraud committed by physicians according to§ 263 StGB from various perspectives. The thesis explores the influence of the "Fehlverhaltensbekämpfungsstelle" (Anti-Fraud Agency; § 81a SGB V) on the effectiveness of criminal prosecution, addresses-specific cases of this criminal offence and expands on the accessoriness of the objective element "Vermögensschaden" (pecuniary loss) in social law. The exploration of legal sensibility on the part of physicians with respect to fraud, as well as criminological investigations of the factors leading to delinquency and the development of various approaches to its prevention also form part of the work. The author substantiates her statements by presenting the results of two empirical studies: an analysis of data on the handling of suspicious cases by the "Fehlverhaltensbekämpfungsstelle" (Anti-Fraud Agency) and a survey of physicians.