Hi ich hätte mal eine Frage. Nehmen wir an 2 Personen treffen sich abends um Drogen zu konsumieren. Einer kackt jedoch so sehr ab, das der andere einen Krankenwagen rufen muss. Würde der Sanitäter bzw. das Krankenhaus dann die Polizei darüber informieren, um vielleicht sogar strafrechtliche Schritte gegen die Personen einzuleiten? Danke!
(1 votes)
Loading...Hallo an alle, Ich habe mir vorhin im Gym beim Latzug den Metallgriff voll übern Schädel gezogen (mit der Geschwindigkeit wie man so einen Zug halt macht). Kann bei solchen Kontakten ein Schaden im Kopf aufkommen oder wie hart müsste der Schaden für dies sein? Danke im Vorraus 🙂
Ich weiß nucht was ich machen soll, er hat das erste mal geraucht und sitzt seid 1 stunde vor dem klodeckel. Er kann zwar antworten geben und reden ist aber voll weg. Hat 10 mal gekotzt. Was kann dagegen helfen. Mithilfe paar kollegen ist seine angst weg bitte schnell antworten
Bei welchem habt ihr bisher Erfahrungen 🙂
In front of the Bundestag or the Bavarian State Chancellery in Munich, or is that not possible because of the ban emails?
No, this falls under the obligation to remain silent in accordance with §203 Criminal Code (StGB). However, doctors are also subject to other professional groups who need a state-controlled training or recognition for the profession or for the management of the profession. This is true for emergency paramedics, as they require an official permission to conduct the profession under §1(1) of the Emergency SanG. Other professional groups used in the rescue service, including rescue agencies, are “work-related assistance” and therefore fall under the obligation to remain silent in accordance with §203 StGB. There is no legal obligation to report or to report. According to §138 StGB, such a upcoming crimes first of all, it must be a crime record (forces to which the legislator threatens a prison sentence of at least one year, a fine or shorter imprisonment is not possible) and secondly, the crime before all must be imminent, so that the advert can still be prevented. This is also the primary purpose of this admissibility, the prevention of the pending crime and only secondary a subsequent criminal prosecution of the perpetrator. Therefore, this obligation does not apply in principle to past crimes, since these can no longer be prevented by the ad. Crimes that have already happened are therefore also subject to confidentiality. It becomes problematic at most when people act aggressively, as the police must be added to their own protection.
Mf
…or when they come to the apartment to provide the collapsing and there’s a kilo of coke on the table.
This is mentioned in your text, because for a kilo of cocaine you will certainly get more than a year imprisonment.
I once realized that someone wanted to go back to his apartment to get his hash for their own needs after the colleagues had carried him out of the apartment because he was collapsing. There was no police communication.
The colleague has quite casual with a “Where we bring you we have better things than hash. You don’t have to react.
No, wrong. Even that, 1 Kg Kokain on the table, would fall under the obligation to silence §203 StGB. Reasons:
1. The property is already present, so it is no longer imminent and therefore cannot be prevented by an ad. However, prevention is the core of the obligation to display. In this case, however, it was no longer a question of prevention, but a purely criminal prosecution of the perpetrator. and
2.) The admissibility applies only to crimes, i.e. crimes to which the Law a prison sentence of at least one year threatens, so fines or shorter prison sentences are not possible. However, this is the case with §29 of the German Drugs Act (BtMG) not applicable. The law, §29 Paragraph 1 BtMG, threatens to hold a prison sentence of up to five years or a fine. The fact that the court would end up sentenced to a sentence of more than one year is irrelevant to the admissibility. It’s all about what punishment the law threatens.
Mf
Correct. Although commercial trade in this quantity can be assumed to be very strong, it cannot be determined with absolute certainty. As you write, it can still be theoretically possible that it is a stock for several years for your own needs. In addition, paragraph 3 also states: “a particularly serious case liesas a rule,if…” “As a rule” means that the final finding of whether paragraph 3 is applied is incumbent on the court and is not clear from the law. These legal units lead to legal uncertainties, since one can never say with 100% certainty whether the obligation to administer §138 StGB now intervenes or not. Mf
Okay.
To your point 2.) I would say that the paragraph (3) applies here
In the case of a kilo of cocaine, it is possible to proceed from commercial trade and certainly endanger the health of more people.
To your point 1.) I would see that you certainly do not own 1 kilo of cocaine. Such quantities are only available if one wants to trade with them and then the crime of acquisition and possession is already completed, but the sale is not yet.
One can say, of course, that he might have made a stock for a few years and is not sure if he wanted to sell it, but that would be very non-realistic.
But these are legal units and I generally agree with your comments.
Mere consumption is not punishable, otherwise there are legal obligation to remain silent, see the comments of Rollerfreake.
If there are no other offences which are not aggressive and which are not minors, there is no reason to include the police.
The paramedics aren’t, unless there’s any problem. But the control station may inform the police about it and then send a patrol either directly with or then to the hospital.
I work in the hospital and have never experienced this, except there was any danger to others’ body and life.
If the paramedics come in and there’s half a kilo of coke on the table, that’s another thing, but because of pure consumption, no police are being told.
It depends of course on the circumstances.
For example, it would be different if minors were involved. or if the police just happen to have a patrol nearby.
I mean, the police have better things to do than to go after every drug offence. But in itself, when using ambulance analysing, there would be an increased chance that a criminal offence would occur, which would also have increased relevance for the police.
Well, if he’s already in the hospital, the police will be less.
In any case, when it comes to minors, parents are informed.
If I were to tell the police at consumption, that’d be about the same.
Hi, this is XYZ from the XYZ Hospital. With us, Mr. A was delivered with an overdose blah”
Police: “Has Mr. A. the other drugs with him?”
I : “No”
Police: “Why do they call us?”
On the other hand, it happens sometimes that the police bring people with an overdose to us who arrested them with drugs and then collapsed. Sometimes because they tried to swallow the drugs. Which is quite stupid in larger quantities.
Although the consumption of drugs or Drugs do not seem to be advisable, so solely by consumption no offence is yet fulfilled. The reason for this lies in the legal principle of impunity with a pure self-harm. The legislator does not consider it his duty to protect an individual from personal damage.
Criminality in connection with drugs and anesthetic agents arises from the paragraphs 29 of the following narcotics law (BtmG). Pure consumption of drugs is not included in the offences of the paragraphs 29 BtMG, but there are criteria to be considered.
https://www.strafrechtsiege.de/straftatbestand-drogenkonsum/
Of course, “a hospital” (who – the attending doctor, the administration, the stones from which it is built?) does not report any alleged offence.
In principle, medical confidentiality is also applicable to law enforcement authorities (public prosecution, police, court).
However, there are exceptions and limits of confidentiality.
Legal disclosure obligations: They apply only in the health police precautions (Infection Protection Act, Act on the Fighting of Gender Diseases), in the case of human rights reporting obligations (birth or death) and in order to prevent planned serious crimes.
This Regulation applies only to:plannedand not on already committed crimes and concerns only serious crimes such as murder, death, genocide, trafficking in human beings, robbery or ruthless extortion.
In Germany, however, there is no medical reporting requirement, as is legally established in other Western European countries. Thus, a doctor, for example, does not have to report shots or stab injuries in the context of crime clarification.
A medical obligation would damage the relationship of trust between the doctor and the patient. At the same time, however, an emergency-treatment physician undertakes to keep silent about a disco racket or drunkenness driver against the police, subject to any judicially arranged seizures, physical investigations or blood sampling.
https://www.aerzteblatt.de/archiv/171722/Arztrecht-Wann-Aerzte-muessen
Happy for you!
No. This is subject to medical confidentiality. This is because otherwise many in such a situation would not call the ambulance for fear of criminal prosecution.
Maybe all.