Background

Dr Andreas Sönnichsen, a German national, was employed as a teaching and research professor at the university hospital in Vienna from 2018 up to end of 2021 when he was fired from his position because of his fierce criticism of Corona vaccination policy. [1]

He was accused of having issued digital certificates for provisional vaccination incapacity against payment of 20 euros, although he was not authorized to do so. [1]

The Medical Association had seen the general practitioner’s actions as a violation of the Medical Act and reported this to the public prosecutor’s office. In the court hearing, he was accused of his opinions being issued via the internet without having conscientiously examined the patients in advance. [1]

He was also accused by defenders of the government and Corona policy Corona policy of being a “Schwurbler” (indiscriminate conspiracy theorist, lateral thinker etc). [1]

Significance

First legal case in Austria of a medical doctor found innocent of issuing vaccine exemption certificates.

Plaintiff’s (State Prosecutor’s) Argument

Dr Sönnlichen was further accused of issuing his expert opinions via the Internet without having conscientiously examined the patients beforehand. [1]

Sönnichsen protested his innocence in the trial. The judge could not recognize any subjective facts and no intent to enrich. [1]

Via his lawyer, Dr Sönnichsen argued [2] that he:

“…never committed fraud or abused his powers.” further stating that: “It is legal, that if people are afraid of having an allergic reaction to an untested vaccine, to issue them with a certificate [of vaccination exemption] up until the time that the ingredients and effects of this vaccine are clarified.”

Relevant Prior Judgements/ Cases

A similar case was held in Germany where entrepreneur Markus Bönig was on trial for brokering “vaccination certificates” for a fee. [3]

in the view of the Lüneburg Regional Court, the vaccination certificate is not a health certificate at all, because it does not certify an individual state of health. “The ‘certificate’ is also not incorrect, since the statement made in it that no examination had taken place corresponds to the truth,” the court said. The extent to which the certificate is then useful in practice – for example, in the case of a workplace-based vaccination requirement – was not before the court.[3]

According to Bönig, the certificates are in any case simply expert opinions “which merely reflect what the user himself has stated, namely that he does not know at all whether he could react allergically or not.” This determination does not require personal contact with a doctor.[3]

Decision

The trial against the physician, university lecturer and well-known CoV vaccination critic Andreas Sönnichsen ended in Salzburg with an acquittal. [1]

Aftermath

After the acquittal, Sönnichsen strongly criticized the CoV policy. Those who had not been vaccinated had been severely defamed and discriminated against. [1]

He told ORF after the verdict was handed down that there was now a great deal of work to be done in society. [1]

He criticizes the fact that there is now a great silence – after many months of expensive media campaigns against the unvaccinated:

“I am very glad that Corona is now coming to an end. On the other hand, we now have to come to terms with the past. We now know that many political measures were completely inappropriate. It is now openly admitted that the kindergarten and school closures were unnecessary. Now two studies have come out that the mandatory masking was also unnecessary. The lockdowns certainly did more harm than good.” [1]

Of course, a lot was learned in this crisis, Sönnichsen said,

“But the people who predicted this, and I count myself among them, they were massively defamed and called right-wing radicals. I have never had any radical right-wing thoughts in my head. [1]

Further Research

Court Documents:

• Read the Court Ruling

In the news:

• Article from December 2021

•  

Media

Keyword

Exemption, Exemption Certificates, Fraud, Hospital, Medical Act, professor, Salzburg, Schwurbler, Sönnichsen, University, Vienna