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Re: the Acquittal of Dr Sönnichsen for Issuing Vaccine Exemption Papers
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Exemption Certificates Case
Exemption Certificates Case
Re: the Legality of a Medical Doctor Issuing Vaccination Exemption Certificates
Facts of the Case
- Dates: Feb 9, 2023
- Location: Salzburg, Austria
- Court: Regional Court Salzburg
- Case #: ?
- Plaintiff: Public Prosecutor
- Plaintiff’s Lawyer:
- Defendant: Dr Andreas Sönnichsen
- Trial Type: Criminal Complaint
- Judge: ?
- Status: Decided
- Verdict: for the Defendant
*updated Feb 13, 2023
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]
Defendant’s Argument
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:
Media
References
- Freispruch für Impfkritiker, heftige Kritik an CoV-Politik .>>> Click here for English translation
- short video of Sönnichsen describing his hearing in the Salzburg court on Feb 9th
- Hörtest gegen die Maskenpflicht
Keyword
Exemption, Exemption Certificates, Fraud, Hospital, Medical Act, professor, Salzburg, Schwurbler, Sönnichsen, University, Vienna
Health Minister Complaint Case
Health Minister Complaint Case
Re: the Legality of a Health Minister knowingly distributing False Information about a new Pharmacological Product regarding its safety & efficacy
Facts of the Case
- Dates: Jan 16, 2023
- Location: Berlin, Germany
- Court: State Prosecutor /Staatsanwaltschaft Berlin
- Case #: TBD
- Plaintiff: Wilfried Schmitz
- Plaintiff’s Lawyer: Wilfried Schmitz
- Defendant: Health Minister Karl Lauterbach & others in Federal Health Ministry
- Trial Type: Criminal Complaint
- Judge: TBD
- Status: complaint submitted
- Verdict: TBD
*updated Jan 31, 2023
Background
This is a legal complaint [3] formulated and submitted by lawyer Wilfried Schmitz against:
Prof. Dr. Karl Lauterbach, Federal Minister of Health and all other employees of the Federal Ministry of Health who may still be involved in the crime. [3]
on suspicion of:
dangerous and grievous bodily harm (in office) resulting in death according to §§ 223, 224, 226, 227, 340 StGB,
manslaughter and murder according to §§ 212 and 211 StGB,
negligent bodily injury according to § 229 StGB,
involuntary manslaughter according to § 222 StGB,
all possible criminal offences according to §§ 95, 96 AMG,
all other possible criminal offences and forms of participation under the Criminal Code, the War Weapons Control Act, the International Criminal Code.
In essence, this complaint arose from action taken by German Dr. Weikl, vice chairman of Medical Workers and Scientists for Health, Freedom and Democracy (MWGFD), following his interest in a similar complaint against the Swiss president Alain Berset (1). He then began to analyse the legal situation in Germany to establish whether a similar action could conceivably be taken against Federal Health Minister Karl Lauterbach [2]:
The ball was set rolling by an interview by Dr. Ronald Weikl with the Swiss investment banker Pascal Najadi. The Vice of the Medical Workers and Scientists for Health, Freedom and Democracy (MWGFD) spoke with Najadi about his criminal charges against Federal Councillor Alain Berset, whose responsibilities in Bern include the Health Department. As a triple-vaccinated man, the banker feels he has been hoodwinked by Berset and his “false allegations on the Corona issue”.
The aspect of Swiss law used in the complaint against Alain Berset is not directly applicable in Germany: [2]
Unlike the Swiss Penal Code, the German equivalent does not know the offence of abuse of office in this form. A lawyer who was not named in the MWGFD press release therefore recommended to Dr. Weikl: “The only law that could be invoked is the Heilmittelwerbegesetz (HWG), which requires truthful information […] Or, in the interplay of the Infektionsschutzgesetz (IfSG) and the obligation to vaccinate (or the obligation to tolerate, as in the case of members of the armed forces, for example), possibly the offence of ‘coercion in office’ Paragraph 240….”.
The lawyer Wilfried Schmitz, however, saw in this statement: [2]
a “grossly false” and “extremely trivialising representation” and felt it was clearly “too lax”, which is why he addressed Dr. Weikl directly with an email in which he wrote: [2]
“…If a health minister deceives the entire public, in particular by deliberately misstating that Covid-19 injections are ‘free of side effects’, contrary to his legal duties, then the most serious criminal offences such as murder must also be examined here, in particular (i.e. not only) the murder characteristic of insidiousness. Furthermore, criminal offences under the AMG (Medicines Act): Finally, in this context, at least (!) the aiding and abetting of the serious criminal offences of third parties, which were supported or made possible by such public false allegations, would have to be examined. His statement that the Covid-19 injections were also ‘highly effective’ was – as has long been proven – of course also deliberately false. But with the lie of no side effects, it is even easier to prove. For your information, I am enclosing my criminal complaint against those responsible at the PEI, etc. I assume that your association will inform visitors to its homepage more accurately in future. For you should not give the impression of wanting to divert attention from the true criminal guilt of those primarily responsible for the administration of the Covid-19 injections. A half-truth that distracts from the whole truth is a whole lie!“
Lawyer Wilfried Schmitz formulated & submitted the complaint against Lauterbach [3].
Significance
First Corona Case in Germany accusing a Health Minister of criminal intent to cause harm
Plaintiff’s Argument
To justify his accusations, the lawyer first refers to a Youtube video in which several experts comment on a complaint filed in Switzerland against Swissmedic and explain the context from a professional point of view. [2] [3]
For an introduction to the facts that gave rise to this criminal complaint, I recommend the YouTube video entitled “Media conference: Criminal complaint against Swissmedic”, available under the link
From this video you will already be able to gather a whole series of highly qualified experts who would certainly not refuse to give expert advice to your authority, in particular:
- Dr. Michael Palmer on the special mode of action of mRNA injections,
- Prof. Dr. Andreas Sönnichsen on the (lack of) effectiveness of these injections,
- Prof. Dr. Dr. Martin Haditsch on the risks of mRNA injections,
- Prof. Dr. Konstantin Beck on the risk to public health from these Covid 19 injections (excess mortality etc.).
Lawyer Schmitz goes on to argue: [3]
the full text of the criminal complaint filed by the Swiss lawyers Kruse Law on 14.7.2022, which will adequately inform you that and – at the latest – from when and why (also) the responsible persons of the PEI and thus the defendants here had to be positively aware that these Covid-19 injections are questionable medicinal products in the sense of § 5 AMG, so that they were obliged by virtue of their legal competence to prevent these medicinal products – ever and further – from entering the market and being used on humans.
The prerequisites for a conditional authorisation never existed, and this was evident from the very beginning, so that from a point in time yet to be determined, the defendants would also have been aware of it.
Furthermore: [3]
You will certainly remember that the accused Federal Minister of Health, Prof. Dr. Karl Lauterbach, never tired of publicly emphasising at every possible opportunity that the Covid-19 vaccines were very or highly effective and, in particular, “free of side effects”.
He of all people had to know better from the very beginning, so that his misleading statements in any case already justify criminal liability according to § 95 para. 1 nos. 1 and 3 a AMG.
Defendant’s Argument
…More information is needed…
Relevant Prior Judgements/ Cases
…More information is needed…
Decision
TBD
Aftermath
…More information is needed…
Further Research
Court Documents:
In the news:
Media
References
- Corona Cases: Presidential Crimes Case
- link to translation of Reitschuster article on the case
- Original Criminal Complaint Document (Deutsch)
- Corona Cases: mRNA Injury Case
Keyword
Beck, Berlin, Criminal Complaint, Germany, Haditsch, Health Minister, Injections, Karl Lauterbach, lauterbach, mRNA, Palmer, Sönnichsen, Swissmedic, Switzerland, Wilfried Schmitz