medical fraud
Non-statutory term for criminal offences involving medicines and pharmaceuticals
Medical fraud is a non-statutory umbrella term covering various criminal offences connected to medicine and pharmaceuticals. The concept does not exist as a separate provision in Danish law, but is used in practice to describe criminal acts involving fraud, forgery or other unlawful activity in connection with medicinal products. Offences falling under medical fraud may include the sale of counterfeit medicines, where products are offered that do not contain the promised active substances, or where the content is dangerous to the user. It may also involve the unlawful sale of prescription medicine without the necessary authorisation, including online sales from unregistered websites that misuse pharmacy designations or Danish domain names in order to appear legitimate. Manipulation of pharmaceutical data, document forgery in connection with prescriptions, or fraud against the health service and insurance companies may likewise fall within the term. Such conduct is punished under the relevant provisions of the Danish Penal Code (straffeloven) and special legislation.
In criminal proceedings, these cases will typically be handled under the general provisions of the Penal Code on fraud or computer fraud, combined with violations of the pharmaceutical legislation. The Danish Medicines Agency (L\u00e6gemiddelstyrelsen) enforces the rules in this area and can receive reports of suspected unlawful sale of medicine.
The penalty for medical fraud depends on the nature and gravity of the offence. For fraud, the penalty may be a fine or imprisonment for up to 1 year and 6 months, while aggravated fraud carries imprisonment for up to 8 years. Violations of the pharmaceutical legislation may result in both fines and imprisonment.
