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Abstract
The justification of doctors, lawyers etc. who breach professional secrecy (§ 203 StGB) for the purpose of their adequate defense in court is long - since being treated as a given by german jurisprudence and jurisdiction. This thesis provides a critical analysis of this position for cases in which secrets of uninvolved parties are disclosed by the statement of the defendant. Based on a legal theory rooted in Habermas' "Diskurstheorie", the author discusses (i.a.) the fundamentals of the theory of legally protected interests ("Rechtsgu¨terschutz"), the history of german professional secrecy laws, the scope of legal protection offered by § 203 StGB, the theoretical legitimation of legal justification in cases of emergency (Notstand, § 34 StGB) and the problem of "unwritten legal justifications". The thesis gives both legal scholars and practising lawyers reason to challenge the traditional doctrine.
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