Generally speaking, medical malpractices refer mainly as negligent injury or manslaughter under the sequence of ideas in German Criminal Law. Physicians have methodical individualistic in practicing medicine; however, if a practice violates guidelines of practicing medicine, it is determined as a non-permissible act of medical treatment. Further, if a patient is fully informed of a medical risk, it may preclude an act of medical treatment from illegality. Finally, criminal liability of a medical treatment shall be limited by deferred prosecution, it is conductive to cases to have precise assessments and have more flexibility in procedure.