English Translation

36 - 20 - the possibility or probability of pregnancy. These findings are based on the data of the defendant Dr. Kafka and Dr. Hochberger, the statements of the women treated by the defendants, as well as on the reading of the indication certificate and the recorded entries in the operating books of the sanatoriumFink. The defendant Jude Dr. Kafka points out that he had taken the view that a pregnancy interruption would be possible if an appropriate indication were given. He had adhered to this principle and had never interrupted without indication. In the first place, he had asked the patient's family doctor for the indication, only if they did not have one, had he turned to the internist Dr. Hochberger. He had done this because, immediately after he had examined his first attestation, he found that these were very conscientiously drafted. As regards the remuneration which he received, the amount was different because different methods of operation had been used. Moreover, as a gynecologist, he had not the necessary internistic knowledge to check the accuracy of the individual certificates. This admission is not valid because, according to the results of the taking of evidence, as has already been pointed out above, the defendant, Jude Dr. Kafka, has performed surgery in 10 women without any indication from another doctor. The evidence also shows that the physical and health condition of the women questioned would have justified the interruption of pregnancy only in 16 cases and also only in the case of a broad interpretation. e experts considered the information of these women to be medically credible and stated that in these cases: