The work deals with the origin of hypothetical consent in civil law medical liability and examines its gradual transfer into criminal law. The focus is on the controversially discussed question of the "whether" and "how" of a dogmatic placement of this legal figure. After a comprehensive evaluation of the existing legitimization models and the criticisms raised against them, the author presents possible alternative solutions, which then culminate in a practical and interest-oriented solution model aligned with the guidelines of the BGH's case law. This includes a differentiation between negligent and intentional disclosure errors, as well as a limitation of its scope of application, taking into account its inherent boundaries and the general idea of abuse.