Disqualification Order in Europe
Disqualification Order in Germany
Provisions relating to disqualification order in the German Criminal Code [1]: This criminal issue is covered by Chapter Three Sanctionsunder the Sixth Title, Measures of Rehabilitation and Incapacitation,” located in Section 69 Disqualification order, which reads: (1) If a person has been convicted of an unlawful act he committed in connection with the driving of a motor-vehicle or in violation of the duties of the driver of a motor-vehicle, or has not been convicted merely because he was proven to have acted in a state of insanity or his having so acted could not be excluded, the court shall make a driving disqualification order if the act shows that he is unfit to drive a motor-vehicle. A further examination pursuant to section 62 shall not be required. (2) If the unlawful act under subsection (1) above is one of the following misdemeanours: 1. endangering road traffic (section 315c); driving while under the influence of 2. alcohol or drugs (section 316); leaving the scene of an accident without cause (section 142) although the offender knows or should have known that a person was killed, seriously injured or significant damage to the property of another was caused in the accident; or 3. committing offences in a senselessly drunken state (section 323a), if the offence committed is one of the offences in Nos 1 to 3 4. the person shall typically be deemed unfit to drive motor-vehicles. (3) The driving licence shall cease when the judgment becomes final. A driving licence issued by a German public authority shall be subject to a deprivation order in the judgment.
Resources
Notes
- The content of the translated German penal code in relation to disqualification order is current as of 2010