Professional Disqualification

Professional Disqualification in Europe

Violation of a Professional Disqualification in Germany

Provisions relating to violation of a professional disqualification in the German Criminal Code [1]: This criminal issue is covered by Chapter Seven, under the heading “Offences Against Public Order,” located in Section 145c Violation of a professional disqualification, which reads: Whosoever engages in a profession, branch of profession, trade or branch of trade for himself or another or allows another to engage in it for him although he or the other are subject to a professional disqualification order shall be liable to imprisonment of not more than one year or a fine.

Order for Professional Disqualification in Germany

Provisions relating to order for professional disqualification 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 70 Order for professional disqualification, which reads: (1) If a person has been convicted of an unlawful act he committed in abuse of his profession or trade or in gross violation of the attendant duties, 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 may make an order disqualifying him from engaging in that profession, branch of profession, trade or branch of trade, for a period from one year to five years, if a comprehensive evaluation of the offender and the offence shows that by further engagement in the profession, branch of profession, trade or branch of trade there is a danger that he will commit serious unlawful acts of the kind indicated above. The disqualification order may be made in permanence if there is reason to believe that the statutory maximum period will not suffice to avert the danger posed by the offender. (2) If the offender had been provisionally disqualified from engaging in a profession, branch of profession, trade or branch of trade (section 132a of the Code of Criminal Procedure), the minimum term of disqualification shall be reduced by the time during which the provisional disqualification was in effect. In no case may it be less than three months. (3) For the duration of the disqualification the offender must neither engage in the profession, branch of profession, trade or branch of trade on behalf of another nor have a person who is subject to his instructions engage in it on his behalf. (4) The disqualification shall commence when the judgment becomes final. Any period of a provisional disqualification imposed because of the act shall be credited to the disqualification period to the extent it has run following the date on which the judgment in those proceedings in which the factual findings underlying the measure could last have been examined was pronounced. Any period during which the offender was kept in detention by order of a public authority shall not be so credited.

Order Suspending Professional Disqualification in Germany

Provisions relating to order suspending professional disqualification 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 70a Order suspending professional disqualification, which reads: (1) If, after a disqualification order has been made, there is reason to believe that there is no longer a danger that the offender will commit serious unlawful acts of the kind mentioned in section 70 (1) the court may suspend the order for a probationary operational period. (2) The order must not be made before the expiry of one year. Any time of a provisional disqualification shall be credited to the period of disqualification under section 70 (4) 2nd sentence. Any period during which the offender was kept in detention by order of a public authority shall not be so credited. (3) If the disqualification order is suspended, section 56a and sectionsection 56c to 56e shall apply mutatis mutandis. The operational period shall be extended by any time during which a sentence of imprisonment or a custodial measure, which was imposed on or ordered against the convicted person because of the offence, was served.

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Notes

  1. The content of the translated German penal code in relation to order suspending professional disqualification is current as of 2010

Resources

Notes

  1. The content of the translated German penal code in relation to order for professional disqualification is current as of 2010

Resources

Notes

  1. The content of the translated German penal code in relation to violation of a professional disqualification is current as of 2010

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