Professional disqualification

the professional disqualification is in Germany from lawyer view and in their language „a legal consequence or measure of the improvement and safety device from the condemnation because of a criminal offence. It reaches directly and directly into the occupation liberty kind. 12 GG .

In the usual linguistic usagein the old Lands of the Federal Republic also the distance from the public service is called due to until today applied radical decree professional disqualification.

Historical examples of professionals disqualification are the dismissals of Jews and political opponents of the national socialism in consequence of the tenured civil servant law of 7. April 1933 as well as thoseafter 1945 of the allied allied powers approximately politically loaded film artists imposed work prohibitions.

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legal one consequence

as legal consequence always occurs the professional disqualification, if the condemnation because of a Insolvenzdeliktes (§§283 - 283d StGB) takes place. The management of a GmbH is then forbidden for five years.

measure arrangement

as measure arrangement is imposed the professional disqualification, if the illegal act presents itself as abuse occupation and/or of the freedom of trade. A condition of the arrangement is after§§ 70, 62 StGB beside the abuse a repetition danger as well as the proportionateness of the professional disqualification.

The arrangement can be suspended on the probation (§ 70a StGB).

legal consequence

the professional disqualification finally means the prevention of each practise of the profession in the branch of industry or occupation for maximally five years.Only exeptionally no stipulation of a time limit is to be planned.

a criminal offence represents offences the offence against (criminal) the professional disqualification, which can be punished after § 145c StGB with imprisonment up to a year or a fine.

see also

radical decree


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