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Section 70: Order for professional disqualification

(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.