Act IV of 1978 on the Criminal Code GENERAL ... - Legislationline

(2) The duration <strong>of</strong> the prohibition from public affairs shall begin by the sentence becoming non-appealable. Thatperiod <strong>of</strong> time, during which the rights affected by the prohibition from public affairs are discontinued pursuant toSection 41, subsection (3), and the period <strong>of</strong> time, during which the convict withdrawshimself from the execution <strong>of</strong> the imprisonment shall not be included therein. If the parole is not terminated, theperiod sent on parole shall be included in the duration <strong>of</strong> the prohibition from public affairs.(1) Such person may be prohibited from his pr<strong>of</strong>ession, who commits a crimeby the violation <strong>of</strong> the rules <strong>of</strong> a pr<strong>of</strong>ession requiring special qualification, orcommits it intentionally, by using his pr<strong>of</strong>ession.(2) With respect to applying prohibition from pr<strong>of</strong>ession as a secondary punishment, the following shall also qualifyas pr<strong>of</strong>ession: if the <strong>of</strong>fender is a member or director <strong>of</strong> a body exercising general control <strong>of</strong> an organization; member <strong>of</strong>the board <strong>of</strong> directors or supervisory committee <strong>of</strong> a cooperative; the leading <strong>of</strong>ficer <strong>of</strong> a business association ormember <strong>of</strong> its supervisory committee.(1) A restraint <strong>of</strong> pr<strong>of</strong>ession may be permanent or for a specific period <strong>of</strong> time. A person who is unsuitable orunworthy for the pr<strong>of</strong>ession in question may have the privilege restrained permanently. The specific term <strong>of</strong> restraintshall be one year minimum and ten years maximum.(2) The provision relating to the calculation <strong>of</strong> the duration <strong>of</strong> prohibition from public affairs [Section 55, subsection(2)] shall be applied mutatis mutandis in the case <strong>of</strong> prohibition from a pr<strong>of</strong>ession.(3) When restraint <strong>of</strong> pr<strong>of</strong>ession is imposed for a specific term, reinstatement in that pr<strong>of</strong>ession - if it requires specialqualification - may be rendered conditional upon the person in question providing sufficient pro<strong>of</strong> <strong>of</strong> experience afterthe restraint is lifted. The court may exempt a person subject to permanent restraint <strong>of</strong> pr<strong>of</strong>ession, if it was ordered tenyears before and the person is found suitable or worthy to engage in that pr<strong>of</strong>ession. No exemption shall be granted ifthe restraint was ordered in connection with a crime committed in affiliation with organized crime, and the courtimposed the restraint permanently on the grounds <strong>of</strong> unworthiness.(1) Such person my be prohibited from driving vehicles, who perpetrates a crime by the violation <strong>of</strong> the rules <strong>of</strong>vehicle driving subject to licence, or who uses a vehicle for the perpetration <strong>of</strong> criminal acts.(2) The prohibition from driving vehicles may also relate to a vehicle <strong>of</strong> a definite type.(1) Prohibition from driving vehicles shall be <strong>of</strong> definitive effect or shall be <strong>of</strong> definite duration. Such person may beprohibited with definitive effect, who is unsuitable for driving vehicles. The shortest duration <strong>of</strong> prohibition <strong>of</strong> definiteduration shall be one year, its longest duration shall be ten years.(2) The provision relating to the calculation <strong>of</strong> the duration <strong>of</strong> prohibition from public affairs [Section 55, subsection(2)], as well as the provision relating to the verification <strong>of</strong> the skill required by a pr<strong>of</strong>ession, and that relating to theexemption from definitive prohibition [Section 57, subsection (3)] shall be applied mutatis mutandis in case <strong>of</strong>prohibition from driving vehicles.