Violation of the professional ban

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The violation of the professional prohibition is a criminal offense that makes the violation of the professional prohibition , which was imposed as a measure of reform and protection by a criminal court, a criminal offense. In German criminal law, the violation of the professional ban is regulated in Section 145c of the Criminal Code.

Offense

The wording of § 145c is:

Anyone who practices a profession, a branch of activity, a trade or a branch of trade for themselves or for another person or lets someone else do it for them, even though this is prohibited by criminal law, will be punished with imprisonment for up to one year or with a fine.

The offense is linked to the criminal court professional prohibition (Section 70 StGB), so that commercial prohibitions under administrative law are not included in the offense. The prohibited occupation or the prohibited trade must be precisely described, otherwise the offense does not meet the requirements of the requirement of certainty according to Art. 103 (2) GG ; in some cases, the provision is considered unconstitutional anyway.

In principle, a single violation is sufficient. As can be inferred from the offense of § 145c StGB in conjunction with the provisions of § 70 StGB, anyone who employs another person dependent on instructions in the profession in question also violates the professional ban.

The rules for participation are to be interpreted narrowly, so that contracting parties of the perpetrator cannot commit aiding and abetting. This is a case of necessary and therefore unpunished participation. Beyond that, however, the provisions on incitement remain unaffected.

Incidentally, contingent intent is sufficient.