Professional and other ancillary consequences of a conviction
A criminal conviction often has effects far beyond the actual sentence. Many clients fear the consequences for their profession, driving licence, residence status or certificate of good conduct more than the fine itself. These ancillary consequences frequently depend on the level of the sentence – which is precisely why early defence pays off.
Certificate of good conduct (Führungszeugnis)
Not every conviction appears in the certificate of good conduct. A single fine of up to 90 daily units or a custodial sentence of up to three months is – provided no further penalty is recorded – generally not entered in the ordinary certificate. This threshold is an important starting point for the defence. For certain activities, for example involving children, the extended certificate with stricter rules applies.
Driving licence and driving ban
In traffic offences, and sometimes other offences, the withdrawal of the driving licence (§§ 69, 69a StGB) with a bar period or a driving ban (§ 44 StGB) may be imposed. In addition, the licensing authority may require a medical-psychological assessment (MPU).
Civil servants
Where a person is convicted of an intentional offence and sentenced to at least one year’s imprisonment, the civil service relationship ends by operation of law (§ 24 BeamtStG, § 41 BBG); for certain offences against the state a lower threshold applies. Below these limits, disciplinary measures may follow.
Residence law
For foreign nationals a conviction may establish an interest in expulsion (§§ 53 ff. AufenthG). Its weight and consequences depend on the level of the sentence and the nature of the offence; coordinating criminal and residence law is decisive here.
Employment
Depending on the offence and its connection to the employment relationship, a conviction – or even the proceedings – may lead to dismissal. Criminal defence and an employment-law assessment should be coordinated.
Professional licences, trade and firearms law
For medical professions, the licence to practise (Approbation) may be revoked or suspended for unworthiness or unreliability. Under trade law, a prohibition on carrying on a trade for unreliability may be imposed (§ 35 GewO); under firearms law, the firearms permit may be lost (§ 5 WaffG).
Why early defence matters
Many ancillary consequences are tied to fixed thresholds – for example 90 daily units for the certificate of good conduct or one year’s imprisonment for the civil service relationship. A forward-looking defence can work towards keeping such limits from being exceeded, thereby limiting the professional consequences.
Are you worried about the professional consequences of proceedings? Get in touch – we will review your case and the possible ancillary consequences.
Note: This information is general and does not replace advice in an individual case. The specific consequences depend on the circumstances.