WHAT DOES DISQUALIFICATION MEAN IN CRIMINAL LAW?
DURATION OF DISQUALIFICATION ACCORDING TO THE SEVERITY OF THE OFFENSE
The law provides a framework to determine the duration of disqualification, depending on the nature of the crime and the convicted individual’s level of responsibility:
- From 4 to 10 years when the offense carries a custodial sentence.
- From 6 months to 4 years in the case of negligent crimes or non-custodial penalties.
This determination must consider the culpability of the convicted person and the direct link between their role and the offense committed.
KEY RULES FOR APPLYING DISQUALIFICATION
There are specific legal guidelines that must be followed when imposing this sanction:
- Restricted scope: Disqualification only affects the area where the misconduct occurred. It does not prevent the individual from working in unrelated professions or trades.
- Mandatory registration: All disqualifications must be recorded in the appropriate registries, allowing institutions to verify compliance.
- Consequences of noncompliance: If a disqualified individual unjustifiably performs restricted duties, they may face a new prison sentence equal to one-fourth of the disqualification period imposed or of the remaining time.
HOW REHABILITATION WORKS AFTER CRIMINAL DISQUALIFICATION
The legal framework also allows for rehabilitation, provided certain conditions are met:
- At least two-thirds of the disqualification period must be successfully completed.
- The damage caused must be repaired.
- The individual must objectively demonstrate that the behavior or condition that led to the sanction has been overcome.
It is important to note that in cases where disqualification resulted in the loss of a public office, rehabilitation does not imply automatic reinstatement to that position, but rather the removal of the prohibition.
In summary, disqualification is a complementary sanction that reinforces criminal liability, particularly in cases involving abuse of public office. Its tailored application, based on the nature of the crime and the conduct of the convicted individual, ensures proportionality and justice, while also safeguarding the public from misuse of authority.
If you are facing a legal situation involving sentencing or disqualification, our law firm offers expert criminal defense services. Contact us today to schedule a consultation.
Frequently Asked Questions (FAQs)
Is disqualification the same as suspension from duty?
No. Suspension is a temporary and preventive measure, whereas disqualification is a sanction imposed by a judicial ruling after the commission of a crime has been proven.
Can I be disqualified without a criminal conviction?
No. Disqualification requires a final court judgment and forms part of the legal consequences of a crime.
What happens if I violate a disqualification order?
Violation of a disqualification order may result in a new prison sentence of up to one-fourth of the disqualification term imposed.
Can I work in another field if I am disqualified?
Yes. Disqualification only applies to the specific sector in which the offense was committed.
Can a disqualification sanction be appealed?
Yes. As part of the sentence, a disqualification can be appealed before higher judicial authorities.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
