Professional disqualification: in which cases it applies

Professional disqualification is a sanction that prevents a person from exercising a profession or trade, holding a public job or position, or contracting with the public sector for a specified period or, in some cases, with permanent effects on the affected position.

In Spain, it can be imposed by a criminal sentence as a principal or accessory penalty, and it can also arise from administrative or disciplinary proceedings (professional associations, public service, public contracting, or insolvency law).

At GVC Abogados (García Valcárcel & Cáceres), based in Murcia, we advise and defend individuals, companies, and professionals facing a disqualification procedure, as well as victims and affected parties seeking its imposition when appropriate, especially in sensitive areas such as medical negligence, civil liability, and criminal law.

Types of disqualification provided for in the Penal Code

• Absolute disqualification: deprives one of all honors, jobs, and public positions and entails the incapacity to obtain them during the period of the sentence.
• Special disqualification for public employment or position: deprives one of a specific job or position and the associated honors, and prevents obtaining the same or other analogous positions during the sentence period.
• Special disqualification for the exercise of a profession, trade, industry, or commerce: prohibits exercising the specific profession or trade linked to the crime (for example, doctor, lawyer, de facto or de jure administrator, transporter, etc.).
• Duration and compatibility: its duration is set by the court within legal limits and can coincide with other penalties that restrict rights (e.g., deprivation of the right to passive suffrage, driving vehicles, carrying weapons). They are regulated in the articles on penalties that restrict rights of the Penal Code (*Código Penal*) (arts. 42 to 45, among others).

When can professional disqualification be imposed criminally?

• Crimes committed by authority or public officials in the exercise of their duties: abuse of power, bribery, embezzlement, prohibited negotiations, etc., often result in special or absolute disqualification from public employment or office.
• Crimes committed by professionals in the exercise of their activity: homicide or injury due to professional negligence (healthcare workers, technicians, professional drivers), crimes against public health, failure to provide assistance by professionals, falsification of expert reports, etc., may lead to disqualification from the related profession or trade.
• Crimes against the Administration of Justice and public faith committed by professionals: professional disloyalty, disclosure of secrets, document forgery, intrusion, may imply disqualification from practice.
• Corporate and insolvency crimes: in cases of disloyal administration, fraud, misappropriation, or culpable bankruptcy, courts may impose disqualification from managing others' assets or from being an administrator or executive of companies for a period (in addition to the disqualification inherent in bankruptcy law).

Disqualification through administrative and corporate channels

• Public employment (*Estatuto Básico del Empleado Público* - Basic Statute of Public Employees): in cases of very serious infractions, separation from service or disqualification from exercising public functions for a specified period may be imposed. This is subject to appeal in administrative and contentious-administrative proceedings.
• Professional associations (*Ley de Colegios Profesionales* - Law on Professional Associations and statutes): very serious infractions may be sanctioned with temporary suspension or expulsion from the association. If membership is a qualifying requirement (law, medicine, etc.), expulsion or suspension equates to the inability to practice while the sanction is in effect.
• Public procurement (*Ley de Contratos del Sector Público* - Law on Public Sector Contracts): certain infractions and convictions result in a prohibition on contracting with the public sector (companies and self-employed individuals), registered in the ROLECE or regional registers.
• Sectoral licenses and authorizations: the loss or suspension of professional licenses (healthcare, transport, private security, etc.) may effectively disqualify practice while the sanction is in effect or until rehabilitation.

Disqualification in the commercial and bankruptcy sphere

• Classification of bankruptcy as culpable: this may entail the disqualification of de facto or de jure administrators (and other affected parties) from managing others' assets and representing any person for a period determined by the judge within legal limits.
• Administrators and senior officials: certain criminal or civil convictions may lead to incapacity to hold administrative or managerial positions, reflected in the Commercial Register.

Practical consequences of professional disqualification

• Loss or suspension of professional membership, position, or employment contract linked to the disqualified function.
• Notification to professional and public registers (Personnel Registers, ROLECE, Commercial Registry), with reputational and compliance impact.
• Termination or suspension of professional civil liability insurance policies and the need to inform insurers and clients.
• Inability to sign, direct, or supervise professional acts subject to habilitation or technical responsibility.
• For family businesses and inheritances: if the heir or administrator is disqualified, it is advisable to foresee substitutions in statutes, wills, and succession agreements; our inheritance lawyers can design continuity solutions.

Can a disqualification be appealed or lifted?

• Criminal route: an appeal can be made against the sentence imposing the penalty; once final, the cancellation of records and the rehabilitation of the penalty operate according to legal deadlines and requirements.
• Administrative route: disciplinary and collegiate sanctions are appealable through reinstatement/pleadings and before the contentious-administrative jurisdiction.
• Modulation: it is possible to request the adjustment of the penalty/sanction considering culpability, mitigating factors, damage repair, compliance with protocols, and compliance.

Frequent examples in practice (Murcia and surrounding provinces)

• Healthcare professionals investigated for injuries or negligent homicide in hospitals and clinics: the existence of professional fault is discussed and, if applicable, the appropriateness and duration of the disqualification.
• Officials and authorities in proceedings for prevarication or embezzlement in public contracting or urban planning: they often raise special disqualification for public employment/position.
• Contracting companies sanctioned with a prohibition on contracting: need for defense, compliance, and remediation plans to lift the prohibition.
• Company directors in bankruptcy proceedings found guilty: risk of disqualification from managing third-party assets or being a director/manager.

How we can help you at GVC Abogados (Murcia)

• Technical criminal defence to avoid or reduce professional disqualification, with support from experts and a solid evidentiary strategy (special experience in medical negligence since 1998).
• Challenging disciplinary and collegiate sanctions; defence of public employees; contentious-administrative appeals.
• Advising companies and self-employed individuals on contracting prohibitions and their lifting; compliance programmes and accreditation of corrective measures.
• Assistance in family law and inheritances when disqualification affects the continuity of the family business or preventive powers, guardianships, and executors; we have family law attorneys and inheritance lawyers.
• Civil and commercial mediation for negotiated solutions that minimise the impact on activity and reputation.

Frequently Asked Questions

• Does disqualification prevent me from working in anything? Not necessarily: it prevents the exercise of the affected employment, position, profession, or trade. It can be compatible with other lawful activities not prohibited in the judgment or sanction.
• How long does it last? The duration is set by the regulation and the authority imposing it within legal limits. Some administrative sanctions have maximum timeframes; criminal sanctions are adjusted according to the articles on penalties involving deprivation of rights.
• What happens to my registration and insurance? You must inform your professional association and insurer of the sanction; it may imply suspension or termination of the professional liability policy.
• Is it published in any register? Yes, in many cases it is recorded in public or professional registers (e.g., contracting prohibition in ROLECE, collegiate sanctions, disciplinary resolutions of public employees).
• Can I reduce its impact? Early damage repair, compliance planning, training, and collaboration can help mitigate the sanction or lift prohibitions on public contracting.

Quick Checklist if Facing Possible Disqualification

• Seek immediate advice from criminal and administrative lawyers with sector experience.
• Gather technical documentation and internal protocols; identify supporting experts.
• Activate your liability insurance and report the incident promptly.
• Evaluate corrective and compliance measures before the resolution.
• Plan for replacements and powers in the business/family to ensure continuity (Murcia lawyers specialising in family and inheritances can assist you).

Contact GVC Abogados in Murcia

García Valcárcel & Cáceres (GVC Lawyers). Plaza Fuensanta, 3 – 6ºB, 30008 Murcia. Criminal defence, civil liability and insurance, medical negligence, administrative law, mediation, obligations and contracts, family law and inheritance. If you need lawyers in Murcia with proven experience in professional disqualification, contact us and we will analyse the viability of your case.

This content is informative and does not constitute legal advice. Each matter requires a specific analysis. Call us for a personalised consultation.