Service offense

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A duty offense (also called breach of duty of service ) is a culpable violation of the official duties of a civil servant ( Section 77 (1) sentence 1 BBG ; Section 47 (1) sentence 1 BeamtStG ), soldiers ( Section 23 (1) SG ), judge ( Section 77 para. 1 sentence 1 BBG in conjunction with Section 46 DRiG ) community service providers ( Section 58 ZDG ) or notaries ( Section 95 BNotO ). If an official offense is suspected, the service or disciplinary superior has the duty to initiate disciplinary proceedings. Misconduct is part of the substantive disciplinary law .

Officials and judges

Civil servants and judges commit an official offense if they culpably breach their duties ( Section 77 (1) sentence 1 BBG ; Section 47 (1) sentence 1 BeamtStG ). Outside of the service, this is only a breach of duty if the breach of duty is particularly likely to impair trust in a way that is significant for your office or the reputation of the civil service ( Section 77 (1) sentence 2 BBG ; Section 47 (1) sentence 2 BeamtStG ).

For retired civil servants and former officials entitled to pensions or old money , it is considered misconduct, when they press against the free democratic basic order within the meaning of the Basic Law, to participate in efforts that aim to affect the existence or security of the Federal Republic of Germany, against violate the duty of confidentiality, the duty to notify or the prohibition of an activity after the termination of the civil service relationship or the prohibition of accepting rewards, gifts and other benefits. Furthermore, it is considered an official offense for these persons if they do not comply with the obligation to renew their appointment as civil servant for life, do not take part in suitable and reasonable health and professional rehabilitation measures to restore their ability to work or do not check their ability to work according to the instructions of the authority to have a medical examination. ( Section 77 (2 ) BBG )

soldiers

A soldier commits a service offense if he culpably violates his duties ( §§ 7–21 SG ) ( § 23 SG). The nature and severity of the service offense and its effects, the degree of guilt, personality, previous leadership and motivation of the soldier must be taken into account in the type and extent of the disciplinary measure ( Section 38 (1) WDO ). Disciplinary measures are not taken if the investigation does not reveal an official violation or if the disciplinary superior does not consider a disciplinary measure to be permissible or appropriate ( Section 36 (1) WDO ).

A former soldier cannot commit a service offense. However, it is considered a service offense for him if, after leaving military service, he violates his duty of confidentiality or violates the prohibition to accept rewards or gifts or does not report an activity after leaving military service ( § 20a SG) or contrary to one Is exercising prohibition ( Section 23 (2) No. 1 SG). Furthermore, it is considered a service offense if an officer or NCO, after retiring from military service , acts against the liberal democratic basic order within the meaning of the Basic Law or does not live up to the respect and trust required for his re- employment as a superior through unworthy behavior ( Section 23 (2) No. 2 SG). Ultimately, a service misconduct is also considered to be a professional soldier who fails to respond to a renewed appointment after entering or retiring ( Section 23 (2) No. 3 SG).

Notaries

The regulations on official offenses and the notaries' disciplinary procedure can be found in Sections 95–110a BNotO .

Civil Servant

A service provider commits a service offense if he culpably breaches his duties ( § 58 ZDG ). Misconduct can be punished by disciplinary measures ( § 58a Abs. 1 ZDG ). The responsible disciplinary superior determines at his due discretion whether and how action is to be taken because of an official offense under the Civil Service Act ( Section 58a (2 ) sentence 1 ZDG ). He also has to take into account all official and off-duty behavior ( Section 58a (2 ) sentence 2 ZDG ).

damages

If a civil servant, soldier or judge intentionally or grossly negligently violates his duties, he must compensate the employer whose duties he has performed for the resulting damage ( Section 75 BBG; Section 24 Paragraph 1 Sentence 1 SG ; Section 46 DRiG ).