Disciplinary arrest
Disciplinary arrest is a disciplinary measure in the military, which may be imposed by a military disciplinary superiors. In Switzerland, disciplinary sanctions can also be imposed by the auditor or a military court .
Germany
In Germany , this is a simple disciplinary measure in accordance with Section 26 of the Military Disciplinary Code , which consists of “simple deprivation of liberty”. Disciplinary arrest lasts from a minimum of 3 to a maximum of 21 days. Disciplinary arrest can be imposed by a disciplinary superior at the level of a company commander for up to seven days , up to 14 days at the level of a battalion commander and the full length of 21 days at the level of a regimental commander , with the consent of the competent troop service court.
Disciplinary arrest does not correspond to criminal arrest within the meaning of the Military Penal Act, which can be imposed by ordinary courts in the case of military crimes, among other things.
In 2006, 1078 disciplinary arrests were carried out. The majority were arrests of up to 7 days.
Switzerland
In Switzerland, arrest lasts at least one day and no longer than ten days. It is carried out in solitary confinement. The detainee is not doing any service, d. H. the days in arrest are not counted towards the length of service. The detention centers must meet the health requirements. The detainee must be given the opportunity to groom himself daily and, from the second day onwards, be taken outside for one hour a day. As a rule, the detainee is not allowed to receive visits. Sending and receiving mail is permitted. The dispensable items are to be removed from the detainee against receipt before the commencement of the sentence. One newspaper per day, writing materials, religious pamphlets and military service regulations are to be given to him. The commander in charge or the civil enforcement authority can also authorize further literature (Art. 190 of the Military Criminal Law).
In Switzerland, no distinction is made between disciplinary and criminal arrest . The previously common distinction between light and severe arrest - with the former, the soldier only had to go to the cell at night or during the exit - no longer exists. Instead of light arrest, fines are given today .
If a specific act calls for a punishment of more than ten days, the organs of the military justice are responsible for its imposition . If the arrest can no longer be carried out in full while on duty, for example because the offense was committed shortly before the end of the repeat course, the arrestant must serve the remaining sentence in a civilian prison after the service.
