Disciplinary authority (Bundeswehr)
Disciplinary powers is in the army the authority to disciplinary measures to be imposed and otherwise the disciplinary superior to meet incumbent decisions and actions ( § 27 para. 1 sentence 1 WDO ).
General
Disciplinary powers have officers, which they after the Military Disciplinary Code entitled, and their troops duty supervisors and managers in comparable service positions , which they by the Federal Minister of Defense will be awarded for the fulfillment of special tasks ( § 27 para. 1 sentence 1 WDO ). The “highest disciplinary superior” is the Federal Minister of Defense ( Section 27 (1) sentence 2 WDO ).
The disciplinary authority is tied to the position. It cannot be transferred. It passes by itself to the deputy in command. If the owner of the office or the deputy in command does not have an officer rank , it is transferred to the next higher disciplinary superior ( Section 27, Paragraph 2 WDO ).
Violations of the medical officers against their medical duties are punished by superior medical officers ( specialist superiors ). This also applies if the violation of medical obligations coincides with a violation of other obligations ( Section 27 (3 ) WDO ).
Every disciplinary superior can provisionally arrest soldiers who are subject to his disciplinary authority for a service offense if it requires the maintenance of discipline ( Section 21 (1) WDO ).
Disciplinary authority based on position
The disciplinary authority is initially based on the position ( § 28 WDO):
- Level 1: Company commander or an officer in a corresponding position:
- Authorization against NCOs and crews: reprimand, strict reprimand, disciplinary fine, exit restriction, disciplinary detention for up to seven days,
- Authority against officers: reprimand
- Level 2: battalion commander or an officer in a corresponding position
- Authority against non-commissioned officers and men: all simple disciplinary measures
- Authority against officers: all simple disciplinary measures (except disciplinary arrest)
- Level 3: Officers from the regimental commander upwards and the officers in corresponding positions and the Federal Minister of Defense: all simple disciplinary measures against all subordinate soldiers
In addition, the superiors have the relevant disciplinary authority in the respective positions. The Federal Minister will determine who is in the relevant position.
A disciplinary superior has the disciplinary authority of the next higher level if the otherwise responsible disciplinary superior cannot be reached and immediate intervention is required to maintain military discipline. Conversely, the next higher disciplinary superior can take measures from the lower superior under the same conditions.
In principle, the next disciplinary superior is responsible for punishing an official offense; this is the lowest superior with disciplinary authority to whom the soldier is directly subordinate. The next higher disciplinary superior is responsible if the next disciplinary superior is himself involved in the act, in the case of temporary submission, the act was committed by someone of the same rank or higher, or the person of trust committed the act. The next higher disciplinary superior is also responsible if the person responsible reports that his disciplinary authority is insufficient, that he has been personally injured by the act or that he considers himself biased.
Disciplinary powers in cases where immediate action is required
The right to disciplinary authority in cases in which immediate action is necessary to maintain military order is given to the local commander, the leader of specially composed departments and officers in similar positions if they do not have a higher disciplinary authority of their own due to their position. The extent of their authority depends on their rank; In the case of deputies, the rank of the deputy is decisive:
- Lieutenant , first lieutenant , captain or staff captain or officers with the appropriate rank like a company commander
- Major or lieutenant colonel or officers with the appropriate rank such as a battalion commander
- Colonels or higher ranks or officers with the corresponding rank have disciplinary authority of the highest level
Head physicians at a Bundeswehr hospital can exercise disciplinary authority if immediate intervention is necessary.
