Disciplinary measure (Bundeswehr)
With a disciplinary measure can in Germany misconduct ( § 23 SG ) by soldiers of the Bundeswehr will be punished. They are divided into simple and judicial disciplinary measures. The military service courts reserve the right to impose the latter ( Section 15 (1) WDO ).
General
The responsible disciplinary superior determines according to his due discretion whether and how to intervene because of an official offense. He also has to take into account the entire official and off-duty behavior. The authority to impose disciplinary measures and to take the decisions and measures otherwise incumbent on the disciplinary superiors ( disciplinary authority ) have the officers to whom it is entitled according to the Military Disciplinary Code, and their superiors in service as well as superiors in comparable positions to which they are assigned by the Federal Minister of Defense is awarded to fulfill special tasks. The “highest disciplinary superior” is the Federal Minister of Defense ( Section 27 (1) WDO ).
The Federal President has the right of grace with regard to the disciplinary measures imposed according to the military disciplinary code . He exercises it himself or delegates the exercise to other bodies.
Simple disciplinary action
If the soldier has committed an official offense, the disciplinary superior checks whether he wants to leave it at an educational measure or whether he wants to impose a disciplinary measure . He also checks whether he has to report the official offense to impose a disciplinary measure or to bring about the decision of the initiating authority ( Section 33 (1) WDO ). The disciplinary superior should only take disciplinary action if other measures have not been successful. If the disciplinary superior wants to impose a disciplinary measure, he must consider the guilt of the soldier to be proven ( Section 33 (2 ) WDO ). The responsible disciplinary superior decides solely responsible; He cannot be ordered whether and how he should punish ( Section 35 (1) WDO ).
If the investigation does not determine an official offense or if the disciplinary superior does not consider a disciplinary measure to be permissible or appropriate, he must notify the soldier of his decision if he has heard it beforehand ( Section 36 (1) WDO ). 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 ). As a rule, one should start with the milder disciplinary measures and only move to more severe disciplinary measures in the event of a renewed breach of duty ( Section 38 (2 ) WDO ).
The following simple disciplinary measures can be imposed:
- Reference : The reprimand is put on record and the soldier is notified by the superior
- Strict reprimand: reprimand is announced in the presence of the person concerned in front of the soldiers of the same rank or higher in the unit
- Disciplinary fine up to the amount of the monthly salary, for soldiers who serve less than a month, up to the amount due to them
- Exit restriction: the official accommodation may not be left, in addition it can be determined that no visitors may be received and common rooms may not be entered (tightened exit restriction). It lasts at least one day and a maximum of three weeks and may only be imposed on soldiers who are obliged to live in the official accommodation.
- Disciplinary arrest : a minimum of three days and a maximum of three weeks; only with judicial approval.
Side by side can be imposed:
- Disciplinary arrest and exit restrictions
- in the event of unauthorized absence of the soldier for more than one day: exit restriction and disciplinary fine or disciplinary arrest and disciplinary fine
The authority to impose disciplinary measures and to take the decisions and measures otherwise incumbent on the disciplinary superiors ( disciplinary authority ) have the officers to whom it is entitled according to the Military Disciplinary Code, and their superiors in service as well as superiors in comparable positions to which they are assigned by the Federal Minister of Defense is awarded to fulfill special tasks. The “highest disciplinary superior” is the Federal Minister of Defense ( Section 27 (1) WDO ).
Judicial disciplinary action
Judicial disciplinary measures are:
- Reduction of salaries: by at least 1/20 to a maximum of 1/5 for a period of six months to five years
- Ban on carriage for one to four years
- Reduction in grade if the grade includes several grades, e.g. B. Captain (A 11 and A 12), Lieutenant Colonel (A 14 and A 15), Colonel (A 16, B2 and B 3)
- Downsizing of rank : unlimited, for officers only up to the lowest rank of the career (e.g. lieutenant, medical officer, staff pharmacist, staff veterinarian, captain, major), for professional non-commissioned officers only up to sergeant.
- Removal from employment: after dismissal, a maintenance contribution of 50% of the last salary, the court can exclude the maintenance contribution in the event of serious misconduct.
- Reduction of the pension: only for former soldiers
- Withdrawal of pension: only for former soldiers
- Withdrawal of rank : the authorization as a former soldier expires with the addition of a. D. to lead.
Disapproving statements
"Disapproving statements" by a disciplinary officer that are not expressly designated as reprimands or strict reprimands (instructions, warnings, reprimands or similar measures) are not disciplinary measures. This also applies if they are combined with a decision by which the disciplinary superior or the initiating authority establishes an official offense, but refrains from imposing a disciplinary measure or initiating judicial disciplinary proceedings ( Section 23 (3 ) WDO ).
Formal recognitions
Formal recognitions do not fall under the concept of disciplinary measure, even if they are occasionally referred to in colloquial terms as "positive disciplinary measure".
Web links
Individual evidence
- ↑ WDO § 40 Participation of the judge in the imposition of disciplinary arrest
- ↑ Responsible: troop service courts
