Disciplinary punishment
A disciplinary punishment is a punishment that threatens to violate behavioral norms .
Delimitations
A violation of legal norms is called a penalty in criminal law . The civil law does not provide punishment, but legal consequences as rescission , exchange , mitigation , compensation , cancellation or annulment before. In civil service law there is disciplinary law , in soldiers law one knows the disciplinary measures against soldiers prescribed in the military disciplinary code . There are also disciplinary measures in penal law and in the church ( church penalties ). There are therefore only a few areas of expertise left for disciplinary punishment , for example in the area of sport and raising children .
General
According to Eduard von Schaper in 1880, disciplinary punishments are “all punishments serving to maintain discipline and order that do not fall within the scope of actual criminal law, including the violation of police regulations”. Franz von Liszt did not deny in 1894 that "the disciplinary punishment often fulfills functions of public punishment". However, it does not have the general effect of public criminal law, but is limited to one organization ( companies , associations ).
In July 1967, the absolute purposes of retaliation and atonement ceased to exist in German state disciplinary law , which was also expressed by the elimination of the term “disciplinary punishment ” and its replacement by the neutral term “ disciplinary measure ” in the law on the reorganization of federal disciplinary law. In the GDR , the Labor Code (AGB) of June 1977 provided for a disciplinary punishment that could be imposed in accordance with Section 254 (1) of the AGB if someone had “culpably violated his work duties”. Then the disciplinary punishment threatened with reprimand , severe reprimand and dismissal without notice . According to Section 254, Paragraphs 2 and 3 of the General Terms and Conditions, the plant manager was responsible for disciplinary action, who had to notify the worker of the alleged violation within 5 months and to initiate disciplinary proceedings (Sections 255–257 General Terms and Conditions).
Sports
It is legally recognized that sports clubs are allowed to impose penalties on their members for violations of the club's statutes . The Reichsgericht (RG) saw as a basis the autonomy of the association to give itself rules and to pay attention to their observance. The Federal Court of Justice (BGH) took over this case law and gave the sports clubs independent authority, which the state allows. Association penalties are a means of maintaining the association rules created by the statutes. Penalties, which provides articles of association a membership to ensure obligations are club penalties and be subject to review by the court of law only in the direction that the penalty decision is in the statute a support, the prescribed procedure is respected, the penal provision right- or immoral and whether the punishment is evidently unreasonable . Club penalties range from disapproval and the exclusion of membership rights or events to a fine and exclusion from the club.
Professional athletes (such as football professionals ) are not members of their club for reasons of public benefit, but rather submit to the association regulations of the German Football Association via a license agreement . During the game ( football , handball , volleyball ) the referee can impose penalties such as free kick / free throw , penalty kick / penalty throw , yellow card , red card for violations of the rules of the game . When Hockey there is time exclusions (Minor penalty 2 minutes, Major penalty: 5 minutes, disciplinary: 10 minutes, Game Misconduct: for the rest of the game and severity of disciplinary: from the game and lock).
education
A penalty is the educator -purpose educational tool , for example when violating existing standards, because they will create the space for an orderly education. However, there are also contradicting opinions in the specialist literature : “The punishment is educationally questionable and an unsuitable educational tool because it only suppresses undesirable behavior, but does not extinguish it permanently, because it does not teach desirable behavior and because many undesirable side effects are to be feared ". As part of the upbringing , a disciplinary penalty and its consequences must be clearly and unambiguously announced so that a child knows what to expect if they break the rules. An educational effect can only be achieved if the announcement and the subsequent criminal behavior match. Typical measures shall room arrest , reduction or cancellation of pocket money , in the school censure , reprimand , detention , overtime or detention . The corporal punishment is in Germany in raising children since July 2000 because of the law banning violence in education according to § 1631 para. 2 BGB prohibited ( non-violent upbringing ).
International
In Swiss military criminal law , disciplinary sanctions - depending on the course of the proceedings - can be pronounced by the commanding officer , auditor or military tribunal - i.e. also by organs of military justice . These are not criminal sentences, but mere disciplinary measures. This is particularly evident in the fact that disciplinary penalties are not entered in the criminal record .
The disciplinary penalties are finally listed in Art. 186 ff. MStG:
The simultaneous imposition of different types of disciplinary punishment is excluded (Art. 194, Paragraph 2, MStG).
In Austria , disciplinary sanctions can be imposed for violations of certain professional groups ( civil servants , lawyers , doctors ) against their professional regulations.
See also
Individual evidence
- ^ Eduard von Schaper, Disciplinary Punishments , in: von Franz von Holtzendorff , Rechtslexikon, Volume I, 1880, p. 589
- ^ Franz von Liszt, The Criminal Legislation of the Present in a Comparative Law , Volume 2, 1894, p. 67
- ↑ Wolfgang Strietzel, The Disciplinary Law of the German Protestant Regional Churches and their Associations , 1988, p. 28
- ↑ Wito Schwanengel, The reintroduction of the professional civil service in the new federal states , 1999, p. 70
- ↑ Wito Schwanengel, The reintroduction of the professional civil service in the new federal states , 1999, p. 70
- ↑ RGZ 49, 50
- ↑ RGZ 49, 154
- ^ Friedrich-Christian Schroeder / Hans Kauffmann (eds.), Sport und Recht , 1972, p. 159
- ^ BGH, judgment of October 4, 1956, Az .: II ZR 121/55
- ^ Roland Madl, The Sport Club as a Company , 1994, p. 16
- ↑ Hendrik Heinz, Der Brockhaus Sport: Sports and Rules, Competitions and Athletes, Training and Fitness , 2007, p. 228
- ↑ Horst-Joachim Rahn, Small Dictionary for Education , 2014, p. 99
- ↑ Josef A. Keller / Felix Novak, Kleines Pedagogischesverzeichnis , 1993, p. 334
- ↑ Erich E. Geißler, Erziehmittel , 1982, p. 163
- ^ Anke Lehmann, Strafe als Erziehungsmittel , 2015, p. 35
