Disciplinary proceedings
The disciplinary procedure is a procedure in which a possible misconduct by civil servants , soldiers or judges is examined and, if necessary, sanctioned. The legal basis in Germany is the Federal Disciplinary Act (BDG) or the respective state regulations applicable to state officials .
Public service workers are not covered by these provisions. The normal sanctions of labor law such as warnings and extraordinary dismissals apply to them .
Disciplinary proceedings against officials and judges
If facts become known that justify the suspicion of an official offense , the supervisor initiates disciplinary proceedings and initiates the investigations required to clarify the matter. After the investigation is complete, the line manager must use his due discretion to decide whether to discontinue the disciplinary proceedings or to impose disciplinary measures.
A breach of duty exists if the civil servant culpably breaches the duties incumbent on him (see Section 77 (1) of the Federal Civil Service Act ). This does not only include breaches of duty within the service. Serious misconduct in the private sphere can also trigger disciplinary proceedings (e.g. pending criminal proceedings / fine proceedings ) if the offense raises doubts about personal suitability (e.g. if a police officer is convicted of bodily harm ) or is likely to affect the reputation of the Damaging the civil service.
The official must be informed of the initiation of disciplinary proceedings. He must be informed about the wrongdoing that he is charged with. At the same time, he is to be informed that he is free to express himself orally or in writing or not to testify on the matter and to use an authorized representative or assistance at any time .
The civil servant can, however, also apply to the superior or the higher-ranking superior to initiate disciplinary proceedings against himself in order to relieve himself of the suspicion of an official offense or to initiate an investigation against a third party in this indirect way.
The catalog of possible disciplinary measures is precisely defined. Possible measures are:
- Official reference
- fine
- Reduction of salaries
- Demotion (transfer to an office in the same career with a lower final basic salary)
- Removal from service
- Reduction of the pension
- Withdrawal of retirement pension
For civil servants on probation or for revocation, only reprimands and fines are permitted, for honorary officers only reprimands, fines and removal from service, for retired officials only the reduction of the pension and the withdrawal of the pension.
Disapproving statements that are not expressly marked as a reference are not a disciplinary measure.
The revocation of the examination license from university teachers (in professional circles a humiliation) is not a legally stipulated measure.
If a reprimand, a fine, a reduction in salary or a reduction in the pension is indicated, such a measure will be issued by a disciplinary order .
If the civil servant is to be recognized for demotion, removal from the civil service or for the withdrawal of his pension, a disciplinary action must be brought against him . The administrative jurisdiction is responsible. Chambers have been set up in the administrative courts and senates for disciplinary matters in the higher administrative courts.
Disciplinary law for soldiers
The following measures can be imposed:
- simple disciplinary measures:
- Reprimand (reprimand is announced to the soldier)
- Strict reprimand (reprimand is made known to soldiers of the same rank and higher in rank)
- Disciplinary fine
- Exit restriction
- Disciplinary arrest (3 days to 3 weeks)
- judicial disciplinary action
- Reduction of salaries
- Ban on carriage
- Reduction in grade
- Downgrading
- Removal from employment
- Reduction of the pension
- Withdrawal of retirement pension
Simple disciplinary measures may be used by disciplinary superiors and the troop service courts are imposed as part of judicial disciplinary proceedings, judicial disciplinary action only by the troop service courts.
If the misconduct is also a criminal offense (e.g. simple bodily harm, damage to property ), the disciplinary superior can inform the public prosecutor if this is necessary to maintain military order or because of the nature of the offense or the guilt of the perpetrator. If it is an official offense (e.g. dangerous bodily harm , drunk driving, manslaughter ), the public prosecutor must be informed. The disciplinary procedure is then carried out after the criminal procedure. Was the misconduct is a military offense (z. B. degrading treatment, desertion , mutilation) committed, it must also be the prosecutor be informed.
More information on the soldiers' disciplinary procedure can be found under Military Disciplinary Code .
Disciplinary law for prisoners
See the detailed article under Disciplinary Law (there: "Prison").
See also
literature
- Ernst-Albrecht Schwandt: (Claussen / Benneke / Schwandt) The Disciplinary Procedure - Guide 6th edition 2010, Heymanns, ISBN 978-3-452-27232-4
- Franz Werner Gansen: Disciplinary Law in the Federation and the States - Comment. R. v. Decker, ISBN 978-3-7685-3043-9
