Discharging authority

An Introduction authority in Germany is a department of the Bundeswehr , the judicial disciplinary proceedings by the Military Disciplinary Code against a soldier on suspicion of a serious misconduct may initiate. It corresponds to the highest service authority , which can bring an action against civil servants in judicial disciplinary proceedings under the Federal Disciplinary Act , as well as the public prosecutor's office in criminal proceedings .

General

The initiating authority is generally the commander of a division , a superior superior or superior in a corresponding or comparable position ( Section 92 (1) No. 2 WDO ), for officers with the rank of a colonel and a corresponding rank upwards or for former soldiers the Federal Ministry of Defense ( Section 92 (1) numbers 1 and 3 WDO ).

Judicial disciplinary proceedings

The judicial disciplinary procedure is initiated by a written order from the initiating authority ( Section 93 (1) sentence 1 WDO ). If the initiating authority considers a judicial disciplinary measure to be necessary, it can also initiate judicial disciplinary proceedings if a disciplinary superior has already imposed a disciplinary measure on account of the offense or if a disciplinary measure was not permissible or appropriate and has made his decision known to the soldier ( Section 96 (1) P. 1 WDO ).

In preparation for its resolution on the initiation of judicial disciplinary proceedings, the initiating authority can request the military disciplinary attorney to conduct a preliminary investigation. If the military disciplinary attorney becomes aware of facts that lead to the imposition of a judicial disciplinary measure, he shall, without prejudice to this, initiate preliminary investigations and bring about the decision of the initiating authority ( Section 92 (1 ) sentence 1 f. WDO ).

Initiating authority has set the judicial disciplinary proceedings if a procedural impediment exists a judicial disciplinary measure is not permitted , is just cut in salary or reduction of the pension is to be expected, but these disciplinary measures may not be imposed or not there is a disciplinary offense or has not been established ( § 98 para. 1 WDO ). The initiating authority can discontinue judicial disciplinary proceedings if it deems this appropriate based on the results of the investigation or for other reasons ( Section 98 (2 ) WDO ).

If the initiating authority does not discontinue judicial disciplinary proceedings, the military disciplinary attorney submits a letter of accusation with the files to the troop service court. The allegation should present the facts in which a misconduct is seen and the evidence in an orderly manner. It may only use these facts to the detriment of the soldier to the extent that he has been given the opportunity to comment on them. Upon receipt of the allegation, the proceedings are pending at the troop service court ( Section 99 (1) WDO ).

The initiating authority may temporarily remove a soldier from service if judicial disciplinary proceedings are initiated or have been initiated against him. The ban on wearing uniforms can be combined with the provisional dismissal ( Section 126 (1) WDO ). At the same time as the provisional dismissal or later, the initiating authority can order that part, at most half, of the respective salary is withheld from the soldier if judicial disciplinary proceedings are likely to result in removal from employment or withdrawal of retirement pay ( Section 126 (2) P. 1 WDO ).

The defense disciplinary attorneys represent the initiating authorities subordinate to the Federal Ministry of Defense in judicial disciplinary proceedings. You also represent the Federal Ministry if it is the discharge authority itself. They have to comply with the request of the discharging authority ( Section 81 (2) p. 1–3 WDO ).

The soldier can apply for a decision by the troop service court against a suspension by the initiating authority. This makes the final decision ( Section 83 (4 ) sentence 1 f. WDO ). The factual findings of a final judgment in criminal or administrative fine proceedings , on which the decision is based, are binding for the initiating authority in judicial disciplinary proceedings that deal with the same facts ( Section 84 (1) sentence 1 WDO ).

Simple disciplinary procedure

If the institution of legal disciplinary proceedings commanded the competent leads disciplinary superior decision initiating authority caused ( § 41 WDO ).

Formal recognitions

The discharging authority decides on the withdrawal of formal approvals . If a higher disciplinary superior has given formal recognition, he is entitled to the decision ( Section 14 (2 ) sentence 1 f. WDO ).