admonition
The warning is an oral or written disapproving statement about the misconduct towards a person to be disciplined and combines the declaration with the request to refrain from this misconduct in the future.
Word origin
The admonition used in monasteries and boarding schools ( Latin adhortatio , derived from the foreign word “adhortation”) instructed those affected to refrain from doing something evil . A second Latin variant of the admonition ( Latin monitum , correspondingly also German monitum ) became independent in the official language until the old high German irmanōn for "to warn" appeared in the 8th century . From 1436 the admonition was linguistically consolidated as "ermannung", and in 1451 it appeared for the first time in today's spelling.
application areas
The admonition still exists today, especially in labor law as a sanction , in the school system as an educational measure of school pedagogy , in youth criminal law and in the education of minors .
In disciplinary law , the admonition is the disapproval of behavior contrary to the employment contract or a mistake by the employee that does not contain a warning function. In disciplinary law, the employer has an ascending catalog of sanctions available, which begins with the admonition as the mildest form. The employer will choose the admonition if the breach of duty is not serious. This is followed by the official reprimand , the fine and the warning . In contrast to the warning, the warning only issues a warning , while the warning threatens to have consequences under labor law such as termination . The disciplinary measure under labor law can also be pronounced orally by the disciplinary superior, but the more conclusive written form enables it to be attached to the personal file . The admonition also occurs in civil service law , especially in the event of a breach of official duty . It is a disapproving statement by the supervisor that does not constitute a disciplinary measure ( Section 6 of the Federal Disciplinary Act and corresponding provisions of the federal states, for example Article 7 of the Bavarian Disciplinary Code, Section 6 of the Disciplinary Act of North Rhine-Westphalia). A judge can be admonished by way of official supervision ( Section 26 (2) of the German Judges Act ). Notaries can also be issued a warning in the event of a lighter type of improper behavior ( Section 75 of the Federal Notary Code ).
In the school system, the admonition in accordance with Section 53 (1) SchulG NRW serves the educational effect on the orderly teaching and educational work of the school as well as the protection of people and property. It is in violation of the compulsory education of the students used. Also in § 53 Abs. 2 SchulG NRW an ascending catalog of educational influences is listed, to which the admonition belongs. The warning is given orally, because according to Section 53, Paragraph 9 of the NRW School Act, only regulatory measures require the written form.
In the area of bringing up minors, the admonition is a measure belonging to personal care within the meaning of Section 1631 of the German Civil Code . In juvenile criminal law, it is provided as an informal reprimand by which the juvenile judge admonishes the juvenile to fulfill obligations that have not been complied with ( Section 45 (3 ) of the Youth Courts Act ). Unlike the warning, the admonition in juvenile criminal law is not a discipline .
In civil and criminal proceedings, there is what is known as the truth warning , in which the witness is warned about the truth by the judge before his interrogation , advised of the possibility of swearing and instructed about the consequences of an incorrect or incomplete statement ( Section 395 (1) Code of Civil Procedure or . § 57 Code of Criminal Procedure ).
See also
Literature on juvenile criminal law
- Rudolf Pfohl: juvenile judge admonitions. Scope and later delinquency . Verlag Otto Schwartz, Göttingen 1973, ISBN 3-509-00618-6 , ( Criminological Studies 15), (Also: Hamburg, Univ., Diss.).
Web links
Individual evidence
- ↑ Wilhelm Traugott Krug, General Concise Dictionary of Philosophical Sciences together with their literature and history , Volume 10, 1829, p. 2
- ↑ Gerhard Köbler , Etymological Legal Dictionary , 1995, p. 114
- ^ Friedrich Hektor Hundt , Die Urkunden des Kloster Indersdorf , Volume I, 1863, p. 256
- ↑ Ralph Jürgen Bährle, Praxishandbuch Arbeitsrecht , 2004, p. 77
- ↑ Carl Creifelds , Creifelds Legal Dictionary , 2000, p. 419
