Criminal arrest (Germany)
The criminal arrest in Germany is one of the Military Penal Code (WStG) for soldiers of the Bundeswehr intended form of deprivation of liberty ( § 9 para. 2 sentence 1 of the Military Penal Code). In 2015 it was imposed only twice. It differs from disciplinary arrest under the Defense Disciplinary Code (WDO).
The maximum length of detention is six months, the minimum two weeks ( Section 9 (1) WStG). In enforcement, the soldier should, as far as possible, be supported in his training ( Section 9 (2) sentence 2 WStG). The execution of criminal arrest expires in two years ( Section 9 (3) WStG).
If a fine of up to 180 daily rates is imposed for an act that a soldier has committed during the performance of the service or in relation to the service , the substitute custodial sentence is criminal arrest. One day of detention corresponds to a daily rate ( § 12 WStG).
Detention is to be recognized if, firstly, a fine is not to be recognized because special circumstances, which lie in the act or the personality of the perpetrator, require imprisonment to maintain discipline or, secondly, in the case of criminal offenses by soldiers, the imposition of a prison sentence, which is indispensable according to Section 47 of the Criminal Code (StGB), also required to maintain discipline, if a prison sentence of more than six months is not an option ( Section 12 of the WStG).
The court suspends the execution of the sentence under the conditions of § 47 Abs. 1 S 1 StGB for probation , if the maintenance of the discipline does not require the execution ( § 14a Abs. 1 S. 1 WStG).
The Federal Armed Forces Act ( BwVollzO ) applies to the execution of sentences . In enforcement, the willingness of the soldier to lead a lawful life is to be promoted, namely to fulfill his military duties ( Section 2 (1) BwVollzO). The soldier usually takes part in the service ( Section 2 (2) BwVollzO). Execution is carried out in military installations and facilities and, if the soldier is on duty, in a military unit or agency ( Section 3 (1) BwVollzO). The soldier is accommodated separately from other soldiers in a detention room, unless he is deployed outside the detention room because of his participation in the service or because of his employment ( Section 3 (2) BwVollzO).
Web links
Individual evidence
- ↑ Number of convicts continues to decline in 2015. In: https://www.destatis.de/ . Federal Statistical Office , February 9, 2017, retrieved on September 9, 2019 (After 2015, no longer separate identification of criminal arrest in the official statistics.).
