Troop Service Court

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The troop service courts ( TDG ), as the federal courts of first instance, decide in the matters relating to the armed forces assigned to them according to the Military Disciplinary Code ( WDO ) and the Military Complaints Code ( WBO ) .

In Germany there is currently the North Troop Service Court , based in Münster, and the South Troop Service Court , based in Munich .

The jurisdiction of the Troop Service Court North is subject to all departments of the Bundeswehr that are based in Berlin , Brandenburg , Bremen , Hamburg , Mecklenburg-Western Pomerania , Lower Saxony , North Rhine-Westphalia with the exception of the administrative districts of Cologne , Saxony-Anhalt and Schleswig-Holstein . The troop service court south is subordinate to the offices with seat in Baden-Württemberg , Bavaria , Hessen , in the administrative region Cologne , in Rhineland-Palatinate , in Saarland , in Saxony and in Thuringia ; it is also responsible for units and departments located abroad. In addition to the two chambers at its headquarters in Münster, the Troop Service Court North has other foreign chambers in Hamburg (3rd, 4th), Potsdam (5th, 6th) and Koblenz (7th, currently vacant). In addition to the two chambers at its headquarters in Munich , the Troop Service Court South has other external chambers in Koblenz (3rd, 4th), Erfurt (5th, 6th) and Potsdam (7th, currently vacant). The former foreign chambers in Oldenburg , Kassel and Regensburg were dissolved with effect from July 1, 2006 and the former foreign chambers in Hanover and Karlsruhe with effect from September 1, 2012.

The legal basis for the establishment of troop service courts and their foreign chambers is Section 69 Paragraphs 1 and 2 of the Military Disciplinary Code in conjunction with the Ordinance on the Establishment of Troop Service Courts of May 16, 2006 ( Federal Law Gazette I p. 1262 - no longer in force) and the ordinance on Regulation of the service areas of the troop service courts and the formation of troop service chambers from July 1, 2020 ( Federal Law Gazette I p. 1602 ). The latter replaced the ordinance of August 15, 2012 ( Federal Law Gazette I p. 1714 ).

The troop service courts are part of the administration of justice of the Federal Ministry of Defense . They act as service courts for disciplinary proceedings against soldiers and for proceedings on complaints from soldiers. They negotiate regularly in the cast with a civil professional judge and two soldiers as honorary judges ; one of the soldiers must belong to the rank group of the accused or complaining soldier .

Equivalent military criminal courts may acc. Article 96 (2) sentence 2 GG exercise jurisdiction only in the event of a defense and over members of the armed forces who are sent abroad or embarked on board of warships. However, the legislature has not yet made use of this option; Rather, the ordinary courts are responsible .

Since the troop service courts are disciplinary courts , it can happen that a case for a criminal offense is heard both in an ordinary court and for a simultaneous violation of military duties before the troop service court. If this results in a double conviction, it is not a violation of the prohibition of double punishment ( ne bis in idem ). The reason for this is that the punishment is carried out by an ordinary court for retaliation and prevention, while the proceedings before the troop service court are primarily for educational purposes.

As far as the decisions of the troop service courts can be challenged with legal remedies , the 1st or 2nd Military Service Senate of the Federal Administrative Court in Leipzig (until 2002 Munich ) will decide .

history

The first version of the WDO of March 18, 1957 ( Federal Law Gazette I p. 189 ) provided in Section 51 that the Federal Minister of Defense set up the troop service courts by ordinance and determine their seat and service area. This then issued the ordinance on the establishment of troop service courts of April 29, 1957 ( Federal Law Gazette 1957 I p. 401 ). A troop service court was set up for three military area commands and each corps of the army, and a chamber for each army division . Seat of the chambers was basically the headquarters of the military district commands and the staff of the division.

Originally there were five military service courts in 1957; In 1959 a sixth was added:

In 1972 these were replaced by the troop service courts north (Münster), center (Koblenz) and south (Ulm).

In 1992 the TrDG Mitte was dissolved and in 1997 the headquarters of the TrDG Süd moved to Munich.

Individual evidence

  1. ↑ BVerfGE 21, 378 (1967)
  2. ^ Ordinance on the seat of the military service senate of August 30, 1957 ( Federal Law Gazette I p. 1330 ); Ordinance on the date of relocation of the seat of the Federal Administrative Court from Berlin to Leipzig of June 24, 2002 ( Federal Law Gazette I p. 2371 )
  3. ^ Ordinance on the establishment of troop service courts of April 29, 1957 ( Federal Law Gazette I p. 401 ); 1st amendment ( BGBl. 1958 I p. 418 ); 2nd amendment ( BGBl. 1959 I p. 232 ); 3rd amendment ( BGBl. 1962 I p. 729 ); 4th amendment ( BGBl. 1963 I p. 866 ); 5th amendment ( BGBl. 1967 I p. 358 ); 6th amendment ( BGBl. 1967 I p. 625 ); 7th amendment ( BGBl. 1969 I p. 2352 ); 8th amendment ( Federal Law Gazette 1970 I No. 82 ); 9th amendment ( Federal Law Gazette 1970 I p. 1333 )
  4. ^ Ordinance on the establishment of troop service courts of November 24, 1972 ( Federal Law Gazette I p. 2154 ); 1st amendment ( BGBl. 1975 I p. 1438 ); 2nd amendment ( BGBl. 1978 I p. 1573 ); 3rd amendment ( BGBl. 1986 I p. 1548 ); 4th amendment ( BGBl. 1987 I p. 1211 ); 5th amendment ( BGBl. 1990 I p. 2161 ); 6th amendment ( Federal Law Gazette 1991 I p. 1430 )
  5. ↑ Ordinance on the establishment of troop service courts of August 20, 1992 ( Federal Law Gazette I, p. 1579 )
  6. ↑ Ordinance on the establishment of troop service courts of November 5, 1997 ( Federal Law Gazette I p. 2690 )