Unauthorized removal (military)

As Unauthorized removal , unauthorized absence ( short : EA) or Unauthorized absence is called in military affairs unjustified or illegal command removal of the troops with the intention to join the military or military service temporarily to withdraw. It is not tantamount to desertion , to (desertion), in which the intent is present permanently remove. Nevertheless, historically, this service offense was usually punished just as severely as desertion and was thus de facto treated as equal.

Germany

Historical situation

In the Wehrmacht was through the military justice NS often quite lean-driven (z. B. the attempt punished as an accomplished fact) punished and especially before the war thousands were death sentences carried out.

armed forces

In the Bundeswehr , too , the unauthorized absence from the troops is an official offense (for less than three days) or a criminal offense for more than 72 (consecutive) hours ( Section 15 of the Military Penal Act ).

§ 15 WStG (unauthorized absence):

(1) Anyone who leaves or stays away from their troops or offices without authorization and intentionally or negligently absent for more than three full calendar days will be punished with imprisonment for up to three years.

(2) Anyone who has left his unit or department outside the territorial scope of this Act and intentionally or negligently fails to contact it, another force or department of the Federal Armed Forces or an authority of the Federal Republic of Germany within three full calendar days will also be punished Report to.

Usually an unauthorized absence is through if disclosed, could disciplinary superiors of the soldiers the competent Command Authority ( Military District Command informed) that the charge of the place of residence of the soldiers at the latest after a period of three full calendar days Military Police Service command in charge of the search for the soldiers. When searching for the soldiers who work Military Police with the relevant police departments together. After the unauthorized absent soldier has been captured, he is returned to his troops.

It should be noted here that unauthorized absence in the case of repetition (usually from the fifth time) can under certain circumstances lead to desertion. The assumption is then that the unauthorized absent soldier tries to evade military service permanently through his repeated absence.

Austria

In Austria, according to Section 8 of the Military Criminal Law, an unauthorized absence is used if a soldier, even negligently, stays away from the troops for more than 24 hours and thereby evades duty.

§ 8 MilStG (unauthorized absence)

Anyone who leaves or stays away from his troops, military service or the place of residence assigned to him and thereby, even if only negligently, withdraws from service for more than twenty-four hours is subject to a prison sentence of up to six months or a fine of up to 360 daily rates but he was punished for longer than eight days with imprisonment for up to one year.

Switzerland

In Switzerland applies Unauthorized removal as military service failure according to Art. 82 and 83, military criminal law .

Web links

Art. 82 of the Swiss Military Criminal Code
Article 83 of the Swiss Military Criminal Code