Defense disciplinary attorney

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Service sign of the military disciplinary attorney from 2005 with the inscription "The military disciplinary attorney at the troop service courts North and South for the area of ​​the medical office of the Bundeswehr"

The military disciplinary attorney (WDA) is a civil servant in the higher administrative service with the qualification for judicial office (fully lawyer) who is a member of the administration of justice in the Bundeswehr .

The military disciplinary attorney investigates soldiers of the Bundeswehr who are suspected of serious misconduct and brings about the decision of the initiating authority (generally a commander of a division or comparable). If judicial disciplinary proceedings are initiated against the accused soldier and an allegation arises after the investigation has been concluded, the WDA represents the initiating authority in the main hearing before the troop service court in judicial disciplinary proceedings .

In the main office, the WDA is legal advisor (RB) in the command authority , for whose area his military disciplinary attorney is also responsible. Legal advisors / military disciplinary lawyers are called up as reservists with soldier status and work there as so-called legal adviser staff officers (RBStOffz).

As a WDA, his position is roughly comparable to that of a German public prosecutor .

In foreign assignment , there is no WDA on site. The respective military disciplinary attorney's offices in Germany are responsible for serious misconduct committed while on duty abroad.

Responsible for the use of quotas is the Judge Advocate shaft in the area of the Operations Command of the Armed Forces.

The legal basis of the WDA is primarily the Soldiers Act , the Military Disciplinary Code (WDO), in particular Sections 81 to 99 there, and the Code of Criminal Procedure , insofar as the WDO refers to them.

There are military disciplinary attorneys at almost every major military command authority (mostly from two-star general level). They are each managed as an independent service by a head who is also the first or chief legal advisor. The disciplinary superior of the RB / WDA is the respective supervisory legal advisor (DaRB).

In technical terms, the WDA are subject to the Bundeswehr disciplinary attorney at the Federal Administrative Court in accordance with Section 81 (3) WDO .