Uniforms Of The Judicial Guard Staff And Obligation Of Prison Staff To The Card Performance

Original Language Title: Uniformierung der Justizwachebediensteten und Verpflichtung der Strafvollzugsbediensteten zur Ausweisleistung

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57. Regulation of the Federal Minister of Justice on the uniformity of the judicial staff and obligations of the prison staff for the performance of the expulsion

Pursuant to Section 60 of the Civil Service Act 1979 (BDG 1979), Federal Law Gazette (BGBl). No. 333, as last amended by the Federal Law BGBl. I n ° 210/2013, and Section 23 of the Contract Law Act 1948 (VBG), Federal Law Gazette (BGBl). N ° 86, as last amended by the Federal Law BGBl. I. No 210/2013, shall be arranged:

Uniformity

§ 1. (1) The officials of the Executive Service and the guards and the contract staff of the Judicial Service shall be obliged to serve the official clothing (uniform) assigned to or with the consent of the service authority, and to carry the equipment made available in accordance with the applicable uniforms rule.

(2) In the case of appearances with external effects as representatives of the Federal Ministry of Justice, the judicial review, the execution of criminal proceedings and measures of measures or on ceremonial occasions outside the office, the wearing of a uniform representation is mandatory.

§ 2. (1) Staff of other groups of use or remuneration may, in cases where they act as representatives of the judicial system with external effect, from the service authority (staff office), in individual cases, the wearing of the representation uniform shall be authorised in accordance with their official position. This applies analogously to guest musicians and guest musicians of the Justizwachmusik.

(2) The staff referred to in paragraph 1 shall be obliged to wear the uniform in the duties covered by the authorisation.

§ 3. (1) The obligation pursuant to § § 1 and 2 shall not apply if the service branch orders for a certain group of persons or for certain uses that civil clothing is to be worn or can be worn or if an urgent official act requires the wearing of civilian clothes and a instruction cannot be obtained in good time.

(2) The approval of the service authority shall be obtained if the wearing of civil clothing is ordered for more than three months in accordance with paragraph 1.

§ 4. (1) Outside the service, the uniform shall be carried, subject to the endangering of the interests of the service, only for the relaying of the working path and on ceremonial occasions.

(2) The representation uniform may only be worn outside of the service in the cases of § 1 para. 2.

(3) Staff in retirement may, on a case-by-case basis, be allowed to participate in ceremonial occasions for the wearing of the representation uniform.

§ 5. (1) In any case, the service clothing (uniform) must not be worn,

1.

if, with regard to time, place or occasion, the interests of the service or the prestige of the judicial system could be jeopardised,

2.

in the exercise of secondary employment,

3.

before a court or an administrative authority, except as a witness of service-related perceptions,

4.

during the duration of a suspension,

5.

in the case of service exemptions, service exemptions or non-service positions within the meaning of the provisions of § § 17 to 19, 78a to 79 BDG 1979 and § § 29g to 29k VBG 1948,

6.

in the exercise of a political function and participation in political or other public manifestations, with the exception of the legal service representatives in the exercise of their function in this regard,

7.

for the duration of a Karenzurlaubes according to § § 75 to 75d BDG 1979, § § 29b to 29e VBG 1948 as well as a Karenz according to § § 15 to 15g of the Maternity Protection Act and § § 2 to 7c of the German Fathers Act of Karenz,

8.

in the case of service allocations to authorities or departments outside the Federal Ministry of Justice.

(2) The authority to wear the service clothing may, moreover, be restricted or cancelled in other justified individual cases by the service authority.

§ 6. (1) The border crossing into service clothing (uniform) and the wearing of the service clothing (uniform) abroad requires a permit from the top service authority. This shall not apply to activities which may be carried out on the basis of intergovernmental agreements on foreign territory.

(2) A permit referred to in paragraph 1 shall not be required if a staff member under § 1 is sent abroad.

(3) An obligation to obtain an authorization for the days of the service clothing (uniform) and any equipment from the authorized authority of the foreign state shall remain unaffected.

Obligation to expel

§ 7. (1) In the case of a service outside a judicial institution, the law enforcement officers shall be issued with the official identification card.

(2) The civil servants of the Executive and/or the officials of the Executive and/or the Executive Office (Uniform) Service In the case of an employment service outside a judicial institution, the security service and the contract staff of the judicial service shall only be issued with the official identification card upon request.

(3) A performance in accordance with paragraph 1 and paragraph 2 of this article may be prevented, provided that the performance of the task or the purposes of the entry in question would be jeopardizable.

Final destination

§ 8. This Regulation shall enter into force on 1 April 2014.

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