Federal Disciplinary Law

Original Language Title: Bundesdisziplinargesetz

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Federal disciplinary law (BDG)

Non-official table of contents

BDG

Date of issue: 09.07.2001

Full quote:

" Federal disciplinary law of 9. July 2001 (BGBl. 1510), as last amended by Article 8 of the Law of 6. March 2015 (BGBl. I p. 250) has been changed "

:Last modified by Art. 8 G v. 6.3.2015 I 250

For details, see Notes

Footnote

(+ + + Text evidence from: 1.1.2002 + + +)

The G Article 1 G 2031-4/1 v. 8.7.2001 I 1510 (BDNOG) closed by the Bundestag. It occurs gem. Article 27 (1), third sentence, of this G in force on 1 January 2002. unofficial table of contents

content overview

Time-to-Time
Part 1
General Provisions
§ 1 Personal scope
§ 2Scope of application
§ 3Supplementary application of the Administrative Procedure Act and the Administrative Court Order
§ 4 bid of acceleration
Part 2
Disciplinary Measures
§ 5Types of Disciplinary Measures
§ 6Reference
§ 7fines
§ 8Remuneration Reduction
§ 9Reaction
§ 10Distance from the civil service ratio
§ 11Reduction of the Retirement pension
§ 12Revocation of the retirement pension
§ 13 Disciplinary Measure Dimensioning
§ 14Admissibility of Disciplinary Measures by Straf-or Fines Procedure
§ 15Disciplinary Action Ban
§ 16Verwertungsprohibition, Removal from the Personnel Act
Part 3
Public Disciplinary Procedure
Chapter 1
Introduction, extension and limitation
§ 17 Introduction from officiation
§ 18Introduction at the request of the official
§ 19Extent and Restriction
Chapter 2
execution
§ 20 Information, instruction and consultation of the official
§ 21obligation to carry out investigations, exceptions
§ 22Meeting of disciplinary proceedings with criminal proceedings or other procedures, suspension
§ 23Binding to actual findings from criminal proceedings or other procedures
§ 24 Bear Survey
§ 25Witnesses and Experts
§ 26Documents issue
§ 27Seizure and searches
§ 28Protocol
§ 29Inner Services Information
§ 30Closing Hearing
§ 31 Disciplinary Procedure Submission
Chapter 3
Completion Decision
§ 32Settings Guide
§ 33Disciplinary Decree
§ 34Survey the disciplinary situation
§ 35Limits to the re-exercise of disciplinary powers
§ 36Procedure in case of a subsequent decision in the criminal or penal procedure
§ 37 Costing duty
Chapter 4
Preliminary service removal and deductions
§ 38 Admissibility
§ 39Legal Impacts
§ 40 Decay and repayment of retained amounts
Chapter 5
contradiction
§ 41 The necessity, form and time limit of the appeal
§ 42Appoke notice
§ 43Limits of reexercise of disciplinary powers
§ 44 Costing duty
Part 4
Judgment Discipline Method
Chapter 1
Disciplinary Jurisdiction
§ 45Administrative Jurisdiction Jurisdiction
§ 46Discipline Board
§ 47 Beamtenbeisitzer
§ 48Exclusion from the exercise of the judge's office
§ 49Non-thermal education of a civil servant's seat
§ 50Disengagement of the Office of the Officer's Guide
§ 51Disciplinary Matters Senate
Chapter 2
disciplinary proceedings before the administrative court
Section 1
Clay procedure
§ 52Clay collection, form and deadline
§ 53Nightcycle disciplinary situation
§ 54officer's information
§ 55Defects of Disciplinary Proceedings or the Klageschrift
§ 56 Restriction of disciplinary procedure
§ 57Binding to actual findings from others Procedure
§ 58Taking of evidence
§ 59 Decision by decision
§ 60Oral proceedings, decision by judgment
§ 61Limits to reexercise of disciplinary powers
Section 2
Special Procedures
§ 62 Request for court failure
§ 63Application for suspension of the preliminary service release and the deduction of references
Chapter 3
Disciplinary Proceedings before the Higher Administrative Court
Section 1
vocation
§ 64 Statliability, form and deadline of appeal
§ 65Appeal procedure
§ 66Oral negotiation, decision by judgment
Section 2
complaint
§ 67 Statliability, form and time limit of the complaint
§ 68Supreme Administrative Court decision
Chapter 4
Disciplinary Proceedings before the Federal Administrative Court
§ 69Form, deadline and approval of the revision
§ 70Revision Procedure, Decision on Revision
Chapter 5
Resuming of the Judicial Disciplinary Proceedings
§ 71Readmission reasons
§ 72Inadmissibility of the Resume
§ 73Deadline, Procedure
§ 74 Decision by decision
§ 75Oral proceedings, decision of the court
§ 76Legal Impacts, Compensation
Chapter 6
Cost
§ 77 Costs and reimbursable costs
§ 78Courts Cost
Part 5
Maintenance contribution, maintenance, and pardon
§ 79Maintenance contribution at a distance from the civil service relationship or when the retirement pension is withdrawn
§ 80 Maintenance of assistance to detect offenses
§ 81pardon
Part 6
Specific provisions for individual beamer groups and for Retirement officers
§ 82Federal Police enforcement officers
§ 83 Officials of the federal corporations, institutions and foundations of public law
§ 84 exercise of disciplinary powers at retirement officers
Part 7
Transitional and final specifications
§ 85Transitional provisions
§ 86Administrative regulations
Asset (to § 78) Charge

Part 1
General Provisions

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§ 1 Personal Scope

This law applies to civil servants and retirement officers within the meaning of the Federal Civil Service Act. Until the end of this reference, former officials who receive maintenance contributions under the provisions of the Civil Service Act or corresponding previous regulations shall be deemed to be retirement officials, their remuneration as a retirement pension. Former officials who are entitled to an old-age pension, even where the claim is based, shall be deemed to be a retirement officer, and the pension shall be considered as a retirement pension. Non-official table of contents

§ 2 Scope of application

(1) This law applies to
1.
officials committed during their civil service relationship (§ 77 para. 1 of the Federal Officials Act) and
2.
retired civil servants
a)
during their civil service contract (Section 77 (1) of the Federal Officials Act) and
b)
After retirement, acts committed as service offences (Section 77 (2) of the Federal Civil Service Act).
(2) For civil servants and retired civil servants, the In the past, in another service relationship, as civil servants, judges, professional soldiers or soldiers, this law shall also apply in respect of such service contracts which they have in the former service relationship or as a person entitled to a pension from a In the case of those who are expelled and dismissed from such a service, acts which are referred to in Section 77 (2) of the Federal Civil Service Act shall also be deemed to be a service. The application of this law does not preclude a change of the Dienstherrn.(3) For civil servants who perform military service in the course of a military exercise, exercise, special use abroad, assistance in the interior or assistance abroad, this law shall also apply in respect of such service contracts which are carried out during the course of the Military service has been committed if the conduct constitutes a misconduct both in terms of both the law and the civil service. Non-official table of contents

§ 3 Supplementary application of the administrative procedure law and the administrative court order

To supplement this Law shall apply in accordance with the provisions of the Administrative Procedure Act and the Administrative Court Rules in so far as they are not in contradiction to the provisions of this Act or insofar as they do not otherwise comply with the provisions of this Act. is determined. Unofficial Table Of Contents

§ 4 Bid of Acceleration

Discipline procedures are accelerated.

Part 2
Disciplinary Action

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§ 5 Types of Disciplinary measures

(1) disciplinary measures against civil servants are:
1.
Reference (§ 6)
2.
Cash (§ 7)
3.
Remuneration Reduction (§ 8)
4.
Regrading (§ 9) and
5.
Distance from the civil service ratio (§ 10).
(2) Disciplinary measures against retirees are:
1.
Reduction of retirement pension (§ 11) and
2.
Rejection of the retirement pension (§ 12).
(3) Officers on rehearsals and officers on revocation can only be given references and fines imposed. § 34 (1) (1) and (3) and section 37 of the Federal Civil Service Act (Bundesbeamtengesetz) shall apply to the dismissal of officials on trial and officials for revocation on the grounds of a service failure. Non-official table of contents

§ 6 Reference

The reference is the written diaper of a specific behavior of the official. Dismissive statements (referrals, admonitions or reprimand), which are not expressly referred to as reference, are not disciplinary measures. Non-official table of contents

§ 7 fines

The fine can be imposed up to the amount of the official's monthly service or prospect of a person's wartime. If the official has no remuneration, the fine may be imposed up to the amount of 500 euro. Non-official table of contents

§ 8 Remuneration Reduction

(1) The reduction in the salaries is the gross reduction in monthly salaries. Officials ' salaries of not more than one fifth over a maximum of three years. It shall cover all the offices held by the official at the time when the decision is indisputable. If the official has acquired a pension from an earlier public service contract, the pension shall remain unaffected by the reduction in the remuneration.(2) The reduction in the remuneration shall begin with the calendar month following the entry of the unquestionability of the decision. If the official retires before the decision is indisputable, a corresponding reduction in the retirement pension (§ 11) shall be deemed to have been fixed. If the official retires during the period of reduction of the remuneration, his retirement pension shall be reduced in accordance with the remuneration for the same period. Death fees and widows and orphans ' money will not be reduced.(3) The reduction in remuneration shall be inhibited as long as the official is on a leave of absence of remuneration. However, for the duration of his leave of absence, he may pay the amount of the reduction in advance to the person's office; the duration of the reduction in the remuneration after the end of the leave of absence is reduced accordingly.(4) As long as his remuneration is reduced, the official shall not be promoted. The time period may be abbreviated in the decision, provided that this is indicated in the light of the duration of the disciplinary procedure.(5) The legal consequences of the reduction of the remuneration also cover a new civil service relationship. In the case of application of paragraph 4, the adjustment or employment shall be the same in a higher than the previous office of transport. unofficial table of contents

§ 9 reclassification

(1) The downgrade is the transfer of the official to an office of the same career with less Final salary. The official shall lose all the rights from his former office, including the remuneration associated with it, and the power to carry out the previous term of office. Unless otherwise specified in the decision, the regrading shall also end the honorary offices and ancillary activities of the official in connection with the previous office or at the request, proposal or instigation of his The service provider has taken over.(2) The remuneration from the new office shall be paid from the calendar month following the entry of the unquestionability of the decision. If the official retires before the decision is indisputable, he shall receive pension benefits in accordance with the grade specified in the decision.(3) The official may not be promoted at the earliest five years after the entry into question of the indispuability of the decision. The time period may be shortened in the decision, provided that this is indicated with regard to the duration of the disciplinary procedure.(4) The legal consequences of the reclassification shall also extend to a new civil servant relationship. In the case of paragraph 3, the position or employment in a higher office than the one in which the official has been stepped up shall be equal to the promotion. Non-official table of contents

§ 10 Distance from the civil service relationship

(1) The service ratio ends with the distance from the official relationship. The official loses the right to remuneration and supplies, as well as the power to lead the title and the title given in connection with the office and to wear the service clothing.(2) The payment of the remuneration shall be adjusted by the end of the calendar month in which the decision becomes indisputable. If the official retires before the decision on the removal from the civil service becomes undisputable, the decision shall be deemed to be a disqualification of the pension.(3) The civil servant who is removed from the civil service shall receive a maintenance fee of 50% of the remuneration for the duration of six months, which shall be entitled to him in the event of the invalidity of the decision; a retention of Remuneration in accordance with § 38 (2) remains unaccounted for. The grant of the maintenance fee may be completely or partially excluded in the decision, in so far as the official is not in need of his or her unworthy or the recognizable circumstances. It may be extended in the decision beyond six months to the extent that this is necessary in order to avoid undue hardship; the official has to make the circumstances credible. The special provisions of § 79 shall apply to the payment of the maintenance fee.(4) The distance from the civil servant's relationship and its legal consequences shall extend to all the offices held by the official at the time the decision is indisputable.(5) If an official who has previously been in a different service relationship in the Federal Service is removed from the civil service relationship, he shall also lose the claims from the former service relationship if this disciplinary action is due to a It is pronounced in the former service relationship.(6) Where a civil servant has been removed from the civil service, he shall not be re-appointed to the official; nor shall any other employment relationship be established. Non-official table of contents

§ 11 Reduction of retirement pension

The reduction in retirement pension is the gross reduction in the monthly pension of retirees by a maximum of one fifth over a maximum of three years. § 8 (1) sentence 2 and 3 as well as (2) sentences 1 and 4 shall apply accordingly. Non-official table of contents

§ 12 Aberdening of the retirement pension

(1) With the withdrawal of the retirement pension, the retired civil servant loses the right to supply including survivor's supply and the power to lead the designation of office and the titles awarded in connection with the former post.(2) After the revocation of the pension, the retired officer shall receive a maintenance fee of 70 per cent of the retirement pension for the period of six months at the latest, until a pension is granted on the basis of a supplementary insurance scheme. if the decision is indisputable, a reduction in the pension pursuant to section 38 (3) shall not be taken into account. Section 10 (3) sentences 2 to 4 shall apply accordingly.(3) The withdrawal of the retirement pension and its legal consequences shall cover all the posts which the retired civil servant has held on retirement.(4) Section 10 (2) sentence 1 and (5) and (6) shall apply accordingly. Unofficial Table Of Contents

§ 13 Disciplinary Action Dimensioning

(1) The decision on a disciplinary measure shall be taken in accordance with the requirements of the Discretion. The disciplinary measure shall be calculated on the basis of the seriousness of the service. The personal image of the official shall be duly taken into account. In addition, account should be taken of the extent to which the official has impaired the confidence of the servant or of the general public.(2) An official who has lost the confidence of the servant's office or the general public by means of a serious misdeed shall be removed from the civil servant's relationship. The retirement officer shall be removed from the retirement pension if he or she should have been removed from the service of civil servants as an official still in service. Non-official table of contents

§ 14 Admissibility of disciplinary measures by criminal or fines procedure

(1) Is against an official in the criminal or penal code A fine, a fine or a disciplinary measure has been imposed in an indisputable manner, or in accordance with Section 153a (1) sentence 5 or 2 sentence 2 of the Code of Criminal Procedure after the fulfilment of conditions and instructions, no more than a crime
1.
a reference, a fine or a reduction in the amount of the retirement pension,
2.
a reduction of the remuneration only if this is necessary in addition to the civil servants ' salary.
() If the official has been acquitted in a legally binding manner in the criminal or penal proceedings, a disciplinary measure may only be subject to disciplinary action on account of the facts which have been the subject of the court decision. , if the facts of the case constitute a misdeed, without complying with the facts of a criminal or fine-law procedure. Non-official table of contents

§ 15 Disciplinary Action Ban for Time-to-Time

(1) Have been more than two years since the completion of a service a reference may no longer be granted.(2) Where more than three years have elapsed since the completion of a service, a fine, a reduction in remuneration or a reduction in the retirement pension shall no longer be pronounced.(3) If more than seven years have elapsed since the completion of a service period, no further recognition may be granted to reclassification.The time-limits set out in paragraphs 1 to 3 shall be determined by the initiation or extension of the disciplinary procedure, the imposition of the disciplinary situation, the imposition of the supplementary disciplinary situation, or the arrangement or extension of investigations against civil servants. Trial and official dissent for revocation pursuant to § 34 (3) sentence 2 and section 37 (1) in connection with § 34 (3) sentence 2 of the Federal Civil Service Act.(5) The time limits laid down in paragraphs 1 to 3 shall be suspended for the duration of the opposition proceedings, the judicial disciplinary procedure, for the duration of a suspension of the disciplinary proceedings pursuant to § 22 or for the duration of the participation of the Staff Council. If, before the expiry of the period, a criminal or fine procedure has been initiated on the same facts or a complaint has been brought from the civil service relationship, the time limit for the duration of this procedure shall be inhibited. Non-official table of contents

§ 16 Verwertungsprohibition, Removal from the Personnel Act

(1) A reference may be made after two years, a fine, a reduction the remuneration and a reduction in the pension may not be taken into account after three years and a reclassification after seven years in the case of further disciplinary measures and other personnel measures (prohibition of exploitation). The official shall be deemed not to have been affected by the disciplinary action after the entry into force of the prohibition of exploitation.(2) The time limit for the prohibition of exploitation shall begin as soon as the decision on the disciplinary action is unquestionable. It does not end as long as a criminal or disciplinary procedure initiated against the official is not indisputably concluded, another disciplinary measure may be taken into account, a decision on the reduction of the remuneration not yet being taken into account. is subject to enforcement or a court proceedings concerning the termination of the civil service relationship or the assertion of compensation for damages against the official.(3) Entry in the personnel file on the disciplinary measure shall be removed from office after the prohibition of exploitation and destroyed. The Rubrum and the decision formula of a final judicial decision, which has been recognized for a reclassification, remain in the personnel file. In doing so, the name of other parties and the authorised representative are to make the names of the judges as well as the cost decision unrecognizable. At the request of the official, the distance shall not be removed or shall be kept separate. The application shall be submitted within one month after the official has been notified of the removal and has been informed of his/her right of application and of the time limit for application. If the application is filed or remains in the form of a rubrum and a decision-making formula of a final judicial decision under sentence 2 in the personnel file, the prohibition of exploitation of the entries shall be noted.(4) Paragraphs 1 to 3 shall apply mutatily to disciplinary proceedings which have not resulted in disciplinary action. The time limit for the prohibition of exploitation is, if the disciplinary procedure is set in accordance with § 32 (1) No. 1, three months and, incidentally, two years. The period shall begin with the entry of the unquestionability of the decision which concludes the disciplinary procedure, by the way, with the date on which the service superior responsible for initiating the disciplinary proceedings is sufficient to enrich the where there is real evidence justifying the suspicion of a miserable service.(5) § 112 (1) sentence 1 no. 2, sentence 2 and 3 of the Federal Civil Service Act shall apply to the removal and destruction of disciplinary proceedings which have resulted in a deplorable utterance.

Part 3
Official Disciplinary Procedure

Chapter 1
Introduction, Extent and Restriction

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§ 17 initiation of officiality

(1) Sufficient actual clues justifying the suspicion of a service breach has the The service provider is duty-bound to initiate disciplinary proceedings. The higher service supervisors and the supreme service authority shall ensure, within the framework of their supervision, the performance of this duty; they may at any time draw the disciplinary proceedings in themselves. The introduction is to be informed.(2) If it is to be expected that a disciplinary measure will not be taken into consideration in accordance with § § 14 and 15, a disciplinary procedure will not be initiated. The reasons are to be informed and to be known to the official.(3) If a civil servant holds two or more positions not in relation to the principal, and the service officer in which one of these offices belongs, intends to initiate disciplinary proceedings against him, he shall inform this shall be the responsibility of the officers responsible for the other offices. A further disciplinary procedure may not be initiated against the official on the same facts. If a civil servant holds two or more posts in relation to the main office, only the service officer can initiate disciplinary proceedings against him, who is responsible for the main office.(4) The responsibilities referred to in paragraphs 1 to 3 shall not be affected by a leave of absence, a secondhand or an assignment. In the case of a secondhand, the obligation arising out of paragraph 1 shall be transferred to the new service supervisors in respect of the misconduct committed during the secondation, in so far as the new service supervisors does not leave their exercise to the other service supervisors or to the extent that: nothing else is determined. Non-official table of contents

§ 18 Introduction at the request of the official

(1) The official may be assigned to the service officer or to the senior service officer. request the initiation of disciplinary proceedings against themselves, in order to relieve themselves of the suspicion of a service.(2) The application may only be rejected if there are no sufficient actual indications justifying the suspicion of a miserable service. The decision shall be notified to the official.(3) Section 17 (1) sentence 2, second half sentence and sentence 3, as well as (3) and (4) shall apply accordingly. Non-official table of contents

§ 19 Extension and restriction

(1) The disciplinary procedure can be applied until a decision is issued in accordance with § § 32 to 34. be extended to new acts that justify the suspicion of a service offence. The extension is to be made actenkundig.(2) The disciplinary procedure may be restricted until the adoption of a decision in accordance with § § 32 to 34 or a notice of opposition in accordance with § 42, by excreting such acts, which are to be expected for the type and amount of the expected Disciplinary action is not expected to be in weight. The restriction is to be informed. The dissent may not be included in the disciplinary procedure, unless the conditions for the restriction are retrospected. If the discernable actions are not included again, they cannot be the subject of a new disciplinary procedure after the unquestionable conclusion of the disciplinary procedure.

Chapter 2
Performing

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§ 20 Information, information and consultation of the official

(1) The official shall be informed of the To immediately notify the disciplinary proceedings as soon as this is possible without endangering the facts. In doing so, he is to open up the service that he is charged with. At the same time, it must be pointed out that it is free to express or not to express itself orally or in writing, and to use an authorised representative or an adviser at any time.(2) A period of two weeks shall be set for the purpose of issuing a written statement to the official for a period of one month and for the submission of the declaration to speak orally. If the official has declared in due time to wish to speak orally, the hearing shall be carried out within three weeks of the date of receipt of the declaration. If, for compelling reasons, the official is prevented from complying with a period laid down in the first sentence or following a summons to the oral proceedings, and if he has immediately informed him of this, the relevant time limit shall be extended or he shall be reloaded. The time limits and charges shall be sent to the official.(3) If the information provided for in the second sentence of paragraph 1 and the third sentence of paragraph 1 is not or is incorrect, the statement of the official shall not be used to the detriment of his/her disadvantage. Non-official table of contents

§ 21 obligation to carry out investigations, exceptions

(1) To clarify the facts, the necessary information is required To carry out investigations. In doing so, the load-bearing, the relieving and the circumstances which are important for the assessment of a disciplinary measure are to be determined. The higher service supervisor and the top service authority can pull the investigation into themselves.(2) The investigation shall be subject to investigation, in so far as the facts are based on the actual findings of a final judgment in the criminal or penal proceedings or in the administrative court proceedings, by means of which according to § 9 of the Federal Law on Enforcement of the Law the loss of remuneration has been decided by the service in the event of a culpable lack of service. Investigations may also be carried out, in so far as the facts have been clarified in any other way, in particular following the implementation of another legally-ordered procedure. Non-official table of contents

§ 22 Conjunction of disciplinary proceedings with criminal proceedings or other procedures, suspension

(1) The disciplinary proceedings shall be suspended for officials on the basis of the facts on which the disciplinary proceedings are based, the public action being brought in the criminal proceedings. The suspension shall not be suspended if there are no reasonable doubts as to the facts of the case or if, for reasons relating to the criminal proceedings, it cannot be negotiated for reasons which lie in the person of the official.(2) The disciplinary procedure laid down in the first sentence of paragraph 1 shall be continued without delay if the conditions set out in the second sentence of paragraph 1 arise subsequently, at the latest with the final conclusion of the criminal proceedings.(3) The disciplinary procedure may also be suspended if a question is to be decided in another law-based procedure, the assessment of which is essential to the decision in the disciplinary procedure. The second sentence of paragraph 1 and paragraph 2 shall apply accordingly. Non-official table of contents

§ 23 Binding to actual findings from criminal proceedings or other procedures

(1) The actual findings a final judgment in the criminal or penal proceedings or in the administrative court proceedings, which have been decided on the service pursuant to Section 9 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) on the loss of remuneration in the case of debt-rightful long-distance stay in the disciplinary proceedings relating to the same subject matter.(2) The actual findings made in another legally ordered procedure are not binding, but may be based on the decision in the disciplinary procedure without re-examination. Non-official table of contents

§ 24 Evidence survey

(1) The evidence required is to be collected. In particular,
1.
can be obtained from written service information,
2.
Witnesses and experts are heard or their written utterance is obtained,
3.
Prizes and Files as well as
4.
will be taken by the eye.
(2) Niederschriften on statements of persons already in another legally ordered Proceedings have been taken, as well as transcripts of a judicial review may be used without renewed evidence.(3) A request for proof by the official shall be decided in accordance with the discretion of the person. The request for proof shall be accepted in so far as it may be of importance for the question of facts or guilt or for the assessment of the nature and amount of a disciplinary measure.(4) The official shall be given the opportunity to participate in the hearing of witnesses and experts, as well as to take part in the taking of the eye, and to ask relevant questions. It may be excluded from participation, insofar as this is necessary for important reasons, in particular with regard to the purpose of the investigation or the protection of the rights of third parties. A written opinion shall be made available to him, unless there are compelling reasons to prevent him from doing so. Non-official table of contents

§ 25 Witnesses and experts

(1) Witnesses are required to testify to the testimony and experts for the reimbursement of expert opinions. The provisions of the Code of Criminal Procedure on the obligation to testify as a witness or to submit an expert opinion as an expert, on the rejection of experts, as well as on the questioning of members of the civil service as witnesses or experts shall apply accordingly.(2) If witnesses or experts refuse to testify or the reimbursement of the opinion without the existence of any of the grounds specified in § § 52 to 55 and 76 of the Code of Criminal Procedure, the court may be asked for the testimony. The request shall specify the subject-matter of the hearing and indicate the names and addresses of the parties concerned. The Court of First Instance decides on the legality of the refusal of the testimony or the refund of the opinion.(3) A request referred to in paragraph 2 may only be made by the service supervisors, its general representative or a representative who has the competence to judge. Non-official table of contents

§ 26 Application of documents

The official has records, drawings, pictorial representations and records. , including technical records which have a service relationship, at the request of the disciplinary procedure. The court may order the publication on request by order and enforce it by the fixing of penalty payment; for the application, § 25 (3) shall apply mutatily. The decision shall be indisputable. Non-official table of contents

§ 27 seizure and searches

(1) The court may, upon request by decision, seize seizure and search § 25 (3) shall apply accordingly. The order may only be made if the official of the service to whom he has been charged is in urgent need of suspicion and the measure is not out of proportion to the significance of the case and the disciplinary measure to be expected. The provisions of the Code of Criminal Procedure on seizure and searches shall apply accordingly, unless otherwise specified in this law.(2) The measures referred to in paragraph 1 may only be carried out by the authorities appointed in accordance with the Code of Criminal Procedure.(3) Paragraph 1 restricts the fundamental right of inviolability of the dwelling (Article 13 (1) of the Basic Law). Non-official table of contents

§ 28 Protocol

Minutes of hearings of the official and evidence surveys are to be recorded; § 168a of the The Code of Criminal Procedure shall apply accordingly. In the collection of written services, as well as the recovery of documents and documents, it is sufficient to hold a file notice. Non-official table of contents

§ 29 Inner-service information

(1) The submission of personal files and other government documents with personal data Data as well as the issuing of information from these files and documents to the bodies involved in disciplinary proceedings and the processing or use of the personal data collected in this way are subject to disciplinary proceedings, unless other data are provided by other institutions. The law shall also be admissible against the will of the official or of other persons concerned, if and to the extent that the conduct of the disciplinary procedure so requires and predominates the interests of the official, of other persons concerned or of the do not conflict with the requested bodies.(2) The services of one or several departments, as well as between the parts of a service, shall include communications on disciplinary proceedings, on facts from disciplinary proceedings and on decisions of the disciplinary bodies, and on the Submission of such files shall be admissible if and to the extent necessary for the conduct of the disciplinary procedure, with a view to the future transfer of duties or offices to the official or, on a case-by-case basis, for special service reasons under It is necessary to take into account the concerns of officials or other persons concerned. Non-official table of contents

§ 30 Final hearing

After the investigation has ended, the official will be given an opportunity to conclude , Section 20 (2) shall apply mutatily. The hearing may not be held if the disciplinary procedure is to be terminated in accordance with Section 32 (2) (2) or (3). Non-official table of contents

§ 31 Submission of disciplinary proceedings

If the service staff member is responsible for the outcome of the hearings and investigations, the service staff member In accordance with § § 32 to 34, the decision of the higher service supervisor or the supreme service authority shall not be sufficient for sufficient powers. The higher service supervisor or the supreme service authority may return the disciplinary procedure to the service supervisor if they consider further investigations to be necessary or their powers to be sufficient. name="BJNR151010001BJNG000600000 " />

Chapter 3
Final Decision

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§ 32 Settings decree

(1) The disciplinary procedure is set if
1.
is a service
2.
A service pass is proven, but a disciplinary action is not displayed,
3.
according to § 14 or § 15 a disciplinary action must not be pronounced or
4.
the Disciplinary procedure or disciplinary action is inadmissible for other reasons.
(2) The disciplinary procedure is also set when
1.
the official dies,
2.
the civil servant's relationship by dismissal, loss of civil servant rights or removal ends or
3.
in the case of a retirement officer the consequences of a court decision in accordance with § 59 (1) of the civil service law.
(3) Recruitment is to be justified and to be granted. Non-official table of contents

§ 33 Disciplinary Decree

(1) Is a reference, a fine, a reduction in salaries, or a reduction in the amount of the If a pension is displayed, such a measure shall be issued by means of disciplinary action.(2) Each service officer shall be entitled to dismiss and to fined the officers under the authority of the officers.(3) reductions in salaries can be fixed:
1.
the highest service authority up to the maximum and
2.
the service supervisor immediately downstream of the top service authority, up to a reduction of one fifth of the remuneration to two years.
(4) Reductions in pensions to the maximum may be determined by the service staff responsible for the exercise of disciplinary powers in accordance with Section 84.(5) The supreme service authority may, in accordance with paragraph 3 (1), transfer its powers by general order, in whole or in part, to subordinate service superies; the order shall be published in the Federal Law Gazans.(6) The disciplinary order shall be justified and shall be granted. Non-official table of contents

§ 34 Disciplinary Situation Survey

(1) Target is to be regraded against the official, at a distance from the civil servant relationship or for the withdrawal of the retirement pension, shall be subject to disciplinary proceedings against him.(2) The disciplinary situation shall be levied in the case of officials by the supreme service authority, in the case of retirement officers by the service supervisor competent pursuant to Section 84 for the exercise of disciplinary powers. The supreme service authority may delegate its power in accordance with the first sentence by general order, in whole or in part, to subordinate service superies; the order is to be published in the Bundesgesetzblatt (Federal Law Gazans). Section 17 (1), second sentence, second half-sentence, and (3) and (4) shall apply accordingly. Non-official table of contents

§ 35 Limits to reexercise of disciplinary powers

(1) The recruitment and the disciplinary order shall be forwarded without delay to the higher service superior. If he does not consider his powers to be sufficient in accordance with paragraphs 2 and 3, he shall immediately forward the recruitment or disciplinary order to the supreme service authority. The supreme service authority may return the disciplinary procedure to the higher service supervisor if it considers further investigations to be necessary or if it considers its powers to be sufficient.(2) The higher service supervisor or the supreme service authority may, notwithstanding a cessation of the disciplinary proceedings pursuant to section 32 (1), enact a disciplinary order within the scope of their jurisdiction over the same facts; or Impose a disciplinary situation. A decision in accordance with the first sentence shall be admissible only within three months of the date of notification of the order for recruitment, unless a final judgment has been passed on the basis of the same facts on the basis of the actual findings of the decision taken by the actual findings on which the decision is based.(3) The higher service supervisor or the supreme service authority may, at any time, revoke a disciplinary order of a subordinated service supervisor, the supreme service authority also a disciplinary decree issued by it itself. They may, within the limits of their powers, decide on the matter in a new decision or impose disciplinary proceedings. A tightening of the disciplinary action in accordance with the nature or the amount or the imposition of the disciplinary situation shall be admissible only within three months of the date of the notification of the disciplinary order, unless it is received on the basis of the same facts. a final judgment on the basis of actual findings which depart from those actual findings on which the decision is based. Non-official table of contents

§ 36 Procedure in the case of subsequent decision in the criminal or fines procedure

(1) Erdates after the entry of the Indisputability of the disciplinary order in a criminal or fine procedure initiated on the basis of the same facts, indisputable a decision according to which the disciplinary measure would not be admissible pursuant to § 14, the Disciplinary action, at the request of the official, to be repealed and the disciplinary procedure to be terminated by the service officer who issued it.(2) The application period shall be three months. It shall begin on the date on which the official has been informed of the decision referred to in paragraph 1. Non-official table of contents

§ 37 Costing obligation

(1) The official who is subject to disciplinary action may be entitled to the Deposits are imposed. If the service which is charged to the official is made up only in part on the basis of the disciplinary order or, in the case of an investigation whose result has been disbursed in favour of the official, special costs may be incurred by him. Deposits are only imposed to a proportionate extent.(2) If the disciplinary procedure is discontinued, the Dienstherr shall bear the expenses incurred. If the cessation is carried out in spite of the fact that a service is carried out, the outlays may be imposed on the official or divided in proportion.(3) In the case of an application in accordance with Section 36, paragraph 1 shall apply in the event of a rejection of the application and in the case of its paragraph 2, accordingly.(4) Insofar as the Dienstherr bears the expenses incurred, he shall also reimburse the official the expenses which were necessary for the appropriate legal proceedings. If the official has served an authorised representative or an adviser, his fees and expenses shall also be reimbursable. Expenses incurred as a result of the official's fault shall be borne by the official himself; the fault of a representative shall be attributed to him.(5) The disciplinary disciplinary procedure is free of charge.

Chapter 4
Preliminary service removal and retention of references

A non-official table of contents

§ 38 Admissibility

(1) The authority responsible for the collection of the disciplinary situation may, at the same time, with or after the initiation of the Disciplinary proceedings are provisionally unveiled if the disciplinary proceedings are likely to be recognised for removal from the civil service relationship or on the withdrawal of the pension or if the official is a sample or official on revocation, a dismissal is likely to be made pursuant to § 5 para. 3 sentence 2 of this law in conjunction with § 34 (1) sentence 1 no. 1 or § 37 paragraph 1 sentence 1 of the Federal Civil Service Act. It may also provisionally remove the official from the service if it is likely to have a significant effect on the service of the service or the investigation, and if the provisional dismissal of the service is of the significance of the case and of the investigation. expected disciplinary action is not out of proportion.(2) The authority responsible for the collection of the disciplinary situation may, at the same time with or after the provisional dismissal, order the official to retain up to 50 per cent of the monthly service or prospect remuneration, if in the Disciplinary proceedings are likely to be recognised at a distance from the civil service relationship or on the withdrawal of the retirement pension. The same shall apply if the official in the civil service relationship is likely to be dismissed pursuant to Section 5 (3) sentence 2 of this Act in connection with § 34 (1) sentence 1 no. 1 or § 37 paragraph 1 sentence 1 of the Federal Civil Service Act.(3) The authority responsible for the collection of the disciplinary situation may, at the same time with or after the initiation of the disciplinary procedure, order that the retirement officer be withheld up to 30 per cent of the pension, if in the Disciplinary proceedings are likely to be recognised for the withdrawal of the retirement pension.(4) The authority responsible for the collection of the disciplinary situation may, at any time, completely or partially discontinue the preliminary dismissal of the service, the withholding of the remuneration of the service or the repayment of the remuneration, and the withholding of the pension. Non-official table of contents

§ 39 Legal effects

(1) The preliminary service removal is with the delivery, the withholding of references to the the following due date shall be effective and enforceable. They shall cover all the posts the official has held.(2) For the duration of the provisional dismissal, the claims arising in connection with the Office shall rest on compensation for expenses.(3) If the official is provisionally removed from the service, while he is culpably away from the service, the loss of the remuneration, which is justified in accordance with Section 9 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz), continues. It shall end with the date on which the official would have commended his service if he had not been prevented from doing so by the provisional dismissal. The date shall be determined by the authority responsible for the collection of the disciplinary situation and shall be notified to the official.(4) The provisional dismissal of the service and the withholding of references shall end with the final conclusion of the disciplinary procedure. Non-official table of contents

§ 40 expiration and repayment of the retained amounts

(1) The deductions retained in accordance with § 38 (2) and (3) shall expire if:
1.
in disciplinary proceedings on distance from the civil service relationship or upon withdrawal of the retirement pension , or a dismissal pursuant to Section 5 (3) sentence 2 of this Act has been made in connection with Section 34 (1) sentence 1 No. 1 or § 37 (1) sentence 1 of the Federal Officials Act,
2.
in a criminal case initiated for the same facts, a penalty has been imposed on the loss of rights as an official or retired civil servant ,
3.
the disciplinary procedure has been terminated on the basis of Section 32 (1) no. 3 and a new disciplinary procedure, which shall be carried out within three months of the date of the has been instituted because of the same facts, has led to the removal from the civil service relationship or has led to the withdrawal of the retirement pension or
4.
Disciplinary proceedings have been terminated on the grounds of § 32 para. 2 no. 2 or 3 and the authority responsible for the collection of the disciplinary situation (§ 34 para. 2) has determined that the distance from the civil service relationship or the deprivation of the pension.
(2) If the disciplinary procedure is concluded in any other way than in the cases referred to in paragraph 1, the references to be repaid pursuant to section 38 (2) and (3) shall be repaid. The remuneration to be repaid may be credited to income from secondary activities subject to authorisation (Section 99 of the Federal Civil Service Act), which the official has exercised on the occasion of the provisional dismissal if a disciplinary action is taken or the authority responsible for the collection of the disciplinary situation shall establish that a misconduct has been established. The official is obliged to provide information on the amount of such income.

Chapter 5
Appeal procedure

unofficial table of contents

§ 41 necessity, form and deadline of appeal

(1) An appeal procedure is to be carried out before the official is brought up. An opposition procedure shall not take place if the decision under appeal has been adopted by the supreme service authority.(2) § 70 of the Administrative Court order shall apply to the form and the time limit for the appeal. unofficial table of contents

§ 42 appeal notice

(1) The appeal decision is made by the top service authority, with retirement officials adopt the competent service staff in accordance with section 84. The supreme service authority may transfer its jurisdiction in accordance with the first sentence by general order, in whole or in part, to subordinate authorities; the order shall be published in the Bundesgesetzblatt (Federal Law Gazan).(2) In the notice of opposition, the decision under appeal shall not be amended to the detriment of the official. The power to take a different decision pursuant to section 35 (3) remains unaffected. Non-official table of contents

§ 43 Limits of reexercise of disciplinary powers

The appeal hearing is the top service authority without delay. This may at any time cancel the notice of opposition which has been decided upon by a disciplinary order. It may decide whether or not to decide whether or not to impose disciplinary measures. A tightening of the disciplinary measure in accordance with the nature or the amount or the imposition of the disciplinary situation shall be admissible only within three months of the notification of the appeal, unless it has been received on the basis of the same facts a final judgment on the basis of actual findings which depart from those actual findings on which the decision is based. Non-official table of contents

§ 44 Costing obligation

(1) The underlying part is entitled to the expenses incurred in the appeal proceedings. If the contradiction is partly successful, the outlays are to be divided in proportion. If a disciplinary order is lifted in spite of the fact that a service is passed on, the costs may be imposed in whole or in part on the official.(2) If the official takes the objection back, he shall bear the expenses incurred.(3) In the main proceedings, the opposition proceedings shall be dealt with in a different way, and shall be decided on the expenses incurred in accordance with their reasonable discretion.(4) Paragraph 37 (4) and (5) applies accordingly.

Part 4
Judicial Disciplinary Proceedings

Chapter 1
disciplinary jurisdiction

Non-official Table of Contents

§ 45 Jurisdiction of Administrative Jurisdiction

The tasks of disciplinary jurisdiction under this Act take the Courts of administrative jurisdiction are true. For this purpose, the Administrative Courts and the Supreme Administrative Court of the Senate for Disciplinary Matters are formed. The national legislation may order the assignment of the tasks referred to in sentence 1 to a court for the districts of several courts. In so far as a court has jurisdiction over the districts of several courts under national law for proceedings under the State disciplinary law, that court, unless otherwise determined, shall also be responsible for the tasks referred to in the first sentence. Section 50 (1) (4) of the Administrative Court shall remain unaffected. Non-official table of contents

§ 46 Disciplinary Proceedings Chamber

(1) The Board of Disciplinary Matters decides in the occupation of three Judges and Two officials sitting as honorary judges, if not a single judge decides. The officials ' sitters do not act on decisions outside the oral proceedings and in court proceedings. One of the officials shall be a member of the administrative branch and of the category of the official against which the disciplinary procedure is directed.(2) § 6 of the Administrative Court order shall apply for the transfer of the dispute to the individual judge. In the proceedings of the disciplinary situation, a transfer to the individual judge is excluded.(3) The Chairman of the Board of Disciplinary Matters decides, if the decision is taken in the preparatory proceedings,
1.
if the lawsuit, application, or appeal is withdrawn,
2.
if the court is in court. Disciplinary proceedings in the main subject and
3.
about the costs.
If a rapporteur is appointed, he decides instead of the chairman.(4) State legislation may, by way of derogation from paragraphs 1 to 3, regulate the filling of the Board for Disciplinary Matters. To the extent that, under national law, a different composition of the Board for Disciplinary Matters is provided for in accordance with the State disciplinary law, this occupation shall also apply to the judicial proceedings after that date, unless otherwise specified. Law. Non-official table of contents

§ 47 civil servant

(1) The civil servant must be a civil servant in the Federal Service at the time of his/her life, and at the time of her Select or order your place of residence (§ 15 of the Federal Law on Remuneration) in the district of the competent administrative court. If the administrative court has jurisdiction over the districts of several administrative courts, the civil servants must have their place of residence in one of these districts.(2) § § 20 to 29 and 34 of the Administrative Court order shall not apply to the officials ' consitters, subject to § 50 (3).(3) The procedure for the selection or appointment of the officials ' sitters shall be determined by country law. Non-official table of contents

§ 48 Exclusion from the exercise of the judge's office

(1) A judge or a civil servant is from the exercise of the Judicial power is excluded by law if it violates
1.
by service is,
2.
spouse, life partner, or legal representative of the official or the injured person,
3.
with the official or the injured in a straight line, or is used in the sidelines to the third degree, or is wasted up to the second degree, or ,
4.
was involved in the disciplinary proceedings against the official, or was heard as a witness, or as an expert, refunded an expert opinion,
5.
was involved in a criminal or penal procedure initiated on the same facts against the official,
6.
officer's service officer is or has been or has been working with a service officer of the official to deal with officials ' personnel matters or
7.
as a member of a staff representation in the disciplinary proceedings against the official.
(2) A staff member is also excluded if he is the service of the Officials. Non-official table of contents

§ 49 Non-thermal education of a civil servant

A staff member, against the disciplinary situation, or because of a In the event of a criminal offence committed intentionally or requesting the issuing of a criminal order or prohibiting the conduct of his or her business operations, during such proceedings or for the duration of the prohibition on the exercise of his or her duties, Do not use amts. Non-official table of contents

§ 50 Disengagement from the Office of the Officials of the Officials

(1) The civil servant is to be disbanded from his office if
1.
he has been sentenced to a free sentence in the criminal case,
2.
in disciplinary proceedings against him unquestionably a disciplinary action with the exception of a reference has been pronounced,
3.
to be moved to an office outside of the districts for which the court is responsible,
4.
Civil servants ' relationship ends or
5.
the conditions for the Office of the Officials of the Officials according to § 47 (1) of their selection or order were not available.
(2) In The official sitter may also be relieved of special hardship cases on request from the further exercise of the office.(3) In accordance with Section 24 (3) of the Administrative Court Rules, the decision shall apply accordingly. Non-official table of contents

§ 51 Senate for Disciplinary Matters

(1) The Senate for Disciplinary Matters of the Supreme Administrative Court is governed by Section 46 (1). and 3 as well as § § 47 to 50.(2) For the Federal Administrative Court, Section 48 (1) applies accordingly.

Chapter 2
Disciplinary proceedings before the administrative court

Section 1
Method of lawsuit

Non-official table of contents

§ 52 Clay collection, form and deadline for action

(1) The disciplinary situation is in writing. The application must include the personal and professional career of the official, the previous course of the disciplinary proceedings, the facts in which a misconduct is seen, and the other facts and evidence for the decision. are significant, ordered. If the conditions laid down in § 23 (1) are fulfilled, it is possible to refer to the binding findings of the judgments on which they are based on the basis of the facts in which a service is to be considered.(2) § § § 74, 75 and 81 of the Administrative Court order apply for the form and period of the other claims. The course of the period laid down in § 75, second sentence, of the administrative court order shall be suspended as long as the disciplinary procedure is suspended in accordance with Section 22. unofficial table of contents

§ 53 Nightterm disciplinary situation

(1) New actions that are not subject to pending disciplinary action shall be included in the disciplinary procedure only by the imposition of a supplementary and disciplinary disciplinary situation.(2) If the Dienstherr considers the inclusion of new acts to be appropriate, he shall inform the Court of First Instance, indicating the specific evidence which justifies the suspicion of a service. Subject to the provisions of paragraph 3, the Court of First Instance shall suspend the disciplinary procedure and shall set a time limit for the purpose of collecting the supplementary disciplinary proceedings. The time limit may be extended to a request by the Dienstherrn before the expiry of the deadline if it is not likely to comply with it for reasons which it is not responsible for representing it. The time limit and its extension shall be made by decision. The decision shall be indisputable.3. The Court of First Instance may depart from the suspension of the disciplinary procedure referred to in paragraph 2 if the new acts are not likely to weigh the nature and level of the disciplinary measure to be expected or their involvement in the Disciplinary proceedings would be significantly delayed; paragraph 2, sentences 4 and 5 shall apply accordingly. Notwithstanding the continuation of the disciplinary proceedings in accordance with the first sentence, the new actions may be carried out until the delivery of the summons for oral proceedings or until the notification of a decision in accordance with Section 59 of the German Overnight Disciplinary Proceedings. The new actions may also be the subject of a new disciplinary procedure.(4) Where, within the period specified in paragraph 2, a disciplinary action is not imposed, the Court shall continue the disciplinary procedure without including the new acts; paragraph 3, sentences 2 and 3 shall apply mutagentily. Non-official table of contents

§ 54 Service of officials

The official is at the same time served by the Chairman with the delivery of the disciplinary situation or To draw attention to the time limits laid down in section 55 (1) and section 58 (2), as well as to the consequences of the failure to meet the requirements of the deadline. Unofficial Table Of Contents

§ 55 Defects of the Disciplinary Proceedings or the Klageschrift

(1) In the case of a disciplinary case, the official has to assert material defects in the disciplinary proceedings or the application of the application within two months of the notification of the action or the disciplinary proceedings against the supplementary and disciplinary proceedings.(2) The Court of First Instance may not take account of any significant defects which are not or are not asserted within the time limit set out in paragraph 1, if their consideration for their free conviction delays the execution of the disciplinary proceedings , and the official would have been informed of the consequences of the deadline for failure to do so; this does not apply if the official has made compelling reasons for the delay to be credible.(3) The court may set a time limit for the dientherrn in order to remedy a substantial defect which the official has claimed in good time or whose consideration it considers to be appropriate irrespective of the case. Section 53 (2) sentences 3 to 5 shall apply accordingly. If the defect is not remedied within the time limit, the disciplinary procedure shall be terminated by decision of the court.(4) The final judgment in accordance with paragraph 3 shall be equal to a judgment which has been passed by law. Unofficial Table Of Contents

Section 56 Restriction of Disciplinary Proceedings

The court may limit disciplinary proceedings by: Acts which do not or are not likely to weigh in the nature and amount of the disciplinary measure to be expected. The dissent may not be included in the disciplinary procedure, unless the conditions for the restriction are retrospected. If the discernable actions are not re-included, they cannot be the subject of a new disciplinary procedure after the indisputable conclusion of the disciplinary procedure. Non-official table of contents

§ 57 Binding to actual findings from other procedures

(1) The actual findings of a the final judgment in the criminal or penal proceedings or in the administrative court proceedings, which has been decided pursuant to Section 9 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) on the loss of remuneration in the case of debt-rightful long-distance service, are in the Disciplinary proceedings relating to the same facts shall be binding on the Court of First Instance. However, it has to decide to re-examine such findings, which are manifestly inaccurate.(2) The actual findings made in another legally ordered procedure are not binding, but may be taken as the basis for the decision without re-examination. Non-official table of contents

§ 58 Taking of evidence

(1) The court collects the necessary evidence.(2) In the case of a disciplinary situation, applications for proof shall be submitted by the servant in the application and by the official within two months of the notification of the action or the disciplinary action of the night rags. A late application may be refused if, according to the Court's free conviction, his consideration would be delayed for the execution of the disciplinary proceedings and the official has been informed of the consequences of the failure to meet the deadline; this is true not when compelling reasons for the delay are made credible.(3) The provisions of the Code of Criminal Procedure on the obligation to testify as a witness or to submit an expert opinion as an expert, on the rejection of experts and on the questioning of members of the civil service as witnesses and experts shall apply accordingly. Non-official table of contents

§ 59 Decision by decision

(1) In case of a disciplinary situation, the court may, even after the opening of the oral proceedings, Negotiation, with the consent of the parties involved, by decision
1.
on the required disciplinary action (§ 5) recognize if only a reference, a fine, a reduction in the remuneration or a reduction of the pension is involved, or
2.
the disciplinary situation. .
For the declaration of consent, a time limit may be set by the court, the chairman or the rapporteur, after which the consent shall be deemed to have been granted, if not a party has objected.(2) The final decision referred to in paragraph 1 shall be the same as a final judgment. Non-official table of contents

§ 60 Oral proceedings, decision by judgment

(1) The court decides on the action if the Disciplinary proceedings shall not be completed in any other way, on the basis of oral proceedings by judgment. § 106 of the Administrative Court order is not applied.(2) In the case of a disciplinary situation, only the acts relating to the subject-matter of the judgment may be made which are to be charged to the official in the action or the night-time disciplinary situation as a misconduct. The court may recognize in the judgment
1.
the disciplinary measure required (§ 5) or
2.
dismiss the disciplinary case.
(3) In the case of a claim against a disciplinary order, the court shall, in addition to the legality, also examine the appropriateness of the Contested decision. Non-official table of contents

§ 61 Limits to reexercise of disciplinary powers

(1) Insofar as the Dienstherr withheld the disciplinary situation , the acts on which it is based may no longer be subject to disciplinary proceedings.(2) Where the Court of First Instance has ruled indisputably of the action brought against a disciplinary action, the exercise of the disciplinary powers in respect of the acts on which that decision is based only on the grounds of such significant facts and Evidence admissible, which has not been found in the judicial disciplinary proceedings. A strengthening of the disciplinary action in accordance with the nature or amount or the imposition of the disciplinary situation shall be admissible only within three months of the date of delivery of the judgment, unless a final judgment is given on the same facts based on actual findings, which differ from those actual findings on which the decision is based.

Section 2
Special Procedures

Non-official table of contents

§ 62 Request for a court failure

(1) If disciplinary proceedings are not carried out within six months since the initiation by recruitment, by the adoption of a disciplinary order or by the imposition of the disciplinary situation, the official may, in the case of the court, determine a time limit for the conclusion of the disciplinary proceedings apply. The period of the sentence 1 shall be suspended as long as the disciplinary procedure is suspended in accordance with Section 22.(2) If there is no sufficient reason for the absence of the administrative disciplinary procedure within six months, the court shall determine a time limit in which it is to be concluded. Otherwise, it shall reject the request. Section 53 (2) sentences 3 to 5 shall apply accordingly.(3) If the disciplinary proceedings are not completed within the time limit specified in paragraph 2, it shall be terminated by decision of the General Court.(4) The final decision referred to in paragraph 3 shall be the same as a final judgment. Non-official table of contents

§ 63 Application for suspension of the temporary dismissal and deductions

(1) The official may be Suspension of the temporary dismissal and withholding of the remuneration of the service or the contender in the case of the court; the same shall apply to the retired civil servants with regard to the withholding of retirement pension. The application shall be lodged with the Oberverwaltungsgericht if a disciplinary procedure is pending in the same case.(2) The provisional dismissal and withholding of remuneration shall be suspended if there are serious doubts as to their legality.(3) In order to amend or repeal decisions on requests pursuant to paragraph 1, Section 80 (7) of the Administrative Court of Justice shall apply.

Chapter 3
disciplinary proceedings before the Administrative Court

Section 1
vocation

unofficial table of contents

§ 64 Statliability, Form and period of appeal

(1) The decision of the Administrative Court on a disciplinary situation shall be the subject of appeal to the High Administrative Court. The appeal shall be lodged with the Administrative Court in writing within one month of the date of delivery of the full judgment. The time limit for justifications may be extended to a request made prior to its expiry by the chairman. The justification must include a specific application and the reasons for the appeal (grounds of appeal) to be found in detail. If there is a lack of one of these requirements, the appeal is inadmissible.(2) In addition, the person concerned shall be entitled to appeal against the judgment of the Administrative Court only if it is approved by the Administrative Court or the Administrative Court. § § 124 and 124a of the administrative court order are to be applied. Non-official table of contents

§ 65 Appeal procedure

(1) Provisions on the disciplinary procedure are applicable to the appeal proceedings before the Administrative court accordingly, unless otherwise provided by this law. § § 53 and 54 are not applied.(2) The essential defects of the administrative disciplinary procedure, which were to be disregarded in accordance with Section 55 (2), are also not taken into account in the appeal proceedings.(3) A request for proof which has not been filed before the Administrative Court within the time limit laid down in Section 58 (2) may be rejected if its consideration according to the free conviction of the Administrative Court of the Administrative Court of the Administrative Court is the execution of the Disciplinary proceedings would be delayed and the official in the first legal suit would have been informed of the consequences of the deadline for failure to do so; this does not apply if compelling reasons for the delay are credibly made. Requests for proof, which the Administrative Court was right to reject, are also excluded in the appeal proceedings.(4) The evidence collected by the Administrative Court may be taken as the basis for the decision without re-taking of evidence. Non-official table of contents

§ 66 Oral proceedings, decision by judgment

The Oberverwaltungsgericht (Higher Administrative Court) decides on the appeal if the Disciplinary proceedings shall not be completed in any other way, on the basis of oral proceedings by judgment. § 106 of the Administrative Court order is not applied.

Section 2
Complaint

Non-official Table of contents

§ 67 Statliability, form and time limit of the appeal

(1) § § 146 and 147 of the administrative court order shall apply to the statuality, form and time limit of the appeal.(2) The appeal may only be based on the absence of the consent of the parties to the decision of the Administrative Court, which shall decide on a disciplinary situation in accordance with Section 59 (1).(3) In the case of the appeal proceedings against decisions of the Administrative Court on a suspension pursuant to Section 63, Section 146 (4) of the Administrative Court Rules shall apply accordingly. Non-official table of contents

§ 68 Decision of the Oberverwaltungsgericht (Oberverwaltungsgericht)

The Oberverwaltungsgericht (Oberverwaltungsgericht) decides on the complaint by Decision.

Chapter 4
disciplinary proceedings before the Federal Administrative Court

Non-official Table of Contents

§ 69 Form, Deadline and Admission of the Revision

For the approval of the revision, for the form and deadline for the filing of the revision and the filing of the appeal against their non-authorisation as well as for the revision reasons shall apply § § 132, 133, 137 to 139 of the Administrative Court order. Non-official table of contents

§ 70 Revision procedure, decision on the revision

(1) The review procedure applies to the provisions on the revision procedure. Disciplinary proceedings before the Higher Administrative Court accordingly.(2) For the decision on the revision, § § 143 and 144 of the Administrative Court Rules apply.

Chapter 5
Resuming the Judicial Disciplinary Proceedings

Non-official Table of Contents

§ 71 Readmission Reasons

(1) Resurrection of the disciplinary procedure completed by a final judgment is If
1.
in the judgment has been issued a disciplinary measure that is in accordance with Height of the law is not provided,
2.
facts or evidence that are significant and new,
3.
the verdict is based on the content of an unreal or falsified certificate or on an intentionally or negligently misplaced certificate or expert opinion,
4.
a verdict on whose actual findings is based on the judgment in the disciplinary proceedings has been annulled by another final judgment,
5.
participated in the verdict by a judge or a civil servant who has been guilty of the criminal offence of an official duty,
6.
in the judgment a judge or a civil servant who was excluded from the exercise of the judge's power by law, unless the reasons for the legal In the event of a failure to take effect,
7.
the official subsequently credibly entered into a misconduct which did not have the disciplinary procedure. , or
8.
in the case of disciplinary proceedings following its final conclusion in a criminal or criminal proceedings initiated on the basis of the same facts; or (
)
the sense of paragraph 1 (2), the facts and evidence are the facts and evidence if they are alone or in connection with the earlier findings may give rise to a different decision, which may be the aim of the resumption of disciplinary proceedings. New, within the meaning of paragraph 1 (2), are facts and evidence which have not been disclosed to the Court in its decision. If, after the judgment of the judgment in the disciplinary proceedings has occurred, a final judgment is given on the basis of the actual findings of the criminal or fine procedure initiated on the same facts as a result of the actual findings of the judgment, Any actual findings of the judgment in the disciplinary proceedings on which it is based shall be deemed to be new facts within the meaning of paragraph 1 (2) of the judgment in the criminal or fine-monetary procedure.(3) In the cases referred to in paragraph 1 (3) and (5), the resumption of disciplinary proceedings shall be admissible only if, on the basis of the alleged act, a final conviction of criminal proceedings has been carried out or if a criminal proceedings are other reasons than cannot be initiated or not carried out due to lack of evidence. Unofficial table of contents

§ 72 Reaction inadmissibility

(1) The resumption of the final judgment Disciplinary proceedings are inadmissible if, after the entry of the legal force,
1.
a judgment in the criminal or a fine, which is based on the same facts and pays tribute to them as long as this judgment has not been annulled, or
2.
a sentence passed in the criminal case by which the convicted person lost his office or his claim to a retirement pension or would have lost him if he had still been in service
() The resumption of the disciplinary proceedings in favour of the official shall also be inadmissible if three years have passed since the validity of the judgment of the judgment. Non-official table of contents

§ 73 deadline, procedure

(1) The application for a retrial must be submitted to the court, whose decision shall be filed within three months in writing or to the minutes of the official of the Office of the Office of the Office of the Office. The time limit shall begin on the date on which the person entitled to the application has been informed of the reason for the resumption. The application shall be the subject of the judgment under appeal and indicate the extent to which it is contested and the amendments requested, and shall state the reasons for the application of the evidence.(2) The provisions relating to the judicial disciplinary procedure shall apply mutatily to the further proceedings, insofar as nothing else is provided for by this law. Non-official table of contents

§ 74 Decision by decision

(1) The court may submit the request, even after the opening of the oral proceedings, discard by decision if it does not apply the legal requirements for its authorisation or if it considers it to be manifestly unfounded.2. Before the opening of the oral proceedings with the consent of the competent authority, the Court of First Instance may, by decision, cancel the judgment under appeal and dismiss the disciplinary situation or lift the disciplinary order. The decision shall be indisputable.(3) The final decision referred to in paragraph 1 and the decision referred to in paragraph 2 shall be the same as a final judgment. Non-official table of contents

§ 75 Oral proceedings, decision of the court

(1) The court decides if the retrial is not in other ways, due to oral proceedings by judgment.(2) The appeal may be brought against the judgment of the Administrative Court and the Administrative Court of the Supreme Administrative Court in the relevant proceedings. Non-official table of contents

§ 76 Legal effects, compensation

(1) In a retrial, the judgment under appeal shall be the subject of the contested judgment in favour of the Officials shall be given the legal status which would have been obtained from the entry of the legal force of the annulled judgment, if the annulled judgment of the decision taken in the retrial was obtained. § 42 of the Federal Civil Service Act (Bundesbeamtengesetz) has been recognized in the annulled judgment upon removal from the civil service relationship or on the withdrawal of the retirement pension.(2) In the case referred to in paragraph 1, the official and the persons to whom he is subject to the law may, in addition to the references to be subsequently granted hereafter, may, in appropriate application of the law on compensation for Law enforcement measures of 8. March 1971 (BGBl. 157), in the version in force, substitute for the other damage from the Dienstherrn. The claim shall be made within three months after the final conclusion of the retrial in the authority responsible for the collection of the disciplinary situation.

Chapter 6
Cost

Non-official table of contents

§ 77 Costs and reimbursable costs

(1) For the cost requirements of the The provisions of the administrative court order shall apply accordingly, unless otherwise provided by the following provisions, and the reimbursement of costs shall apply mutas.(2) If a disciplinary order is lifted despite the fact that a service is carried out, the costs may be imposed in whole or in part on the official.(3) In proceedings relating to the request for a court decision (§ 62), the Court of First Instance also has to decide on the application of the request for a decision on the application of the request for a request for a request for a request for a court order.(4) Cost within the meaning of this provision shall also be the cost of the administrative disciplinary procedure. Non-official table of contents

§ 78 Court costs

In court disciplinary proceedings, fees are charged according to the asset's charge list of this law. In addition, the provisions of the Law on Legal Costs applicable to costs in proceedings before the courts of administrative jurisdiction shall apply accordingly.

Part 5
Subsistence contribution at distance from the civil service relationship or on the withdrawal of the retirement pension

Non-official table of contents

§ 79 Maintenance contribution at distance

(1) The payment of the maintenance fee pursuant to § 10 (3) or § 12 (2) shall begin, unless otherwise specified in the decision, at the time of the loss of the remuneration, or of the retirement pension.(2) The payment of the maintenance fee in accordance with § 12 para. 2 shall be subject to the reservation of the recovery if a pension is granted for the same period of time on the basis of the reassurance. In order to secure the request for repayment, the retired civil servant has to make a corresponding declaration of assignment.(3) The court may decide in the decision that the maintenance fee is paid in whole or in part to persons for whose maintenance the official or retirement officer is obliged; by the legal force of the decision, this may be the highest Appoint a service authority.(4) The maintenance fee shall be deducted from the purchase and employment income within the meaning of Article 18a (2) and (3) sentences 1 and 2 of the Fourth Book of Social Code. The former official or former retired civil servant shall be obliged to notify the supreme service authority immediately of any changes in his circumstances which may be significant for the payment of the maintenance contribution. If he does not culpably comply with this obligation, he or she may be deprived of the subsisting fee in whole or in part with effect for the past. The decision shall be taken by the supreme service authority.(5) The entitlement to the maintenance fee shall be issued if the person concerned is reappointed to a public service or service relationship. Non-official table of contents

§ 80 Maintenance of assistance with the discovery of offenses

(1) In case of removal from the civil servant relationship or the withdrawal of the pension, the last competent authority may grant the former official or former retired civil servant who has failed to accept the prohibition on the acceptance of rewards or gifts to: He/she shall give a monthly maintenance benefit if he has disclosed his knowledge of facts whose knowledge has helped to prevent criminal offences, in particular in accordance with § § 331 to 335 of the Criminal Code, or through his own contribution to the crime out of the box. The post-insurance is to be carried out.(2) The maintenance performance shall be set as a percentage of the entitlement to an old-age pension resulting from the post-insurance scheme or an equivalent benefit from the occupational pension scheme with the following measures:
1.
The maintenance allowance must not exceed the amount of the pension entitlement from the post-insurance
2.
The amount of maintenance and pension entitlement from the post-insurance scheme shall not exceed the amount of the pension as a retirement pension pursuant to § 14 (1) of the
thelimits set out in the first sentence shall also apply to the period of payment of the maintenance allowance; the pension entitlement shall be replaced by the pro-rata pension.(3) The payment of maintenance payments to the former civil servant can only be made if the former official is 65. It has completed a life year or receives a pension due to the incapacity of the statutory pension insurance or a corresponding benefit from the occupational pension scheme.(4) The right to maintenance shall be extinguished in the event of renewed entry into the civil service, as well as in cases which would result in the erassination of pensions under Section 59 of the Staff Regulations of Officials of the Service of the Service of the Service of the Service of the Retirement Age. The surviving spouse or life partner receives 55 percent of the maintenance benefit if at the time of removal from the civil service relationship or the deprivation of the pension, the marriage or life partnership had already passed. Non-official table of contents

§ 81 pardon

(1) The Federal President is entitled to the right of pardon in disciplinary matters under this law. It can transfer it to other places.(2) If the distance from the civil service relationship or the withdrawal of the retirement pension is removed by grace, § 43 sentence 2 of the Federal Civil Service Act shall apply accordingly.

Part 6
Special provisions for Individual service groups and for retirement officers

Non-official table of contents

§ 82 Federal Police enforcement officers

The Federal Ministry of the Interior shall determine by means of a decree law which superiors of the federal police officers shall be considered as servants within the meaning of Section 33 (2), (3) (2) and (5). Non-official table of contents

§ 83 Officials of the federal bodies, institutions and foundations of public law

(1) Within the meaning of this Act, the Federal Ministry responsible shall be the supreme service authority of the officials of the federal bodies, institutions and foundations of public law. It may, in agreement with the Federal Ministry of the Interior, transfer its powers to subordinate authorities and determine who, acting as a subordinate authority, a service superior and a higher service superior, in the sense of this Regulation, Law is to be considered. In agreement with the Federal Ministry of the Interior, it may, in agreement with the Federal Ministry of the Interior, also regulate the responsibility for references, fines and reductions in the remuneration of the service by way of derogation from § 33.(2) § 144 (2) of the Federal Civil Service Act shall apply in accordance with the bodies, institutions and foundations of public law referred to in paragraph 1. Unofficial Table Of Contents

§ 84 Exercise of Disciplinary Powers in Retirement Officers

For retired civil servants, disciplinary powers shall be exercised by the competent authority responsible for retirement at the time of entry into the retirement age. This may be transferred to subordinated service subordinates in whole or in part by means of a general order; the order is to be published in the Federal Law Gazans. If the competent top service authority no longer exists, the Federal Ministry of the Interior determines which authority is responsible.

Part 7
Transient and Final Provisions

Non-official Table of Contents

§ 85 Transitional Provisions

(1) The disciplinary proceedings initiated under the law will be in a position to do so in the shall be continued after the entry into force of this Act, pursuant to this Act, to the extent that nothing in paragraphs 2 to 7 is determined by the law. Measures which have been taken in accordance with the law remain legally effective.(2) The following disciplinary measures under this law shall be equal to the following disciplinary measures pursuant to this Act:
1.
the salary reduction of the pay cut,
2.
the translation into an office of the same career Lower final content of the reclassification and
3.
the distance from the service of the distance from the civil service ratio.
(3) Before the entry into force of this Formal disciplinary proceedings initiated under the law are continued in accordance with the law.(4) The Authority of the Federal Disciplinary Authority shall be responsible for the expiry of the 31. December 2003. From that date on, in the cases referred to in paragraph 3, the introduction authority shall make the accusation document; the provisions of the Federal disciplinary code shall not apply to the extent that they relate to the federal disciplinary authority.(5) For the resumption of disciplinary proceedings, which have been legally concluded before the entry into force of this Act, the following shall apply until the end of the 31 December period. December 2003 Section IV of the Federal disciplinary code. From this date, the provisions of this Act shall apply.(6) The decisions taken in accordance with the law of a disciplinary procedure shall be enforced in accordance with the law of the previous law if they have become indisputable.(7) The time limit for the prohibition of exploitation and its calculation for the disciplinary measures imposed prior to the entry into force of this law shall be determined in accordance with this Act. This shall not apply if the time limit and its calculation are more favourable to the official in accordance with the previous law.(8) Fees in accordance with § 78 sentence 1 shall be charged only for those according to the 31. The Court held that legal proceedings were brought before the end of December 2009. This does not apply in the case of a legal remedy, which is in accordance with the provisions of the 31. The European Parliament and the Council of the European Union A non-official table of contents

§ 86 Administrative regulations

The administrative provisions necessary for the implementation of this Act shall be replaced by the Federal Ministry of the Interior; the administrative provisions are to be published in the Joint Ministerial Gazan. unofficial table of contents

asset (to § 78) fee list

fee directory breakdown
Section 1First Instance Clay
Section 2Approval and Vocation execution
Section 3Revision
Section 4 Special procedures
Section 5Rüge for violation of right-to-ear entitlement
Section 6Complaint


Nr.Fee charge charge amount or
rate of each
fee 10 to 17
Preface:
The procedure on the request to Resuming is considered a new legal move.
Section 1
First Instance Klage Method
  Procedure on a disciplinary situation with the request on
10-Distance from the civil servant ratio ..........360,00 €
11-AberIdentifier of the retirement pension .......... 360, 00 €
12-Regrading .......... 240, 00 €
Procedures about the Action against a disciplinary order in which the disciplinary measure has been pronounced
13-Reduction of service remuneration ..........180,00 €
14-Reduction of the retirement salary ..........180,00 €
15-fine ..........120,00 €
16-Reference ..........60,00 €
17 Method of action against a disciplinary order if only A cost decision in the disciplinary order is attacked, or against a recruitment decree (§ 32 BDG) ..........
60,00 €
18 Termination of the entire procedure by
1.
Withdrawal of lawsuit
a)
before the Conclusion of oral proceedings or
b)
if such a decision does not take place, before the end of the day on which the decision in the main proceedings of the office or
2.
Declarations of redemption, if no decision on costs is taken or the decision of a previously notified agreement of the Parties involved in a participant's cost statement or cost acceptance statement:
  Fees 10 to 17 are erate to ..........0.5
The fee will also be reduced if several discount stocks are met.
Section 2
Admission and vocation of the vocation
20 Procedure to be used:
As far as the application is rejected ..........

1.0
21 Method of approval of the appeal:
As far as the application is withdrawn or the procedure is terminated by other completion ..........


0.5
The fee will not be created if the appeal is allowed.
22 Procedures on appeal in general ..........1,5
23 Termination of the entire procedure by withdrawing the appeal or the lawsuit, before the writing to justify the appeal has been received by the court:
The fee 22 is reduced to ..........



0.5
Redemption declarations are the same if no decision is taken on the costs or if the decision is taken a previously notified agreement between the parties concerned on the cost of a participant's costs or the statement of costs.
24 End of the entire procedure, if not number 23 is satisfied, by 
1.
Revocation of the appeal or lawsuit
a)
before the conclusion of oral negotiation or
b)
if such does not take place, before the end of the day when the decision is delivered to the main business location, or
2.
Declarations of redemption, if no decision is taken on the costs or the decision of a previously notified agreement of the parties on the cost or the cost Participant's cost-acceptance statement follows:
The fee 22 discounted to ..........1.0
The fee will also be reduced if multiple discount stocks are met.
Section 3
Revision
30 Procedures for revision in general ..........2,0
31 Termination of the entire procedure by withdrawing the revision or the action before the writing has been received in court to justify the revision:
The fee 30 discounted ..........



1.0
Revocation declarations are the same if no decision is taken on the costs or if the decision of a previously notified agreement of the parties on the cost of costs or the declaration of costs of a Involved follows.
32 Termination of the entire procedure, if not number 31 is satisfied, by
1.
Withdrawal of the Revision or lawsuit
a)
before the conclusion of oral proceedings or
b)
if such does not take place, before the end of the day when the decision is delivered to the main business location, or
2.
Declarations of redemption, if no decision is taken on the costs or the decision of a previously notified agreement of the parties on the cost or the cost Participant's cost-acceptance statement follows:
The fee 30 discounted on ..........1,5
The fee will also be reduced if multiple discount stocks are met.
Nr.Fee charge fee amount or
rate of each
fee 40 and 41
Section 4
Special Procedures
40 Procedure on the application for suspension of the temporary dismissal and deductions ..........

180.00 €
41 Procedure on the application for a court-setting of a deadline for the conclusion of the disciplinary procedure including the cessation of the disciplinary procedure after fruitless expiry of the deadline ..........
60.00 €
42 Termination of the entire process by
1.
Withdrawal of application
a)
before the Conclusion of oral proceedings or
b)
if such a decision does not take place, before the end of the day on which the decision on the application of the office or
2.
Declarations of redemption, if no decision on costs is taken or the decision of a previously notified agreement of the Parties involved in a participant's cost statement or cost acceptance statement:
  Fees 40 and 41 are based on ..........0.5
The fee will also be reduced if several discount stocks are met.
Section 5
Rüge for violation of the right to be heard
50 Procedure on the complaint for violation of the right to be heard:
The complaint is rejected in full or rejected .........

50,00 €
Nr.Fee charge amount or
rate of each
fee 10 to 17 and 40
Section 6
Complaint
60 Procedures on the appeal against the decision on the application for suspension of the provisional dismissal and the Retention of references ..........
1,5
61 Procedure on appeal against a decision in the main case by decision according to § 59 BDG ..........
1,5
62 Procedure on the complaint against the non-approval of the revision:
The complaint is rejected or rejected ..........

1.5
63 Termination of the entire process by
1.
Withdrawal of the complaint, the lawsuit, or the application
a)
before the conclusion of oral negotiation or
b)
if such does not take place, before the end of the day when the decision is passed on the complaint from the office, or
2.
Declarations of redemption, if no decision is taken on the costs or the decision of a previously notified agreement of the parties on the cost or the cost Participant's cost-acceptance statement follows:
The fees 60 to 62 are based on ..........0,75
The fee will also be reduced if several discount statues are met.
64 Procedures concerning non-listed complaints in the disciplinary procedure that do not by other regulations are free of charge:
The complaint is discarded or rejected ..........


50,00 €