Federal Disciplinary Law

Original Language Title: Bundesdisziplinargesetz

Read the untranslated law here: http://www.gesetze-im-internet.de/bdg/BJNR151010001.html

Federal disciplinary law (BDG) BDG Ausfertigung date: 09.07.2001 full quotation: "Federal disciplinary law of 9 July 2001 (BGBl. I S. 1510), most recently by article 8 of the law of March 6, 2015 (BGBl. I S. 250) has been changed" stand: last modified by article 8 G v. 6.3.2015 I 250 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from: 1.1.2002 +++) the G was closed as article 1 G 2031-4/1 v. 8.7.2001 I 1510 (BDNOG) of the Bundestag. It enters pursuant Article 27 paragraph 1 sentence 3 of this G on 1st January 2002 in force.

Table of contents Part 1 General provisions § 1 of personal scope article 2 of objective scope article 3 complementary application of administrative procedure act and the administrative court order section 4 bid of acceleration part 2 disciplinary measures article 5 types of disciplinary measures article 6 reference section 7 fine § 8 reduction of remuneration § 9 downgrading article 10 removal from the civil servant § 11 reduction of the pension section 12 withdrawing of the pension section 13 rated the disciplinary measure article 14 admissibility of disciplinary action after criminal or fine procedure § 15 disciplinary ban due to passage of time article 16 prohibition of recycling , Removal from the personnel file part 3 official disciplinary Chapter 1 Introduction, expansion and restriction of article 17 introduction of § 18 official introduction on application of section 19 officials expansion and restriction of Chapter 2 implementation section 20 information, instruction and consultation of the official section 21 duty to carry out investigations, exceptions section 22 meeting of disciplinary proceedings with criminal proceedings or other proceedings, suspension of article 23 binding to actual findings from criminal or other procedures article 24 evidence § 25 witnesses and experts section 26 publication of documents § 27 seizures and searches § 28 Protocol § 29 orientate information § 30 final hearing § 31 levy of the disciplinary procedure Chapter 3 decision § 32 setting available § 33 disciplinary available § 34 bringing the disciplinary action section 35 limits the renewed exercise of disciplinary powers of article 36 procedure in subsequent decision in the criminal or fine process section 37 cost transfer duty Chapter 4 provisional suspension and withholding of references section 38 admissibility section 39 legal effects section 40 foreclosure and payment of withheld amounts Chapter 5 opposition proceedings section 41 necessity , Form and period of opposition section 42 opposition decision § 43 borders the renewed exercise of disciplinary powers of section 44 cost bearing obligations part 4 judicial disciplinary proceedings Chapter 1 disciplinary jurisdiction article 45 jurisdiction of the Administrative Court of § 46 Chamber for disciplinary matters § 47 officials associate members article 48 exclusion from the exercise of the judicial function of paragraph 49 does not use of an official assessor § 50 giving birth by the Office of the official assessor § 51 Senate for disciplinary matters Chapter 2 disciplinary proceedings before section 1 administrative court proceedings § 52 proceedings , Form and time limit the application of article 53 Nachtragsdisziplinarklage § 54 instruction of officials article 55 shortcomings of the administrative disciplinary procedure or the writ of article 56 restriction of the disciplinary procedure of § 57 attachment to actual findings from other procedures section 58 taking of evidence article 59 decision by decision section 60 hearing decision by § 61 sentence limits the further exercise of disciplinary powers section 2 special proceedings § 62 request for judicial notice section 63 request for suspending the provisional suspension and the withholding of benefits Chapter 3 disciplinary proceedings before the administrative court section 1 appeal § 64 lawfulness, form and time limit of appeal section 65 § 66 appeal hearing, decision by judgment section 2 complaint section 67 loc., form and time limit of appeal section 68 decision of the Oberverwaltungsgericht Chapter 4 disciplinary proceedings before the Federal Administrative Court section 69 form, period and approved the revision of section 70 appeal, deciding on the revision of Chapter 5 resumption of the judicial disciplinary procedure § 71 recovery reasons § 72 inadmissibility of recovery article 73 period , Procedure § 74 decision by resolution § 75 oral proceedings, the Court section 76 legal effects, compensation Chapter 6 costs section 77 cost assumption and reimbursable costs § 78 court costs part 5 maintenance contribution, maintenance and pardon section 79 maintenance contribution at a distance from the civil servant or withdrawal of the pension section 80 maintenance performance in use for the detection of criminal offences article 81 pardon part 6 special provisions for individual groups of civil servants and retired officials article 82 police officers of the Federation section 83 officials of federal authorities , Establishments and foundations governed by public law § 84 exercise of disciplinary powers for retired civil servants part 7 transitional and final provisions § 85 transitional provisions § 86 regulations plant (to § 78) schedule of fees part 1 General provisions article 1 personal scope this law applies to civil servants and retired officials within the meaning of the federal civil servants Act. Former officials, involving maintenance contributions in accordance with the officials supply Act or corresponding past schemes, apply until the end of this cover as retired civil servants, their pay a pension. Former officials entitled to long apply, even if the claim rests, as retired civil servants; the long considered to be pension.

§ 2 scope (1) this Act applies to the 1 misconduct committed by officials during their official relationship (article 77 paragraph 1 of the federal civil servants Act) and 2nd by retired civil servants a) misconduct committed during their official relationship (article 77 paragraph 1 of the federal civil servants Act) and b) after retirement as a service offence applicable committed acts (§ 77 para 2 of the federal civil servants Act).
(2) this law also because such misconduct committed in the previous employment or as Versorgungsberechtigte from such a service ratio applies for civil servants and retired officials who previously confessed in an other employment as civil servants, judges, professional soldiers or soldiers on time; Departing from such service relationship and dismissed actions which are referred to in section 77, paragraph 2, of the federal civil servants Act, a service offence shall apply. A change of the employer does not preclude the application of this law.
(3) for officers who do military service in relation to a duty, an exercise, an end-use abroad, an assistance inside or an assistance from abroad, this law also because such service offences committed during military service, if the behavior soldier legally as well as beamtenrechtlich is a service offence applies.

Article 3 the provisions of the administrative procedure law and the administrative court procedure apply mutatis mutandis, to the extent that not to the provisions of this Act in contradiction, or unless otherwise determined in this law are complementary application of the Administrative Procedure Act and the administrative court order to complement this law.

§ 4 disciplinary proceedings must be bid of speed up accelerated.
Part 2 disciplinary action § 5 are types of disciplinary measures (1) disciplinary action against civil servants: 1 reference (§ 6) 2 fines (section 7) 3 reduction of remuneration (section 8) 4 downgrading (section 9), and 5. distance from the duties (§ 10).
(2) disciplinary action against retired officers are: 1. reduction of the pension (section 11) and 2. withdrawing of the pension (§ 12).
(3) officials on trial and officials of withdrawal can be only reprimands and fines imposed. No. 1 and § 3 and § 37 of the federal civil servants Act apply to the dismissal of officers on trial and officials on withdrawal due to a disciplinary offence article 34, paragraph 1.

§ 6 reference, the reference is the written Reprehension of a particular behavior of the officials. Initial statements (rebukes, exhortations or Rügen) which are not explicitly referred to as reference, are no disciplinary action.

§ 7 fine the fine can be imposed up to the amount of monthly service or candidate salaries of officials. The official has no service or candidate withdrawals, the fine may be imposed up to the amount of 500 euros.

§ 8 reduction of remuneration (1) which is a reduction of the remuneration fraction moderate reduction in the monthly salaries of civil servants by more than a fifth on no more than three years. It extends to all the offices of civil servants in the event the nonrepudiation of the decision holds. The officials from a previous public service employment gained a pension entitlement, this remains unaffected by the reduction of salaries.
(2) the reduction of the remuneration starts with the calendar month following the entry of the nonrepudiation of the decision. Is the official before entering the nonrepudiation of the decision to retire, a corresponding reduction of the pension (§ 11) is considered fixed. The official occurs during the duration of the reduction of salaries in retirement, will be referred to as the salaries for the same period pension according to. Death grants, as well as widows and orphan are not trimmed.
(3) the reduction of the remuneration is inhibited, while non-remuneration of civil servants is on leave. He can pay however monthly advance the reduction amount for the duration of his leave of absence on the employer; the duration of the reduction of the salaries after the end of the leave of absence diminishes accordingly.
(4) as long as his salary be reduced, the official must be carried. The period can be shortened in the decision, unless this is indicated with regard to the duration of the disciplinary procedure.
(5) the legal consequences of the reduction of the salaries also include a new civil servant. Where the recruitment or employment at a price higher than the previous Office of transportation is right in application of paragraph 4.

§ 9 (1) downgrading the downgrading is the displacement of the officials in Office of same career with lower final basic salary. The officials loses all rights from his previous Office including the associated remuneration and the power to lead the former official name. Unless otherwise determined in the decision, also the honorary appointments and the auxiliary officer in connection with the previous Office or on request, suggestion or behest of his superiors has taken over end with the downgrading.
(2) the remuneration of the new Office are paid by the calendar month following the entry of the nonrepudiation of the decision. Is the official before entering the nonrepudiation of the decision to retire, he receives pensions after the grade specified in the decision.
(3) the officer may be transported at the earliest five years after the occurrence of the nonrepudiation of the decision. The period may be reduced in the decision, unless this is indicated with regard to the duration of the disciplinary procedure.
(4) the legal consequences of the downgrading also extend to a new relationship of civil servants. Where the recruitment or employment in a higher office than the one in which the official was demoted, is equal with regard to paragraph 3 carriage.

Article 10 removal of the civil service (1) with the distance of the civil service ends the employment relationship. The official lose the right to remuneration and supply, as well as the power to use the official designation and the title conferred in relation to the Office and to wear the uniform.
(2) the payment of remuneration is set at the end of the calendar month in which the decision becomes final. The civil servants retirement occurs before the decision on the removal of the civil service is unassailable, the decision considered withdrawing of the pension.
(3) the officer away from the civil servant receives a maintenance contribution amounting to 50 percent of salaries, which are available to him in the event the nonrepudiation of the decision; for the duration of six months a withholding of emoluments according to § 38 paragraph 2 is ignored. The granting of the maintenance contribution can be excluded in the decision wholly or in part, unless the officer is the apparent circumstances after not needing or not worthy of their. It may be extended for six months, in the decision, as far as this is necessary to avoid undue hardship; the officer has to make the circumstances credible. The special provisions of section 79 (4) shall apply for the payment of the maintenance fee the removal of the civil service and their legal consequences extend to all offices which holds the official entry of the nonrepudiation of the decision.
(5) is a civil servant, who has previously stood in another service relationship the Federal Government removed from the civil servant, he loses the requirements from the previous employment when pronounced this disciplinary measure for a service offence has been committed in the previous employment.
(6) an officer has been removed from the civil servant, must he be not reappointed to the officials. It should be also does not constitute another employment relationship.

§ 11 reduction of the pension which is reduction of the pension the fraction-moderate reduction of the monthly pension of retired officials to not more than one-fifth on no more than three years. Section 8, subsection 1, sentence 2 and 3 as well as para 2 sentence 1 and 4 accordingly.

Article 12 withdrawal of the pension (1) with the withdrawal of the pension of retired civil servants loses claim to care including pensions and the power to lead the official title and the titles were awarded in connection with the previous post.
(2) after the withdrawal of the pension of retired civil servants receives up to the grant of a pension due to an insurance, but no longer than for a period of six months, a maintenance contribution amounting to 70 per cent of the pension which he is entitled to in the event the nonrepudiation of the decision; a reduction of the pension according to § 38 paragraph 3 is ignored. § 10 para 3 sentence 2 to 4 shall apply mutatis mutandis.
(3) the withdrawal of the pension and their legal consequences extend to all offices of the retired officers at retirement has had held.
(4) section 10, paragraph 2, sentence 1 and paragraph 5 and 6 shall apply mutatis mutandis.

§ 13 rated the disciplinary measure (1) the decision on a disciplinary measure is taken to dutiful discretion. The disciplinary measure is calculated according to the severity of the disciplinary offence to. The personality image of the officer is appropriately taken into account. In addition, to be considered to what extent the officials has affected the confidence of the employer or of the general public.
(2) an official who has finally lost the trust of the employer or of the general public through a serious service offence, must be removed from the civil servant. The pension is stripped of the retired officials, if he would need to be removed as still in the service of exposing official of the civil service.

§ 14 admissibility of disciplinary action after criminal or penalty procedures (1) has been imposed incontestably a penalty, fine or disciplinary action against an official in the criminal or penalty procedures, or can an act pursuant to section 153a, para 1, sentence 5 or paragraph 2 sentence 2 of the code of criminal procedure to the fulfilment of conditions and instructions not more than offenses be prosecuted, shall be a reference for same facts 1. , a fine or a reduction of the pension are not pronounced, 2. a reduction in the remuneration be pronounced only if it is also necessary to stop the civil servants to the duty.
(2) the officials in the penal or penalty procedures has been acquitted legally, should a disciplinary measure be pronounced because of the facts of the case, which has been the subject of the judicial decision, only if this situation represents a service offence, without to meet the facts of a criminal or fine provision.

§ Are since a reference are no longer granted the completion of a disciplinary offence for more than two years passed, May 15 disciplinary ban due to passage of time (1).
(2) are more than three years passed since the completion of a disciplinary offence, a fine, a reduction of the remuneration or a reduction of the pension must be spoken out.
(3) more than seven years have passed since the completion of a disciplinary offence may no longer be recognized on downgrading.
(4) the terms of paragraphs 1 to 3 are interrupted by the introduction or expansion of the disciplinary procedure, bringing the disciplinary action, the survey of the Nachtragsdisziplinarklage or the arrangement or expansion of investigations against officials on trial and officials on withdrawal according to § 34 paragraph 3 sentence 2 and § 37 para 1 in conjunction with § 34 paragraph 3 sentence 2 of the federal civil servants Act.
(5) the terms of paragraphs 1 to 3 are suspended for the duration of a suspension of the disciplinary procedure according to section 22 or for the duration of the involvement of the Works Council for the duration of the opposition proceedings, of the judicial disciplinary proceedings. Is a criminal or fine procedures initiated before the deadline because of the same facts or proceedings of the civil service, which is inhibited period for the duration of this process.

A reference should article 16 prohibition of exploitation, removal from the personnel file (1) after two years, a fine, a reduction in salaries and a reduction of the pension may be the may after three years and a downgrading after seven years with further disciplinary measures and other personnel actions no longer be considered when (prohibition of utilization). The official not affected considered by the disciplinary measure after the entry of the prohibition of exploitation.
(2) the period for the prohibition of exploitation starts as soon as the decision on the disciplinary measure is incontestable. You does not end as long as a criminal law instituted against the officer or disciplinary proceedings is not unassailable completed, an other disciplinary measure may be taken into account, a decision on the reduction of the remuneration is still not enforced or legal proceedings about the termination of the officials or the assertion of claims for damages against the officer is pending.
(3) entries in the personnel file of the disciplinary measure are to remove officio after the occurrence of the recycling ban and destroy. The rubrum and the decision formula of a final court decision, which was recognized on a downgrading, remain in the personnel file. The name of another party and the agent, the names of the judges, as well as the cost decision are obscure. At the request of the officials, is not the distance or is a separate storage. The application must be within one month, after has been upcoming distance communicated to the officials and he advised of his right to apply and the deadline. If the application is made or remain rubrum and decision formula of a final judicial decision pursuant to sentence 2 in the personal file, banning exploitation in the registrations is noted.
(4) paragraphs 1 to 3 shall apply mutatis mutandis for disciplinary actions, that did not lead to a disciplinary measure. The period for the prohibition of exploitation is if the disciplinary procedure no. 1 is set according to § 32 para 1, three months and two years. The period begins with the entry of the nonrepudiation of the decision which concludes the disciplinary procedures, in addition with the day on which the service Chief, who is responsible for the initiation of the disciplinary procedure, receives sufficient actual evidence justifying the suspicion of a disciplinary offence.
(5) on the removal and destruction of disciplinary operations, which have led to a disapproving statement, § 112 para 1 sentence 1 No. 2, sentence 2 and 3 of the federal civil servants act finds application.
Part 3 administrative disciplinary proceedings Chapter 1 Introduction, expansion and restriction of article 17 introduction of Office due to actual evidence sufficient to (1) If before, that justify the suspicion of a disciplinary offence, the superior has the duties to initiate disciplinary proceedings. The higher service Chief and the Supreme authority of service ensure the fulfilment of this obligation in as part of their supervision; You can drag the disciplinary proceedings at any time in itself. The introduction is on record to make.
(2) is to be expected that a disciplinary measure not taken into consideration comes after the sections 14 and 15, a disciplinary procedure is not initiated. The reasons are on record to make, and to announce the official.
(3) an official holds two or more offices, which are not available in the ratio of primary to part-time judge, and intends the service supervisors, one of these offices belongs to the Division to initiate disciplinary proceedings against him, he shall inform the superiors, who are responsible for the other posts. Another disciplinary proceedings may not be brought against officials because of the same facts. An official holds two or more offices, which are in the ratio of primary to part-time judge, only the Service Manager can initiate disciplinary proceedings against him, who is responsible for the main office.
(4) the responsibilities according to the paragraphs 1 to 3 are not affected by a leave of absence, a delegation or assignment. The obligation resulting from paragraph 1 with respect to the misconduct committed during the detachment on the new Service Manager enters a delegation, as far as this leaves the other superiors do not exercise or as far as nothing else is determined.

Introduction at the request of the officials (1) the officials can article 18 when the Service Manager or initiation of a disciplinary procedure against themselves apply for the higher superiors, to relieve himself of the suspicion of a disciplinary offence.
(2) the application may be rejected only if there are not actual evidence enough to, that justify the suspicion of a disciplinary offence. The decision is communicated to the officials.
(3) section 17, subsection 1, sentence 2 second half-sentence, and sentence 3 and paragraph 3 and 4 shall apply mutatis mutandis.

§ 19 expansion and restriction (1) the disciplinary proceedings may be extended until the adoption of a decision after the sections 32 to 34 on new acts, that justify the suspicion of a disciplinary offence. The expansion is on record to make.
(2) the disciplinary proceedings can be limited up to the adoption of a decision under sections 32 to 34 or an opposition decision according to § 42 by such acts are eliminated, falling for the type and amount of punishment expected not expected to be in the weight. The restriction is on record to make. The eliminated acts can not be included in the disciplinary procedure except when the requirements for the limitation is subsequently. The eliminated acts are not involved, they cannot be the subject of a new disciplinary procedure according to the unquestionable conclusion of disciplinary proceedings.
Chapter 2 section 20 information, instruction and consultation of the official (1) which is official about notify without delay the initiation of disciplinary proceedings, as soon as this is possible without jeopardizing the investigation of the facts of the case. This is to open it which misconduct is placed him to the last. He is at the same time to indicate that it is at liberty to express themselves orally or in writing or not to testify to the thing, and at any time an agent or adviser to use.
(2) for the submission of a written statement a deadline is given the officials a month and for the making of the Declaration to express orally two weeks. The officials in time stated orally to want to express, is the hearing within three weeks after receipt of the Declaration of conduct. Officer for compelling reasons is unable to observe a time limit pursuant to sentence 1 or to comply with a summons to oral proceedings, and he immediately announced this, which is to extend the relevant period or to download it again. The deadlines and charges are to be to the officials.
(3) is that referred to in paragraph 1 sentence 2 and 3 prescribed information there have been no or incorrect, the testimony of the officers not to his detriment may be recycled.

Article 21 the necessary investigations carry obligation to carry out investigations, exceptions (1) for the investigation of the facts of the case. The incriminating are identify exculpatory and the circumstances that are important for the design of a disciplinary measure. The higher service Chief and the Supreme Administrative authority can drag the investigation itself.
(2) investigation is refrain, as far as the facts on the basis of the findings of a final judgment or in the administrative procedure, which according to § 9 of the federal salaries Act over the loss of remuneration for culpable absence from the service it was decided in the criminal fine procedure is established. Investigations can also be seen from, as far as the facts otherwise enlightened, particularly after the other legislatively mandated procedure.

Section 22 meeting of disciplinary proceedings with criminal proceedings or other proceedings, suspension (1) is raised the public complaint against the officers because of the facts underlying the disciplinary proceedings, in criminal proceedings, is subject to the disciplinary procedure. The suspension is omitted if no reasonable doubt exist on the facts of the case or if in criminal proceedings for reasons not can be negotiated, which lie in the person of the officer.
(2) the 1 suspended disciplinary procedures is set pursuant to paragraph 1 to continue without delay if the conditions of in paragraph 1 subsequently set 2, at the latest with the final completion of the criminal proceedings.
(3) the disciplinary proceedings may also be placed if in another is legally ordered proceedings on a question to decide, whose rating is for the decision in the disciplinary procedures essential. Paragraph 1 apply accordingly set 2 and paragraph 2.

§ 23 binding to actual findings of criminal or other proceedings (1) the findings of a final judgment or in the administrative procedure, which according to § 9 of the federal salaries Act over the loss of remuneration for culpable absence from the service it was decided in the criminal penalty procedures are binding in disciplinary proceedings, that has the same facts to the subject,.
(2) the actual findings made in other legislatively mandated proceedings are not binding, can be but based the decision in disciplinary proceedings without further verification.

Section 24 the required evidence is evidence (1) to collect. This can especially 1 written official information requested will be, 2. witnesses and experts heard or their written expression collected 3 documents and files, and 4 taken the scrutiny.
(2) minutes of statements made by persons who have been heard in any other legislatively mandated process, as well as minutes of a judicial inspection can be recycled without further evidence.
(3) a proof request of officials is to decide after due consideration. The evidence request is to give place, as far as he for the fact - or guilt or for the assessment of the nature and amount of a disciplinary measure of importance can be.
(4) the officials is to give the opportunity to participate in the questioning of witnesses and experts, as well as in the capture of the inspection and to ask relevant questions. He can be excluded from participation in, as far as this is necessary for important reasons, in particular with regard to the purpose of the investigation or to protect of the rights of third parties. A written opinion is to make him accessible, unless there are compelling reasons.

Section 25 are obliged to the testimony and expert to reimburse by opinion witnesses and experts (1) witnesses. The provisions of the code of criminal procedure on the obligation to testify as a witness or as an expert to give an opinion about the rejection by experts, as well as about the interrogation of members of the public service as a witness or expert shall apply mutatis mutandis.
(2) witnesses or experts without deny one of the sections 52 to 55 and 76 of the code of criminal procedure mentioned reasons the statement or the reimbursement of the opinion, requested the Court to the hearing. In the request, the subject-matter of the hearing are set out, as well as to specify the names and addresses of the parties involved. The Court decides on the legality of the refusal of the statement or the refund of the opinion.
(3) a request should be done pursuant to paragraph 2 only of the superiors, his general representative or an authorized employee, who has the qualification of judgeship.

Section 26 publication of documents of civil servants has documents, drawings, pictorial representations, and records including technical records that have a business relationship to provide at the request of the disciplinary proceedings. The Court can order publication at the request by decision and force the imposition of penalty; § 25 paragraph 3 applies to the request accordingly. The decision is final.

§ 27 seizures and searches (1) the Court may on application by decision of seizures and searches order; § 25 paragraph 3 shall apply mutatis mutandis. The arrangement may be taken only if the officials of the disciplinary offence alleged is him strongly suspect and the measure to the importance of the matter and the punishment to be expected not disproportionate. Shall apply the provisions of the code of criminal procedure on seizures and searches, unless not determined otherwise in this Act.
(2) the measures may be carried only by the authorities appointed to do so according to the code of criminal procedure referred to in paragraph 1.
(3) by paragraph 1 is the fundamental right of inviolability of the home (article 13 para 1 of the Basic Law) limited.

§ 28 protocols are Protocol on hearings of officials and evidence to record; § 168a of the code of criminal procedure shall apply mutatis mutandis. The inclusion of a file note simply obtaining written official information, as well as the assistance of documents and files.

§ 29 orientate information (1) is the submission of personnel files and other authority documents containing personal data, as well as the provision of information from these files and documents on the bodies concerned with disciplinary procedures and the processing or use of personal data so collected in disciplinary proceedings, as far as no other legal provisions there are, permitted even against the wishes of the officer or other interested parties if and to the extent required by the implementation of the disciplinary procedure and overwhelming concerns of officials , do not preclude other interested parties or the requested points.
(2) between the services one or different employer as well as between the parts of an office notifications relating to disciplinary proceedings, facts from disciplinary proceedings and decisions of the disciplinary bodies and the template on this guided files allowed, if and insofar as this is necessary for the implementation of the disciplinary procedure, with regard to the future transfer of tasks or offices at the officials or in some cases from special interests, taking into account the concerns of officials or other persons concerned.

Section 30 is final hearing upon the termination of the investigation to give the officials an opportunity to finally express; Article 20, paragraph 2 shall apply mutatis mutandis. The hearing can be avoided if the disciplinary procedure should be adjusted according to § 32 para 2 No. 2 or 3.

Article 31 distribution of disciplinary proceedings the superior holds according to the result of the hearings and investigations his powers under sections 32 to 34 not sufficient, so he brings about the decision of the higher superiors or the Supreme Administrative authority. The higher superior or the Supreme authority of the service can return the disciplinary Service Manager, if she want more investigations necessary for or whose powers for sufficiently hold.
Chapter 3 decision § 32 set setting available (1) that is disciplinary action when 1 a service offence has not been proved, 2. a service offence is indeed proven, displayed a disciplinary measure but not appears, 3. According to section 14 or section 15 a disciplinary measure not may be pronounced or 4. the disciplinary procedure or a disciplinary measure for other reasons is not permitted.
(2) the disciplinary procedure is also provided if 1 the official dies, 2. the officers expire by dismissal, loss of rights of civil servants, or removal or the consequences of a court decision come 3 to a retired official according to article 59 (1) of the officials supply Act.
(3) the setting is to establish and to deliver.

§ 33 disciplinary available (1) is a reference, a fine, a reduction of the remuneration or shown a reduction of the pension, such a measure is pronounced by disciplinary available.
(2) each service Chief is authorized to direct, and fines against the officials subordinate to him.
(3) cuts salaries may set: 1. the Supreme authority of service up to a maximum and 2. the Supreme authority of the service immediately subordinate superiors up to a cut by one-fifth of the salaries for two years.
(4) he may impose competent superior according to section 84 to the exercise of disciplinary powers cuts of the pension to the maximum extent.
(5) the highest authority of service onto No. 1 their powers under paragraph 3 General arrangement wholly or partly subordinate superior; the arrangement is to be published in the Federal Law Gazette.
(6) the disciplinary measure is to establish and to deliver.

§ 34 bringing the disciplinary action (1) against the officials on downgrading, to removal of the civil service or detected on withdrawal of the pension, it is to bring disciplinary action against him.
(2) the disciplinary action is required at the officials by the Supreme authority of service for retired civil servants through the after section 84 to the exercise of disciplinary powers competent superiors. The Supreme authority of the service onto their powers pursuant to sentence 1 by General order wholly or partly subordinate service supervisors; the arrangement is to be published in the Federal Law Gazette. Section 17, paragraph 1, sentence 2 shall apply accordingly second half-sentence as well as paragraph 3 and 4.

Section 35 limits the further exercise of disciplinary powers (1) are the settings available and the disciplinary disposition immediately be forwarded to the higher superiors. This keeps his powers under paragraphs 2 and 3 not enough, he has the setting available or the disciplinary order to submit to the Supreme Administrative authority without delay. The Supreme authority of the service can return the disciplinary proceedings to the higher superiors if she want more investigations necessary for its powers or for sufficiently holds.
(2) the higher service Chief or the Supreme Administrative Authority may adopted a disciplinary order regardless of a setting of the disciplinary procedure in accordance with § 32 para 1 as part of their responsibilities because of the same facts, Institute disciplinary proceedings. A decision pursuant to sentence 1 is allowed only within three months of the notification setting available, unless a final judgment on the basis of actual findings that differ from those findings on which the decision is based, are faring because of the same facts.
(3) the higher superior or the Supreme authority of the service can a disciplinary order of a subordinate superiors, that also a disciplinary order itself adopted by you at any time reverse Supreme Administrative authority. Can a new decision in accordance with their competences in the matter, or to institute disciplinary proceedings. A tightening of disciplinary type or height or bringing the disciplinary action is allowed only within three months of the notification of the disciplinary available, unless a final judgment on the basis of actual findings that differ from those findings on which the decision is based, are faring because of the same facts.

Article 36 procedure in subsequent decision in the criminal or penalty procedures
(1) is issued the disciplinary disposition at the request of the officials by the superiors who adopted them, to pick up and set the disciplinary proceedings after joining the nonrepudiation of disciplinary available in criminal or fine process that has been initiated because of the same facts, a decision after the disciplinary measure would not allowed pursuant to § 14, is incontestable.
(2) the request period is three months. It begins with the day on which the officer received knowledge of the decision referred to in paragraph 1.

§ 37 cost bearing obligations (1) the officials against the of a disciplinary measure is imposed the incurred may be imposed. The misconduct that sets the officials to the load, in part the basis for the disciplinary order or special costs are incurred investigations, resulting in favour of civil servants has failed, the expenses only to a proportionate extent can be imposed on him.
(2) if the disciplinary procedure is adjusted, the employer bears the incurred expenses. Adjusted despite existence of a disciplinary offence, the expenses can be imposed on the officials or divided in the ratio.
(3) in the case of a request pursuant to § 36 his applies in the case of rejection of the application of paragraph 1 and in the case of granting paragraph 2 according to.
(4) unless the employer bears the incurred, he must reimburse the costs that were necessary for the adequate prosecution official. The officials of an agent or adviser has operated, the fees and expenses are recoverable. Expenses incurred through the fault of the officials must bear this itself; a representative's fault is attributable to him.
(5) the administrative disciplinary procedure is free of charge.
Chapter 4 preliminary suspension and withholding of references section 38 admissibility (1) the authority responsible for bringing the disciplinary action can an officer at the same time or after the initiation of the disciplinary procedure provisionally of the service a dismissal impeach if in disciplinary proceedings is expected at a distance from the civil servant or withdrawal of the pension will be recognized or when an official on trial or an official, on withdrawal is expected according to § 5 para 3 sentence 2 of this Act in conjunction with article 34, paragraph 1 Sentence 1 No. 1 or § 37 para 1 sentence 1 of the federal civil servants Act will be carried out. She can impeach a also provisionally the officials in the service if his remaining in the service of the service or the investigation much would adversely affect and is the provisional suspension on the importance of the matter and the punishment to be expected not disproportionate.
(2) the authority responsible for bringing the disciplinary action may order at the same time or after the provisional suspension, that up to 50 percent of the monthly service or candidate references are retained the officials when in disciplinary proceedings is expected at a distance from the civil servant or withdrawal of the pension will be recognized. The same applies if the civil servants in the civil servant on trial or on withdrawal is expected to be released No. 1 or § 37 para 1 sentence 1 of the federal civil servants act according to § 5 para 3 sentence 2 of this Act in conjunction with article 34, paragraph 1, sentence 1.
(3) the authority responsible for bringing the disciplinary action may order at the same time or after the initiation of the disciplinary procedure, that up to 30 per cent of the pension will withhold the retired officers in disciplinary proceedings is expected on withdrawal of the pension will be recognized.
(4) the authority responsible for bringing the disciplinary action may waive the provisional suspension, the withholding of service or candidate references, as well as the withholding of pension at any time wholly or in part.

Section 39 (1) the legal effects is the provisional suspension with the delivery, the withholding of payments with the due date following on the delivery effective and executable. They extend to all offices, the official has held.
(2) for the duration of the provisional suspension, the compensation claims incurred in connection with the official rest.
(3) if the official provisionally the service relieved, while he culpably TV service, the loss of remuneration established pursuant to § 9 of the federal salaries Act continues. It ends at the time when, the officials had taken his service, if he this not would have been hindered by the provisional suspension. The point is to determine by the authority responsible for bringing the disciplinary action, and to inform the officials.
(4) the provisional suspension and the withholding of payments ends with the final completion of the disciplinary procedure.

Section 40 the emoluments withheld according to article 38, paragraph 2 and 3 will expire after foreclosure and payment of withheld amounts (1) is 1 in the disciplinary procedure on removal of the civil service, or withdrawal of the pension has been detected or a dismissal according to § 5 para 3 sentence 2 of this Act in conjunction with section 34 paragraph 1 sentence 1 No. 1 or § 37 para 1 sentence 1 of the federal civil servants act , 2. in criminal proceedings initiated because of the same facts a penalty has been imposed, the loss of rights as a civil servant or retired civil servant, 3. the disciplinary proceedings on the basis of § 32 para 1 has been set no. 3 and a new disciplinary action that has been initiated within three months after the closure of the same facts, has led to the removal of the civil service or to the withdrawal of the pension or 4. the disciplinary procedure for the reasons of § 32 para 2 No. 2 or 3 has been set and the competent authority (section 34 paragraph 2) has noted for bringing the disciplinary action, that the removal of the civil service and the withdrawing of the pension would have been justified.
(2) if the disciplinary proceedings otherwise than in the cases of paragraph 1 is incontestably completed, the salaries withheld according to article 38, paragraph 2 and 3 are to pay. Income from approved activities (section 99 of the federal civil servants Act) will be counted towards the remuneration to be paid to, and the official reason of the provisional suspension has exercised a disciplinary measure has been imposed if the competent authority finds for bringing the disciplinary action, that a service offence has been proved. The official is obliged to provide information about the amount of such income.
Chapter 5 opposition proceedings section 41 necessity, form and time limit of contradiction is (1) before of the bringing of action of officials making opposition proceedings. Opposition proceedings does not occur if the contested decision is adopted by the Supreme authority of service.
(2) section 70 of the administrative court order applies to the form and the period of opposition.

By the Supreme authority of service for retired civil servants responsible after § 84 Service Manager issue opposition notice (1) which is inconsistent decision section 42. The Supreme authority of service onto their jurisdiction pursuant to sentence 1 by General order wholly or partly subordinate authorities; the arrangement is to be published in the Federal Law Gazette.
(2) in the notice of opposition, the decision not to the detriment of the official must be amended. The power to make a different decision, according to § 35 paragraph 3 shall remain unaffected.

§ 43 limits the further exercise of disciplinary powers is the opposition decision to submit to the Supreme Administrative authority without delay. This may at any time waive the opposition decision has been decided about a disciplinary order through the. She can in case a new decision or take disciplinary action. A tightening of disciplinary type or height or bringing the disciplinary action is allowed only within three months of the notification of the opposition decision, unless undergoing a final judgment on the basis of actual findings that differ from those findings on which the decision is based, because of the same facts.

§ 44 cost transfer duty (1) in opposition proceedings the unsuccessful part bears the incurred expenses. The opposition has some success, are to share the expenses in proportion. Is a disciplinary order despite the existence of a disciplinary offence is repealed, the expenses may be imposed wholly or partly the officials.
(2) the officer takes back the opposition, he bears the incurred expenses.
(3) the opposition proceedings on the merits in other ways, go away is to decide on the incurred at its reasonable discretion.
(4) paragraph 4 and 5 shall apply mutatis mutandis § 37.
Part 4 judicial disciplinary proceedings Chapter 1 disciplinary jurisdiction § 45 jurisdiction of the Administrative Court
The courts of administrative jurisdiction perform the functions of the disciplinary jurisdiction under this Act. These chambers are in the administrative courts, and Senate for disciplinary matters in the district. The provincial legislature may order the assignment of the duties referred to in sentence 1 to a court for the districts of several dishes. As far as a court for the districts of several dishes is responsible under land law for proceedings under the disciplinary law of the land, this Court is responsible for the tasks referred to in sentence 1, if otherwise. § 50 para 1 No. 4 of the administrative court procedure shall remain unaffected.

§ 46 Chamber for disciplinary matters (1) the Chamber for disciplinary matters decides in the cast of three judges and two officials assessors as honorary judges, if not a single judge decides. The officials Committee member not participate in decisions outside the hearing and court decisions. One of the officials Committee member shall include the administrative branch and the grade of the official, against whom the disciplinary proceedings aimed.
(2) § 6 of the administrative court order applies to the transfer of the proceedings to the judge. In the proceedings of the disciplinary action, a transfer to the single judge is excluded.
(3) the Chairman of the Chamber decides for disciplinary matters, if the decision in the preparatory proceedings, 1 withdrawal of the action, the application or an appeal, 2. completion of the judicial disciplinary proceedings in the main action and 3 about the cost.
A Rapporteur is appointed, he decides on behalf of the Chairman.
(4) the provincial legislature can regulate the composition of the Chamber for disciplinary matters by way of derogation from paragraphs 1 to 3. As far as national law for the procedure under the disciplinary law of the country a different cast of the Chamber for disciplinary matters is provided, this occupation is if nothing else is determined for the court proceedings under this Act.

§ 47 officials assessor (1) that officials associate members must be lifetime appointed officials in the Federal Government and in their selection or order have their official residence (section 15 of the federal pay law) in the District of the competent administrative court. An administrative courts the jurisdiction for the districts of several administrative courts is transmitted, the officials Committee member must have their official residence in one of these districts.
(2) the articles 20 to 29 and 34 of the administrative court order are not subject to § 50 paragraph 3 on the official associate members to apply.
(3) the procedure for the selection or order the official assessor determined according to national law.

Section 48 exclusion from the exercise of the judicial function (1) a judge or official assessor is by the exercise of the judicial function law excluded if he 1 through the misconduct is hurt, 2. spouse, life partner or legal representative of the officials or the injured person or was, 3rd with the officials or the injured person in a straight line, used or in-law or in the lateral line up to the third degree-related or up to the second degree was or is related by marriage , was 4th in the disciplinary proceedings against the officer was heard as a witness or expert has filed an opinion, 5th in criminal initiated because of the same facts or fine proceedings against the officials was involved in, 6 service supervisor of officials is was or is involved in a service supervisor of officials with the processing of personnel affairs of officials or 7 as a member of staff representation in disciplinary proceedings against the officer has collaborated.
(2) a member of the civil servants is also excluded if he belongs to the services of the officers.

Paragraph 49 does not use of an official assessor a officials associate members, against the disciplinary action or for an intentional offence the public complaint or proposes the adoption of a Strafbefehls or which banned the management of its service business been is, cannot during this procedure, or for the duration of the ban to the exercise of his Office used to.

Section 50 is delivery by the Office of official assessor (1) the officials Committee member by his Office to release, if 1 in criminal proceedings to a freedom penalty legally has been condemned, 2. in disciplinary proceedings against him unmistakably a disciplinary measure with the exception of a reference has been pronounced, 3. he in an Office outside the districts, for which the Court has jurisdiction, is transferred, 4 ends the civil servant or 5. requirements for the Office of the official assessor pursuant to § 47 para 1 in their selection or order were not available.
(2) in special cases of hardship, the officials Committee member also at the request of the other exercise can be relieved of the Office.
(3) article 24 par. 3 of the administrative court order applies for the decision.

Article 51 for disciplinary matters (1) for the Senate for disciplinary matters of the Oberverwaltungsgericht apply Senate article 46, paragraph 1 and 3 and paragraphs 47 to 50.
(2) for the Federal Administrative Court, article 48, paragraph 1 applies accordingly.
Chapter 2 disciplinary proceedings before the Administrative Tribunal section 1 complaint procedure § 52 proceedings, form and period of action (1) that is disciplinary action in writing to collect. The writ must be assigned the personal and professional career of officials, the previous course of the disciplinary proceedings, the facts, where a service offence is seen, and the other facts and evidence which are significant for the decision. The requirements of § 23 para 1 are available, can be referenced because the facts, where a service offence is seen, binding findings of the underlying judgments.
(2) the articles 74, 75 and 81 of the administrative court procedure apply to the form and period of other complaints. The running of the period of 75 sentence 2 of the administrative court order is suspended as long as the disciplinary procedure is suspended pursuant to section 22.

§ 53 Nachtragsdisziplinarklage (1) new offences which are not the subject of any pending disciplinary action, can only through the collection of Nachtragsdisziplinarklage be included in the disciplinary proceedings.
(2) the employer keeps the inclusion of new actions appears, it shall inform the Court specifying the concrete evidence, that justify the suspicion of a disciplinary offence. The court sets out the disciplinary procedure subject to paragraph 3 and determines a time limit may be raised to up to the Nachtragsdisziplinarklage. The period may be extended to a request of the employer, provided prior to expiration if this expected to be unable to meet it for reasons that he cannot be held responsible. The deadline and its extension are made by decision. The decision is final.
(3) the Court can refrain from a suspension of the disciplinary procedure referred to in paragraph 2 If would fall the new actions for the type and amount of punishment expected expected to be not in the weight or their inclusion considerably delay the disciplinary procedure; Paragraph 2 sentence 4 and 5 shall apply mutatis mutandis. Despite a continuation of the disciplinary procedure pursuant to sentence 1 Nachtragsdisziplinarklage may be charged the new offences to delivery of the cargo to the hearing or the delivery of a decision according to § 59. The new actions may be also the subject of a new disciplinary procedure.
(4) is not Nachtragsdisziplinarklage is raised within the time limit specified in paragraph 2, the Court continues the disciplinary procedures without inclusion of new activities; Paragraph 3 sentence 2 and 3 shall apply mutatis mutandis.

§ 54 instruction of officials which is official by the Chairman at the same time with the delivery of the disciplinary action or the Nachtragsdisziplinarklage on the time limits of article 55, paragraph 1, and article 58, paragraph 2, as well as to the consequences of failure to comply with the deadline noted.

Shortcomings of the administrative disciplinary proceedings or of the writ (1) in any disciplinary action official significant defects of the administrative disciplinary procedure or the writ claims within two months after service of the complaint or the Nachtragsdisziplinarklage has to make article 55.
(2) the Court can disregard significant defects that cannot be claimed within the period of referred to in paragraph 1, if their consideration would delay the completion of the disciplinary procedure his free opinion and the officials about the consequences of failure to comply with the time limit is been taught; This does not apply if the official makes believable compelling reasons for the delay.
(3) the Court may set a deadline for eradicating a substantial violation, which the official has asserted in a timely manner or its mainstreaming holds it for display, regardless the employer. § 53 para 2 sentence 3 to 5 shall apply mutatis mutandis. Is the deficiency is not removed within the time limit, the disciplinary procedure is adjusted by decision of the Court.
(4) the final setting is equivalent to a final judgment pursuant to paragraph 3.

Article 56 restriction of the disciplinary procedure
The Court may limit the disciplinary proceedings by it leaves such acts, falling for the type and amount of punishment expected not or probably not in the weight. The eliminated acts can not be included in the disciplinary procedure except when the requirements for the limitation is subsequently. The eliminated acts are not involved, they cannot be the subject of a new disciplinary procedure according to the unquestionable conclusion of disciplinary proceedings.

Article 57 the findings of a final judgment or in the administrative procedure, which according to § 9 of the federal salaries Act over the loss of remuneration for culpable absence from the service it was decided in the criminal penalty procedures are binding on actual findings from other processes (1) in disciplinary proceedings, which has same facts on the subject, be binding on the Court. However, it has the re-examination of such findings to decide which are obviously incorrect.
(2) the actual findings made in other legislatively mandated proceedings are not binding, can be but based the decision without review.

Section 58 taking of evidence (1) the Court collects the required evidence.
(2) in the case of a disciplinary complaint evidence requests by the employer in the application and by the officials must be within two months of notification of the claim or the Nachtragsdisziplinarklage. A late application can be rejected if its consideration would delay the completion of the disciplinary procedure after the free conviction of the Court and the officials about the consequences of failure to comply with the time limit is been taught; This does not apply if compelling reasons for the delay be made credible.
(3) the provisions of the code of criminal procedure on the obligation to testify as a witness or as an expert to reimburse an opinion about the rejection by experts, as well as about the interrogation of members of the public service as witnesses and experts shall apply by analogy.

§ 59 can recognize the Court, decision by decision (1) in any disciplinary action even after the opening of the oral proceedings, with the consent of the parties by decision 1 on the required disciplinary measure (§ 5), if only a reference, a fine, a reduction of the remuneration or a reduction of the pension is forfeited, or 2. dismissed the disciplinary.
To the Declaration of consent a deadline can be used by the Court, the Chairman or the rapporteur the parties, after which the approval shall be deemed granted, if not a party has objected.
(2) the final decision shall be equivalent to a final judgment pursuant to paragraph 1.

Section 60 hearing, decision by decision (1) the Court decides on the action when the disciplinary procedure otherwise is completed on the basis of oral hearing by judgment. Section 106 of the administrative court order does not apply.
(2) in the case of a disciplinary action, only the acts may be made the subject-matter of the judgment placed the officers in the suit or the Nachtragsdisziplinarklage as misconduct to the load. The Court can recognize the judgment 1 on the required disciplinary measure (§ 5) or the disciplinary action reject 2.
(3) in the case of the annulment of a disciplinary order, the Court apart from the legality checks also the appropriateness of the decision.

§ 61 limits the further exercise of disciplinary powers (1) insofar as the employer withdrew the disciplinary action, the underlying actions can be no longer subject to a disciplinary procedure.
(2) the Court unmistakably decided on the action against a disciplinary order, a further exercise of disciplinary powers only because of such significant facts and evidence is allowed with respect to the acts underlying that decision, which have not incorporated into the judicial disciplinary proceedings. A tightening of disciplinary type or height or bringing the disciplinary action is allowed only within three months of the notification of the judgment, unless a final judgment on the basis of actual findings that differ from those findings on which the decision is based, are faring because of the same facts.
Section 2 special procedures section 62 is request for judicial notice (1) administrative disciplinary proceedings within a period of six months since the introduction by setting or adopting a disciplinary order or by bringing the disciplinary action completed been, the officials at the Court may request the judicial determination of a period at the end of the disciplinary procedure. The period of sentence 1 is suspended as long as the disciplinary procedure is suspended pursuant to section 22.
(2) a sufficient to reason for the missing conclusion of the administrative disciplinary procedure six months does not exist, the court sets a deadline to complete is. Otherwise, it rejected the request. § 53 para 2 sentence 3 to 5 shall apply mutatis mutandis.
(3) if the administrative disciplinary procedure is not completed within the time limit specified in paragraph 2, it is set by order of the Court.
(4) the final decision shall be equivalent to a final judgment pursuant to paragraph 3.

Request for suspension of the provisional suspension and the withholding of references (1) who can officials suspending the provisional suspension and the withholding of service or candidate references the Court applying § 63; The same applies to the retired officials with regard to the withholding of pension. The request is to ask if a disciplinary procedure is pending with him on the same matter at the higher administrative court.
(2) the provisional suspension and the withholding of references are to suspend, if serious doubts as to its legality.
(3) section 80, paragraph 7, of the administrative court order for the amendment or annulment of decisions on applications referred to in paragraph 1 shall apply accordingly.
Chapter 3 disciplinary proceedings before the Administrative Court of appeal section 1 appeal article 64 is lawfulness, form and period of appeals (1) against the judgment of the Administrative Court on a disciplinary action the parties to an appeal to the higher administrative court. The appeal is the administrative court within one month after delivery of the full judgment in writing to submit and justify. The explanatory statement period may be extended by the Chairman on a request made prior to expiration. The explanatory statement must contain a specific request, as well as to leading in particular reasons of appeal (appeal reasons). Lacks one of these requirements, the appeal is inadmissible.
(2) in addition the appeal from the judgment of the Administrative Court is only the parties involved, if it is approved by the administrative court or the administrative court. § § 124 and 124a of the administrative court procedure are to be applied.

§ Apply 65 appeals process (1) for the appeal the provisions on the disciplinary proceedings before the Administrative Tribunal unless otherwise stated in this law. The §§ 53 and 54 are not applied.
(2) significant defects of the administrative disciplinary procedure, which could be disregarded according to § 55 para 2, shall be disregarded in the appeals process.
(3) an application for proof, not been provided before the administrative court within the time limit of section 58, paragraph 2, can be rejected if its consideration would delay the completion of the disciplinary procedure after the free conviction of the Oberverwaltungsgericht and the officials in the first instance about the consequences of failure to comply with the time limit is been taught; This does not apply if compelling reasons for the delay be made credible. Evidence requests, which has rightly rejected the Administrative Court is excluded in the appeals process.
(4) the evidence collected by the administrative court may be based the decision without further taking of evidence.

Section 66 oral proceedings, decision by decision the higher administrative court decides on the appeal, if the disciplinary procedure otherwise is completed, on the basis of oral hearing by judgment. Section 106 of the administrative court order does not apply.
Section 2 complaint section 67 loc., form and time limit of appeal (1) for lawfulness, form and time limit of appeal apply the sections 146 and 147 of the administrative court order.
(2) against decisions of the Administrative Court, according to article 59, paragraph 1 on a disciplinary action is decided by which, the appeal may be based only on the absence of the consent of the parties.
(3) section 146 (4) the administrative court order for the appeal proceedings against decisions of the Administrative Court on a suspension under section 63 shall apply accordingly.

§ 68 decision of the Oberverwaltungsgericht the higher administrative court decides on the complaint by decision.
Chapter 4 disciplinary proceedings before the Federal Administrative Court section 69 form, period, and approval of the revision for the approval of the revision, for the term of filing of audit and of the filing of the appeal against their non-admission, as well as for the reasons of the revision and form apply the articles 132, 133, 137 to 139 of the administrative court order.
Section 70 appeal, deciding on the revision (1) for the revision procedure apply according to regulations of the disciplinary proceedings before the administrative court.
(2) the sections 143 and 144 of the administrative court order apply the decision on the appeal.
Chapter 5 recovery of the judicial disciplinary procedure § 71 recovery reasons (1) the resumption of the disciplinary procedure completed by final judgment is allowed if 1 the judgment a disciplinary measure has been pronounced, which is not provided by type or height in the law, 2. facts or evidence be presented, which are significant and new, 3. the judgment on the content of a fake or forged document or on a given deliberately or negligently false testimony or opinion is based , 4. a judgment, on whose findings the judgment in disciplinary proceedings is been based, lifted by a different final judgment, 5 on the ruling a judge or official assessor, participated in this matter of the criminal violation of an official duty has been guilty, 6 on the ruling a judge or official assessor has participated, by the exercise of the judicial function power law was excluded , unless incontestably a decision the reasons for the statutory exclusion had been made already unsuccessfully claimed that the officials subsequently credibly a service offence admits 7, that has not can be found in the disciplinary proceedings, or 8 in the proceedings of the disciplinary action after its residents in criminal initiated because of the same facts or NCRT is taken, in accordance with § 14 the punishment would be prohibited.
(2) within the meaning of paragraph 1 No. 2 are considerably facts and evidence, if they are alone or in conjunction with the earlier findings to justify a different decision, which can be objective the recovery of the disciplinary procedure. New within the meaning of paragraph 1 No. 2 are facts and evidence which were not known to the Court in its decision. A final judgment on the basis of actual findings that differ from those findings of the judgment in disciplinary proceedings, on which it is based, is taken after the occurrence of the legal force of the judgment in disciplinary proceedings in one because of the same facts initiated criminal or penalty procedures the different findings of the judgment in the criminal or penalty procedures are considered new facts within the meaning of paragraph 1 No. 2 (3) in the cases of paragraph 1 Nos. 3 and 5 is the resumption of the disciplinary procedure only allowed , when a final strafgerichtliche conviction is because of the alleged plot or if a strafgerichtliches procedure for other reasons can be carried out as not launched due to lack of evidence or not.

§ 72 inadmissibility of recovery (1) the resumption of the disciplinary procedure completed by final judgment is inadmissible, if after the occurrence of the force 1 an in fine or criminal judgment which is based on the same facts and also pays tribute to them, as long as this judgment has not legally been lifted, or 2. an in the criminal judgment which the sentenced person has lost his Office or his entitlement to pension or would have lost him , when he would have been still in service or pension would have involved.
(2) the recovery of the disciplinary procedure to the detriment of the officials is also illegal if three years have passed since the entry of the legal force of the judgment.

§ 73 period, procedure (1) the application for resumption of the disciplinary procedure must be at the Court, whose ruling will be challenged, in writing or to the transcript of the Registrar of the Office be filed within three months. The period begins with the day on which the eligible received knowledge of the reason for the resumption. In the application is to call the judgment and to indicate to what extent it will be challenged and which changes are applied. the applications are under designation of evidence to justify.
(2) the provisions on the judicial disciplinary proceedings shall apply for the rest of the procedure, unless otherwise specified in this law.

§ 74 decision by decision (1) that court may request, even after the opening of the oral proceedings, by decision discard, when's the conditions for its authorisation not specified or holds him for apparently unfounded.
(2) the Court may annul the judgment prior to the opening of the oral proceedings with the consent of the competent authority by decision and dismissed the disciplinary or revoke the disciplinary disposition. The decision is final.
(3) the final decision referred to in paragraph 1, as well as the decision referred to in paragraph 2 are just a final judgment.

§ 75 oral proceedings, the Court of (1) the Court decides if the retrial in another way is completed, on the basis of oral hearing by judgment.
(2) against the judgment of the Administrative Court and the Oberverwaltungsgericht the form in the respective proceedings can be appealed.

§ 76 compensation (1) the legal consequences, is in a retrial the judgment in favor of the officers lifted, it receives from the entry of the legal force of reserved judgment on the legal status, he would have received if the repealed decision would have been the decision which has been rendered in the retrial. Was recognized in the repealed decision on removal from the civil servant or withdrawal of the pension, section 42 of the federal civil servants act shall apply mutatis mutandis.
(2) the officials and the persons to whom he is responsible by law can in the case of paragraph 1 in addition to the hereafter subsequently to granting references in the appropriate application of the law on the compensation for law enforcement measures by March 8, 1971 (Federal Law Gazette I p. 157) in the amended request other compensation by the employer. The claim is to claim three months after the final completion of the recovery procedure for the authority responsible for bringing the disciplinary action.
Chapter 6 costs section 77 cost assumption and reimbursable costs (1) the costs ordered duty of those involved and the eligibility of costs shall apply the provisions of the administrative court procedure, unless otherwise specified in the following provisions.
(2) If a disciplinary order despite existence of a disciplinary offence is repealed, the costs may be imposed wholly or partly the officials.
(3) in proceedings on the request for judicial notice (paragraph 62), the Court at the same time with the decision on the period setting application about the costs of the proceedings to be located.
(4) costs within the meaning of this provision are also the costs of the administrative disciplinary procedure.

§ 78 Court in judicial disciplinary charges fees according to the fee schedule of the plant to this law. In addition you are for costs in proceedings before the courts of the administrative courts apply accordingly to rules of the Court cost Act.
Part 5 maintenance contribution at a distance from the civil servant or withdrawing of the pension section 79 maintenance contribution at a distance from the civil servant or withdrawal of the pension (1) the payment of the maintenance fee according to § 10 ABS. 3 or § 12 para 2 begins, unless the decision intended, at the time of the loss of remuneration or of the pension.
(2) the payment of maintenance fee pursuant to § 12 subsection 2 is subject to the recovery, if for the same period is granted a pension on the basis of the insurance. The retired officer has a corresponding declaration of assignment to give to secure the recovery claim.
(3) the Court may determine in the decision that is paid the maintenance contribution wholly or partially to people, to whose maintenance the officials or retired officials is required; After the decision, this can determine the Supreme Administrative authority.
(4) the maintenance contribution employment and unearned income be counted towards article 18a, paragraph 2 and paragraph 3 sentence 1 and 2 of the fourth book of the social code in the sense. The former officials or former retired officers is obliged to, immediately of any changes in its structures, which can be significant for the payment of the maintenance fee, the Supreme Administrative authority. He culpably does not meet this obligation, the maintenance contribution wholly or partly with effect for the past can be revoked. The decision is the Supreme authority of service.
(5) the maintenance contribution will expire, if the person concerned is recalled in a public office or employment.

Section 80 maintenance performance for assistance to crime detection
(1) in the case of the removal of the civil servant or the withdrawal of the pension the last authority Supreme service can say to granting a monthly maintenance service the former officials or former retired officials who violated the ban on the acceptance of rewards or gifts if he revealed his knowledge of facts, knowledge of which has helped, criminal offences, in particular after the sections 331 to 335 of the criminal code , to prevent or to inform about its own participation. The insurance is carried.
(2) the maintenance service is set as a percentage of the entitlement to a retirement pension arising out of insurance, or a performance of the occupational old-age pension with the following stipulations: 1 maintenance performance allowed the amount of pension rights from the insurance not to reach.
2. maintenance service and pension rights from the insurance may not exceed together the amount, which itself would be a pension according to section 14, paragraph 1, of the officials supply law.
The ceilings pursuant to sentence 1 shall also apply to the period of reference of the maintenance performance; the pro rata pension takes the place of pension rights from the insurance.
(3) the payment of maintenance services to the former officials can be done only when it has completed the 65th year of life or receives a pension due to employment or occupational disability from the statutory pension insurance or a corresponding performance from the professional care.
(4) the claim to maintenance goes out for another entry in the public service, as well as in the cases that had the termination of pensions according to § 59 of the officials supply act resulted to a retired official. The surviving spouse or life partner receives 55 percent of maintenance, if at the time of removal the marriage or civil partnership already had consisted of the civil servant or the withdrawal of the pension.

Article 81 pardon (1) the Federal President pardon in disciplinary matters under this Act is entitled to. He can transfer it to other places.
(2) the removal of the civil service and the withdrawing of the pension in after shall be repealed, is section 43, sentence 2 of the federal civil servants act according to.
Part 6 special provisions for individual groups of civil servants and retired officials article 82 police officers of the Federation the Federal Ministry of the Interior determined by Decree No. 2 and paragraph 5 only regarded as superior in the sense of § 33 para 2, para 3 supervisor of the police officers of the Federation.

Section 83 officials of federal authorities, establishments and foundations under public law (1) the Federal Ministry responsible for supervision considered Supreme Administrative authority of officials of federal authorities, establishments and foundations governed by public law within the meaning of this Act. It can transfer his powers by Decree in agreement with the Federal Ministry of the Interior to subordinate authorities and determine who is a subordinate authority, service supervisor, and higher service supervisor in the meaning of this Act. It can regulate jurisdiction for references, fines and cuts salaries by way of derogation from article 33 by Decree in agreement with the Federal Ministry of the Interior.
(2) for the bodies described in paragraph 1, section 144, paragraph 2, of the federal civil servants act establishments and foundations governed by public law shall apply mutatis mutandis.

§ 84 exercise of disciplinary powers for retired officers at retirement officials the disciplinary powers are exercised by Supreme service authority at the time of entry into the retirement. They may delegate their powers general arrangement wholly or partly on subordinate superior; the arrangement is to be published in the Federal Law Gazette. The Supreme authority of the service no longer exists the Federal Ministry of the Interior to determine which authority is responsible.
Part 7 transitional and final provisions article 85 transitional provisions (1) which are initiated disciplinary proceedings under current law in the location where they are continued under this Act, upon entry into force of this Act, unless determined otherwise in paragraphs 2 to 7. Measures which have been taken under previous law, remain valid.
(2) the following disciplinary measures under existing law following disciplinary action under this Act are equal: 1 the salary reduction of the reduction of salaries, 2. the transfer to an Office of same career with lower final basic salary the downgrading and 3. the removal from the service of the removal of the civil service.
(3) formal disciplinary proceedings initiated before the entry into force of this Act continue under existing law.
(4) the authority of the Bundesdisziplinaranwalts is resolved at the end of December 31, 2003. At that time, the launching authority in cases covered by paragraph 3 manufactures the accusation font; the Federal disciplinary provisions are not to apply, so far as they concern the Bundesdisziplinaranwalt.
(5) IV of the Federal disciplinary code apply for the resumption of disciplinary proceedings, which legally concluded prior to the entry into force of this Act, until the end of December 31, 2003 section. At that time, the provisions of this Act apply.
(6) the decisions handed down under existing law in disciplinary proceedings are to be enforced when they have become incontestable under existing law.
(7) the deadline for banning exploitation and its calculation for the disciplinary measures, imposed before the entry into force of this Act are determined according to this law. This does not apply if the period and their calculation is more favourable under current law for the officials.
(8) charges are according to § 78 set 1 only after December 31, 2009 and charged pending court proceedings. This does not apply in the procedure on an appeal which is filed after December 31, 2009.

Article 86 administrative provisions the regulations necessary for the implementation of this Act shall adopt the Federal Ministry of the Interior; the regulations are to be published in the joint ministerial Gazette.

Annex (to § 78) fee schedule fee schedule outline section 1 proceedings of first instance section 2 approval and implementation of the appeals section 3 revision section 4 special procedures section 5 complaint for violation of the right to a fair hearing section 6 complaint No. fees offence charges amount or rate of the fee of 10 to 17 preliminary note: the procedure on the request for recovery shall apply as a new instance.
Section 1 proceedings of first instance proceedings of a disciplinary complaint with the request for 10 - removal of the civil service...
€360,00 11 - forfeiture of the pension...
€360,00-12 - downgrading...
€240,00 through the complaint process has been pronounced against a disciplinary order, where as a disciplinary measure 13 - cut salaries...
€180,00-14 - reduction of the pension...
€180,00 15 - fine...
€120,00 16 - reference...
 €60,00 17 procedures on the action against a disciplinary order, if only a decision as to costs in disciplinary available is attacked, or against a setting available (§ 32 BDG)...
 €60,00 18 termination of all proceedings by 1 withdrawal of the lawsuit a) prior to the conclusion of the oral proceedings or b) if one does not take place, before the end of the day, delivered the decision in the main office or 2nd registration statements if no decision on costs is taken or the decision of previously communicated agreement of the parties over expenses borne or the cost transfer Declaration of a party follows : The fees of 10 to 17 shall be reduced on...
0.5 reduced the fee also, if several facts of the discount are met.
 
Section 20 process about 2 approval and implementation of the Appeal allowing the appeal: as far as the rejected...
1.0 21 procedures on the admission of the appeal: as far as... the application withdrawn or terminated the proceedings terminated by settled
0.5 the fee does not arise unless the appeal is approved.
 
22 proceedings on the appeal generally...
1.5 23 completion of the entire process through withdrawal of the appeal or the lawsuit, before the writing to the grounds of the appeal court is: the fee 22 reduced to...
0.5 registration statements are right of withdrawal if no decision on costs is taken or the decision of previously communicated agreement of the parties over expenses borne or the cost transfer Declaration of a party follows.
 
24 is termination throughout the procedure, if not number 23 meet by 1 withdrawal of the appeal or a complaint) before the conclusion of the oral proceedings or b) if one does not take place before the expiration of the day delivered the decision in the main office, or 2.
Registration statements, if no decision on costs is taken or the decision of previously communicated agreement of the parties over the expenses borne or the cost transfer Declaration of a party follows: The 22 fee is reduced on...
1.0 also, the fee is reduced if several facts of the discount are met.
 
Section 3 revision 30 procedure on the revision in General...
2.0 31 completion of the entire process through withdrawal of the revision or the lawsuit, before the scripture to justify the revision Court is entered: the fee 30 reduced to...
1.0 registration statements are right of withdrawal, if no decision on costs is taken or the decision of previously communicated agreement of the parties over expenses borne or the cost transfer Declaration of a party follows.
 
32 is completion throughout the procedure, if not number 31 met by 1 withdrawal of the revision or the action of a) prior to the conclusion of the oral proceedings or b) if one does not take place, before the end of the day, delivered the decision in the main office or 2nd registration statements if no decision on costs is taken or the decision of previously communicated agreement of the parties over expenses borne or the cost transfer Declaration of a party follows : The fee of 30 is reduced on...
1.5 also, the fee is reduced if several facts of the discount are met.
 
No. fees offence charges amount or rate of the fee of 40 and 41 section 4 special procedures 40 proceedings on the application for suspension of the provisional suspension and the withholding of pay...
€180,00 41 proceedings on the request for judicial fixing of a time limit for the completion of the disciplinary procedure, including the setting of the disciplinary procedure after fruitless expiry of the deadline...
 €60,00 42 termination of all proceedings by 1.
 (Withdrawal of a request) before the conclusion of the oral proceedings or b) if one does not take place, before the end of the day, sent the decision on the request of the Office or 2nd registration statements if no decision on costs is taken or the decision of previously communicated agreement of the parties over expenses borne or the cost transfer Declaration of a party follows: the fees of 40 and 41 shall be reduced on...
0.5 reduced the fee also, if several facts of the discount are met.
 
Section 5 complaint for violation of the right to be heard 50 proceedings on the complaint for violation of the right to be heard: the complaint is rejected in its entirety or rejected...
 €50.00 No. fees offence charges amount or rate of the fee of 10 to 17 and 40 section 6 complaint 60 proceedings on the appeal against the decision on the application for suspension of the provisional suspension and the withholding of pay...
1.5 61 proceedings the appeal against a decision on the merits by decision according to § 59 BDG...
1.5 62 proceedings on the appeal against the rejection of the revision: the complaint is rejected or refused...
1.5 63 ending of the entire 1 withdrawal of the complaint, the claim or the request for a procedure) before the conclusion of the oral proceedings or b) if one does not take place, before the end of the day, sent the decision on complaint of the Office or 2nd registration statements if no decision on costs is taken or the decision of previously communicated agreement of the parties over expenses borne or the cost transfer Declaration of a party follows : The fees of 60 to 62 shall be reduced on...
0.75 reduced the fee also, if several facts of the discount are met.
 
64 procedures not listed complaints in the disziplinargerichtlichen procedure, which are not free of charge under other provisions: The complaint is discarded or rejected...
   €50.00