Federal disciplinary law (BDG)

Unofficial table of contents

BDG

Date of completion: 09.07.2001

Full quote:

" Federal disciplinary law of 9 July 2001 (BGBl. I p. 1510), most recently by Article 8 of the Law of 6 March 2015 (BGBl. I p. 250).

Status:

Last amended by Art. 8 G v. 6.3.2015 I 250

For more details, please refer to the menu under Notes

Footnote

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

  

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

Content Summary

Part 1
	General provisions
§ 1					Personal scope
§ 2					Objective scope
§ 3					Supplementary application of the Administrative Procedure Act and the Administrative Court Rules
§ 4					Bid of acceleration
Part 2
	Disciplinary measures
§ 5					Types of disciplinary measures
§ 6					Reference
§ 7					Fine
§ 8					Abbreviation of remuneration
§ 9					Reclassification
§ 10					Distance from the civil service
§ 11					Reduction of the pension
§ 12					Recognition of retirement pension
§ 13					Measurement of the disciplinary action
§ 14					Admissibility of disciplinary measures in accordance with criminal or penal proceedings
§ 15					Disciplinary action ban due to time lapse
§ 16					Prohibition of exploitation, removal from personnel file
Part 3
	Disciplinary disciplinary procedure
		Chapter 1
			Introduction, extension and restriction
§ 17					Initiation of officals
§ 18					Introduction at the request of the official
§ 19					Extension and restriction
		Chapter 2
			Implementation
§ 20					Information, information and consultation of the official
Section 21					Duty to carry out investigations, exceptions
Section 22					Meetings of disciplinary proceedings with criminal proceedings or other procedures, suspension
Section 23					Binding on actual findings from criminal proceedings or other procedures
§ 24					Evidence Survey
Section 25					Witnesses and experts
Section 26					Publication of documents
§ 27					Seizure and searches
§ 28					Log
§ 29					Intra-service information
§ 30					Final hearing
Section 31					Assessment of the disciplinary procedure
		Chapter 3
			Final decision
Section 32					Recruitment
§ 33					Disciplinary action
Section 34					Investigation of the disciplinary situation
§ 35					Limits on the re-exercise of disciplinary powers
§ 36					Procedure in the case of subsequent decision in the criminal or penal procedure
Section 37					Obligation to provide costs
		Chapter 4
			Temporary dismissal and withholding of remuneration
§ 38					Admissibility
§ 39					Legal effects
§ 40					Repayment and repayment of the amounts withheld
		Chapter 5
			Opposition proceedings
Section 41					Requirement, form and time limit of the objection
§ 42					Statement of revocation
Section 43					Limits on the re-exercise of disciplinary powers
Section 44					Obligation to provide costs
Part 4
	Judicial disciplinary procedure
		Chapter 1
			Disciplinary jurisdiction
§ 45					Jurisdiction of the Administrative Jurisdiction
Section 46					Chamber for Disciplinary Matters
§ 47					Civil servant
§ 48					Exclusion from the exercise of the judge's office
§ 49					Non-attraction of a civil servant
§ 50					Disconnection from the Office of the Officials of the Officials
Section 51					Senate for Disciplinary Matters
		Chapter 2
			Disciplinary proceedings before the Administrative Court
				Section 1
					Action Procedure
Section 52					Action for action, form and time limit for action
Section 53					Night-time disciplinary situation
§ 54					Instruction of the official
§ 55					Defects of the administrative disciplinary procedure or of the application
§ 56					Restriction of the disciplinary procedure
Section 57					Commitment to actual findings from other procedures
Section 58					Taking of evidence
§ 59					Decision by decision
§ 60					Oral proceedings, decision by judgment
Section 61					Limits on the re-exercise of disciplinary powers
				Section 2
					Special procedures
Section 62					Application for judicial review
§ 63					Application for suspension of provisional dismissal and withholding of remuneration
		Chapter 3
			Disciplinary proceedings before the Higher Administrative Court
				Section 1
					Appeal
Section 64					Statuality, form and deadline of appeal
Section 65					Appointment procedure
Section 66					Oral proceedings, decision by judgment
				Section 2
					Complaint
Section 67					Statuality, form and deadline of the complaint
Section 68					Decision of the Supreme Administrative Court
			Chapter 4
				Disciplinary proceedings before the Federal Administrative Court
Section 69					Form, deadline and approval of the revision
Section 70					Revision procedure, decision on revision
			Chapter 5
				Resumption of the judicial disciplinary procedure
Section 71					Retaking reasons
Section 72					Failure to resume
Section 73					Deadline, procedure
Section 74					Decision by decision
§ 75					Oral proceedings, decision of the court
Section 76					Legal effects, compensation
			Chapter 6
				Cost
Section 77					Cost-bearing and reimbursable costs
Section 78					Court Cost
Part 5
	Maintenance contribution, maintenance and pardon
§ 79					Maintenance contribution at distance from the civil service relationship or in the event of a revocation of the pension
§ 80					Maintenance of assistance for the detection of criminal offences
§ 81					Pardon
Part 6
	Specific provisions for individual civil servants ' groups and for retirement officials
Section 82					Police officers of the Federal Government
Section 83					Officials of the federal bodies, institutions and foundations of public law
Section 84					Exercise of disciplinary powers in the case of retired civil servants
Part 7
	Transitional and final provisions
§ 85					Transitional provisions
§ 86					Administrative provisions
Annex (to § 78)					Charge directory

Part 1
General provisions

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§ 1 Personal scope

This law applies to civil servants and retirees in the sense 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. Unofficial table of contents

§ 2 Scope of validity

(1) This Act shall apply to:

1.

civil servants committed during their civil service relationship (Section 77 (1) of the Federal Civil Service Act) and

2.

of retired officials

a)

during their civil service relationship (Section 77 (1) of the Federal Civil Service Act) and

b)

After entry into retirement, acts committed as service offences (Section 77 (2) of the Federal Officials Act).

(2) In the case of civil servants and retirees who have previously been in a position other than civil servants, judges, professional soldiers or soldiers, this law shall also apply in respect of such services which they have in the former service relationship. or as a person entitled to a pension from such a service; also in the case of those who are dismissed from such a service, acts which are referred to in Section 77 (2) of the Federal Civil Service Act shall be deemed to have been committed Merit. The application of this law does not preclude a change of the Dienstherrn. (3) For civil servants, military service in the course of a military exercise, an exercise, a special use abroad, a provision of assistance in the interior or assistance abroad , this law shall also apply in respect of such misconduct committed during the military service if the conduct constitutes a misconduct by both the law and the civil service. Unofficial table of contents

§ 3 Supplementary application of the Administrative Procedure Act and the Administrative Court Rules

In order to supplement this Act, the provisions of the Administrative Procedure Act and the Administrative Court Rules shall be applied accordingly, in so far as they do not conflict with the provisions of this Act or in so far as they are not in this respect. Law is somewhat different. Unofficial table of contents

§ 4 Bid of acceleration

Disciplinary procedures shall be expedited.

Part 2
Disciplinary measures

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§ 5 Types of disciplinary measures

(1) disciplinary measures against civil servants are:

1.

Reference (§ 6)

2.

Fine (§ 7)

3.

Abbreviation of remuneration (§ 8)

4.

Reclassification (§ 9) and

5.

Distance from the civil service relationship (§ 10).

(2) Disciplinary measures against retirement officials are:

1.

Reduction of the retirement pension (§ 11) and

2.

Recognition of retirement pension (§ 12).

(3) Officials on rehearsals and officials on revocation may 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. Unofficial table of contents

§ 6 Reference

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

§ 7 fines

The fine may 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. Unofficial table of contents

§ 8 Reduction of remuneration

(1) The reduction in remuneration shall be the gross reduction in the monthly salary of the official by a maximum of 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 of the remuneration shall begin with the calendar month, which shall be applied to the entry the decision follows 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. (3) The reduction of the remuneration is inhibited as long as the official is on leave without remuneration. However, for the duration of his leave of absence, he may pay the reduction amount in advance to the person's office; the duration of the reduction in remuneration after the end of the leave of absence is reduced accordingly. (4) As long as his salary is , the official shall not be transported. The 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 extend to 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 Promotion

(1) The reclassification shall be the transfer of the official to an office of the same career with a lower final basic 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 (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 pensions in accordance with the grade specified in the decision. (3) The official shall not be allowed to pay until five years after the entry into force of the indispuability of the pension. Decision to be taken. The period may be shortened in the decision, provided that this is indicated in the light of the duration of the disciplinary procedure. (4) The legal consequences of the reclassification also extend to a new civil service 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. Unofficial table of contents

§ 10 Distance from the civil service

(1) The service relationship ends with the distance from the civil service 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 will end with the end of the term. 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 indisputable, the decision shall be deemed to be a disqualification of the pension. (3) The civil servant removed from the civil service shall be granted for the duration of: six months, a maintenance contribution of 50 per cent of the remuneration to which it is entitled if the decision is indisputable; a withholding of remuneration in accordance with section 38 (2) shall not be taken into account. 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 recognisable 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 apply to the payment of the maintenance fee. (4) The distance from the civil servant's relationship and its legal consequences shall apply to all 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, he shall also lose the rights of the former service if this disciplinary action is due to a The following is pronounced in the former employment relationship (6) If a civil servant has been removed from the civil service, he must not be re-appointed to the official; nor shall any other employment relationship be established. Unofficial table of contents

Section 11 Reduction of retirement pension

The reduction in the retirement pension shall be the gross reduction in the monthly retirement pension of the retired civil servant by a maximum of one fifth over a period of three years. § 8 (1) sentence 2 and 3 as well as (2) sentences 1 and 4 shall apply accordingly. Unofficial table of contents

§ 12 Aberdening of the pension

(1) With the withdrawal of the retirement pension, the retired civil servant shall lose the right to supply, including the survivor ' s pension, and the power to lead the title and title in connection with the former Office (2) After the revocation of the pension, the retired civil servant receives a pension in the amount of 70% of the pension up to the granting of a pension on the basis of a post-insurance scheme, but for a maximum period of six months. Retirement pension awarded to him in the event of the indisputability of the decision; a reduction the retirement pension in accordance with section 38 (3) shall not be taken into account. § 10 (3) sentence 2 to 4 applies accordingly. (3) The disqualification of the retirement pension and its legal consequences shall apply to all posts which the retiring official has held upon entering retirement. (4) § 10 (2) sentence 1 as well as (5) and (6) applies accordingly. Unofficial table of contents

Section 13 Design of the disciplinary measure

(1) The decision on a disciplinary measure shall be taken at the discretion of the person concerned. 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 the general public. (2) An official who, by means of a serious misdeed, is responsible for the confidence of the servant or of the general public. has been lost from the civil service 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. Unofficial table of contents

Section 14 Admissibility of disciplinary measures in accordance with criminal or penal procedure

(1) If an official has been subject to a penalty, fine or disciplinary measure in the criminal or penal proceedings, or in accordance with Section 153a (1) sentence 5 or 2 sentence 2 of the Code of Criminal Procedure after the fulfilment of conditions, a sentence, fine or disciplinary measure may be imposed. and instructions shall no longer be persecuted, shall be subject to the same facts:

1.

a reference, a fine or a reduction in the retirement pension shall not be issued;

2.

a reduction in the remuneration shall be issued only if it is additionally necessary to encourage the officials to comply with the duties of the staff.

(2) If the official has been acquitted in the criminal or penal proceedings in a legally binding manner, a disciplinary measure may be imposed only on the basis of the facts which have been the subject of the court decision, if such a measure has been taken into account. In the absence of a criminal or penal code, the offence is to be taken into account. Unofficial table of contents

Section 15 Disciplinary Action Prohibition for Time-lapse

(1) If more than two years have passed since the completion of a service, a reference shall not be granted. (2) If more than three years have passed since the completion of a service, a fine, a reduction in the amount of the (3) If more than seven years have elapsed since the completion of a service period, no more than seven years must not be recognized. (4) The time limits for paragraphs 1 to 3 shall be: by the initiation or extension of the disciplinary procedure, the collection of the Disciplinary situation, the levying of the admise disciplinary situation or the order or extension of investigations against civil servants on the sample and civil servants on revocation pursuant to § 34 (3) sentence 2 and section 37 (1) in connection with § 34 (3) sentence 2 of the (5) The time limits set out in paragraphs 1 to 3 are for the duration of the appeal 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 is inhibited. 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. Unofficial table of contents

§ 16 prohibition of exploitation, removal from the personnel file

(1) A reference may be made after two years, a fine, a reduction in remuneration and a reduction in the retirement pension after three years and a reclassification may be made after seven years in the case of further disciplinary measures and in the case of other Staff measures are no longer taken into account (prohibition of exploitation). The official shall be deemed not to have been affected by the disciplinary action after the prohibition of exploitation. (2) The time limit for the prohibition of exploitation shall commence as soon as the decision on the disciplinary measure is indisputable. 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. (3) Appointments in the Staff Act on the Disciplinary Measure shall be carried out in accordance with the provisions of the To remove and destroy the prohibition of destruction on its own merits. 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 names 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 court decision in accordance with sentence 2 in the personnel file, the prohibition of exploitation shall be noted in the entries. (4) The paragraphs 1 to 3 shall apply as appropriate for disciplinary proceedings which did not lead to 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 time limit shall begin with the entry into force 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 procedure is sufficient to enrich the (5) The removal and destruction of disciplinary proceedings which have resulted in a deplorable statement shall be found in Article 112 (1), first sentence, No. 2, Sentence 2 and 3 of the Federal Civil Service Act.

Part 3
Disciplinary disciplinary procedure

Chapter 1
Introduction, extension and restriction

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Section 17 Introduction of officals

(1) In order to provide sufficient actual evidence to justify the suspicion of a service, the service authority has the duty 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 notified to the official. (3) If a civil servant holds two or more posts not in relation to the principal, the service officer intends to act as a business unit for the office of the official. of these offices shall initiate disciplinary proceedings against him, he shall inform the service staff responsible for the other offices. A further disciplinary procedure may not be initiated against the official on the same facts. Where a civil servant holds two or more posts in relation to the principal, only the service officer may initiate disciplinary proceedings against him who is responsible for the main office. (4) The powers 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 secondhand, in so far as the new service supervisors do not leave their exercise to the other service supervisors, or as far as nothing else is determined. Unofficial table of contents

Section 18 Introduction at the request of the official

(1) The official may apply to the service superiors or to the senior service officer to initiate disciplinary proceedings against himself in order to relieve himself of the suspicion of a service violation. (2) The application may only be rejected where there are no sufficient actual indications justifying the suspicion of a service. The decision shall be communicated to the official. (3) § 17 (1) sentence 2, second half sentence, and sentence 3, as well as (3) and (4) shall apply accordingly. Unofficial table of contents

Section 19 Extension and restriction

(1) The disciplinary procedure may be extended to new acts which justify the suspicion of a service by the adoption of a decision in accordance with § § 32 to 34. (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 for the purposes of , and the level 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 re-included, they cannot be the subject of a new disciplinary procedure after the indisputable conclusion of the disciplinary procedure.

Chapter 2
Implementation

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Section 20 Information, information and consultation of the official

(1) The official shall be immediately informed of the initiation of 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 speak orally or in writing or not to testify to the matter and to use an authorised representative or assistance at any time. (2) For the submission of a written statement the official shall have a period of one month and a period of two weeks 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 required under the second sentence of paragraph 1 and 3 is not provided or is incorrect, the statement of the official shall not be used to the detriment of his/her disadvantage. Unofficial table of contents

Section 21 obligation to carry out investigations, exceptions

(1) In order to clarify the facts, the necessary investigations shall be carried out. 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 supreme service authority may carry out the investigation. (2) Investigations must be carried out, in so far as the facts of the case are based on the actual findings of a final judgment in the criminal or criminal proceedings. Fines or administrative proceedings, which have been determined in accordance with Article 9 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) on the loss of remuneration at the time of the service being debited from the 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. Unofficial table of contents

Section 22 Meeting of disciplinary proceedings with criminal proceedings or other proceedings, suspension

(1) If the official action has been brought against the official in respect of the facts on which the disciplinary proceedings are based, the disciplinary proceedings shall be suspended. The suspension shall not be suspended if there are no reasonable doubts as to the facts of the case or if, for reasons other than those in the person of the official, the proceedings cannot be negotiated in the criminal proceedings. (2) The disciplinary procedure suspended in accordance with 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 by the final conclusion of the criminal proceedings. (3) The disciplinary procedure may also be suspended if in another to decide on a matter of law, the evaluation of which shall apply to: the decision in the disciplinary procedure is essential. The second sentence of paragraph 1 and paragraph 2 shall apply accordingly. Unofficial table of contents

Section 23 Binding on actual findings from criminal proceedings or other procedures

(1) The actual findings of a final judgment in the criminal or penal proceedings or in the administrative court proceedings, by which, according to § 9 of the Federal Law on Remuneration, the loss of remuneration for debt-rightful distance from the (2) The actual findings made in another legal procedure shall not be binding, but may be the subject of a decision by the Commission, which shall be subject to the following conditions: Decision taken in disciplinary proceedings without re-examination . Unofficial table of contents

Section 24 Evidence survey

(1) The necessary evidence shall be collected. In particular:

1.

to obtain written service information,

2.

the witnesses and experts are heard or their written statement is obtained,

3.

Documents and documents as well as documents

4.

the appearance of the eye.

(2) Minutes of statements of persons who have already been heard in another legally ordered procedure, as well as transcripts of a judicial review may be used without renewed evidence of evidence. (3) About a The official's request for proof shall be determined at the discretion of the person. The request for proof shall be accepted in so far as it may be relevant 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 take part in the hearing of witnesses and to participate in the taking of the eye and to ask relevant questions in this connection. 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. Unofficial table of contents

Section 25 Witnesses and experts

(1) Witnesses shall be obliged to testify and experts for the reimbursement of 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 hearing of civil servants as witnesses (2) Deny witnesses or experts without the existence of any of the reasons set out in § § 52 to 55 and 76 of the Code of Criminal Procedure the opinion or the refund of the opinion, the court may ask for the Questioning is requested. The request shall specify the subject-matter of the hearing and indicate the names and addresses of the parties concerned. The court decides on the legality of the refusal of the statement or the refund of the opinion. (3) A request under paragraph 2 may only be made by the service supervisors, its general representative or a commissioned employee. , which has the ability to judge the judge's office. Unofficial table of contents

Section 26 issuing of documents

The official shall provide documents, drawings, pictorial representations and records, including technical records, with a reference to the service, 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. Unofficial table of contents

§ 27 Seizure and searches

(1) The court may, upon request, order seizure and search by decision; Section 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 matter 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 Act. (2) The measures referred to in paragraph 1 may only be carried out by those appointed according to the Code of Criminal Procedure (3) Paragraph 1 restricts the fundamental right of inviolability of the home (Article 13 (1) of the Basic Law). Unofficial table of contents

Section 28 Protocol

Minutes are to be recorded on the hearings of the official and the statement of evidence; § 168a of 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. Unofficial table of contents

Section 29 Inner-service information

(1) The submission of personal files and other official documents containing personal data, as well as the provision of information from these files and documents to the bodies responsible for disciplinary operations and the processing or use of such documents. Personal data collected in disciplinary proceedings shall, unless otherwise provided by law, be admissible against the will of the official or other person concerned, if and to the extent that the conduct of the disciplinary proceedings so far requires and predominates the interests of the official, other concerned or the (2) The services of one or more departments, as well as between the parts of a service, shall be subject to disciplinary proceedings, disciplinary proceedings, and Decisions of the disciplinary bodies and the submission of such acts 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, taking into account the concerns of the Officials or other persons concerned are required. Unofficial table of contents

§ 30 Final hearing

After the termination of the investigation, the official shall be given an opportunity to conclude his comments; Section 20 (2) shall apply accordingly. The hearing may not be held if the disciplinary procedure is to be terminated in accordance with Section 32 (2) (2) or (3). Unofficial table of contents

Section 31 Subversion of the disciplinary procedure

If, according to the outcome of the hearings and investigations, the service supervisor does not consider his powers to be sufficient in accordance with § § 32 to 34, he shall lead the decision of the higher service supervisor or the supreme service authority. 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 the powers of the latter to be sufficient.

Chapter 3
Final decision

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Section 32 recruitment decree

(1) The disciplinary procedure shall be terminated if:

1.

there is no evidence of mismanagement;

2.

although a misconduct has been proven, a disciplinary action does not appear to be appropriate;

3.

may not be subject to disciplinary measures pursuant to § 14 or § 15

4.

the disciplinary procedure or disciplinary action is inadmissible for other reasons.

(2) The disciplinary procedure shall also be terminated if:

1.

the officer dies,

2.

the civil servant's relationship ends with dismissal, loss of civil servant rights or removal, or

3.

in the case of a retirement officer, the consequences of a court decision pursuant to Section 59 (1) of the Staff Regulations of Officials.

(3) The position of the recruitment is to be justified and to be given. Unofficial table of contents

Section 33 Disciplinary decree

(1) If a reference, a fine, a reduction in the remuneration or a reduction in the retirement pension is indicated, such a measure shall be issued by means of disciplinary action. (2) Each of the servants is to be referred to and the fines imposed on him. (3) reductions in remuneration may be fixed:

1.

the supreme service authority up to the maximum and

2.

the service supervisor, directly downstream of the top service authority, up to a reduction of one fifth of the remuneration to two years.

(4) reductions in retirement pension up to the maximum may be determined by the service supervisor in charge of the exercise of disciplinary powers in accordance with § 84. (5) The supreme authority may, in accordance with paragraph 3 (1), its powers by general arrangement in whole or in part partly transferred to subordinate service superies; the order is to be published in the Bundesgesetzblatt (Bundesgesetzblatt). (6) The disciplinary decree must be justified and to be provided. Unofficial table of contents

Section 34 Investigation of the disciplinary situation

(1) If the official is to be recognized for a reclassification, removal from the civil service relationship or upon withdrawal of the pension, he shall be subject to disciplinary proceedings. (2) The disciplinary situation shall be carried out by the highest number of officers. The service authority shall be charged, in the case of retirement officials, by the service supervisor in charge of the exercise of disciplinary powers in accordance with Section 84. 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. Unofficial table of contents

§ 35 Limits of the re-exercise of disciplinary powers

(1) The recruitment and the disciplinary order shall be forwarded to the higher service superior without delay. 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 in the case of disciplinary proceedings pursuant to Section 32 (1), a disciplinary order may be issued or subject to disciplinary proceedings on the basis of the same facts, irrespective of the termination of the disciplinary proceedings. 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 is 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 have a disciplinary order of a subordinated service supervisor, the supreme service authority also Remove any disciplinary decree issued by the Commission itself at any time. 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. Unofficial table of contents

Section 36 Procedure in the case of subsequent decision in the criminal or penal procedure

(1) After the entry into force of the indisputability of the disciplinary order in a criminal or fine procedure which has been initiated on the basis of the same facts, a decision shall be indisputable, according to which the disciplinary measure does not apply in accordance with Section 14. , at the request of the official, the disciplinary order must be set aside by the service officer who issued it and the disciplinary procedure must be terminated. (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. Unofficial table of contents

Section 37 Costing obligation

(1) The expenses incurred may be imposed on the official who is subject to disciplinary measures. 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. (2) If the disciplinary procedure is discontinued, the Dienstherr will be responsible for the expenses incurred. If the cessation takes place despite the occurrence of a service, the outlays may be imposed on the official or divided in proportion. (3) In the case of an application pursuant to § 36, if the application is rejected, paragraph 1 shall apply and in the event of his or her taking place (4) In so far as the Dienstherr bears the expenses incurred, he shall also reimburse the official for 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; the fault of a representative shall be attributed to him. (5) The administrative disciplinary procedure shall be free of charge.

Chapter 4
Temporary dismissal and withholding of remuneration

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§ 38 Admissibility

(1) The authority responsible for the collection of the disciplinary situation may, at the same time as or after the initiation of the disciplinary procedure, provisionally open an official to the service if the disciplinary procedure is likely to have been removed from the In the case of an official on a sample or an official on revocation, an official dismissal is likely to be recognized pursuant to Section 5 (3) sentence 2 of this Act in conjunction with Section 34 (1) sentence 1 No 1 or § 37 (1) sentence 1 of the Federal Civil Service Act shall be made. 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. (2) The competent authority responsible for the collection of the disciplinary situation may, at the same time with or after the provisional dismissal, arrange for the official to be up to 50% of the monthly Keep in service or increase the number of attendees in case of disciplinary proceedings is likely to be recognised at a distance from the civil servant's relationship or on the basis of a deprivation of the 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 Section 34 (1) sentence 1 No. 1 or Section 37 (1) sentence 1 of the Federal Civil Service Act (Bundesbeamtengesetz) (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 retired civil servant 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 pension. (4) The The competent authority may, at any time, remove in whole or in part the temporary dismissal, the withholding of the remuneration of the service or the repayment of a pension, and the withholding of the pension. Unofficial table of contents

Section 39 Legal effects

(1) The provisional dismissal of the service shall be effective and enforceable with the delivery, the withholding of remuneration with the following day of delivery on the delivery. They cover all the posts the official has held. (2) For the duration of the provisional dismissal, the claims arising in connection with the Office rest on compensation for expenses. (3) If the official is provisionally removed from the service, while it is culpably away from the service, the loss of remuneration based on § 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 remuneration shall end with the final conclusion of the Disciplinary procedure. Unofficial table of contents

Section 40 Decay and repayment of the amounts withheld

(1) The references withheld pursuant to section 38 (2) and (3) shall lapse if:

1.

was recognized in disciplinary proceedings at a distance from the civil service relationship or upon withdrawal of the pension or a dismissal pursuant to section 5 (3) sentence 2 of this Act in conjunction with § 34 (1) sentence 1 no. 1 or § 37 (1) sentence 1 of the the Federal Civil Service Act (Bundesbeamtengesetz)

2.

has been punished in criminal proceedings initiated on the same facts as a result of the loss of rights as a civil servant or a retired civil servant,

3.

the disciplinary procedure has been terminated on the basis of section 32 (1) (3) and a new disciplinary procedure commenced within three months of the cessation of the same facts for the removal from the has a civil service relationship or has led to the withdrawal of the pension; or

4.

the disciplinary procedure has 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 servant's relationship or the It would have been justified to recognise the retirement 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 ancillary 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 shall be obliged to provide information on the amount of such income.

Chapter 5
Opposition proceedings

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§ 41 The necessity, form and time limit of the appeal

(1) An opposition procedure shall be carried out before the action of the official has been raised. An opposition proceedings shall not take place if the contested decision has been adopted by the supreme service authority. (2) For the form and the time limit of the appeal, § 70 of the Administrative Court order shall apply. Unofficial table of contents

Section 42 Opposition decision

(1) The notice of opposition shall be issued by the supreme service authority, with retirement officers by the service supervisor in accordance with § 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 is to be published in the Bundesgesetzblatt. (2) The appeal notice may be used by the authorities to The contested decision shall not be amended to the detriment of the official. The power to take a different decision pursuant to section 35 (3) remains unaffected. Unofficial table of contents

Section 43 Limits to the re-exercise of disciplinary powers

The notice of appeal shall be forwarded immediately to the supreme service authority. 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 a disciplinary case. 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. Unofficial table of contents

Section 44 Costing obligation

(1) In the opposition proceedings, the underlying part shall bear the expenses incurred. If the contradiction is partly successful, the outlays are to be divided in proportion. If a disciplinary order is lifted despite the fact that a service is passed, the expenses may be imposed in whole or in part upon the official. (2) If the official takes the objection back, he shall bear the expenses incurred. (3) (4) § 37 (4) and (5) shall apply accordingly. (4) The following shall apply in accordance with the provisions of the following:

Part 4
Judicial disciplinary procedure

Chapter 1
Disciplinary jurisdiction

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§ 45 Jurisdiction of the Administrative Court

The duties of disciplinary jurisdiction under this Act shall be carried out by the courts of administrative jurisdiction. 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. Unofficial table of contents

Section 46 Chamber of Disciplinary Matters

(1) The Board of Disciplinary Matters shall decide in the occupation of three Judges and two Officials ' Officials 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 is to belong to the administrative branch and to the career group of the official against which the disciplinary procedure is directed. (2) § 6 of the Administrative Court order applies to the transfer of the dispute to the individual judge. In the proceedings of the disciplinary proceedings, a transfer to the individual judge shall be excluded. (3) The Chairman of the Board of Disciplinary Matters shall decide if the decision is to be taken in the preparatory proceedings,

1.

in the event of withdrawal of the action, the application or an appeal,

2.

in the execution of the judicial disciplinary proceedings in the main proceedings; and

3.

about the cost.

If a rapporteur is appointed, he shall decide instead of the chairman. (4) The national legislation may, by way of derogation from paragraphs 1 to 3, regulate the appointment of the Chamber for Disciplinary Matters. To the extent that, according to the law of the State for the proceedings under the State disciplinary law, another occupation of the Chamber for Disciplinary Matters is provided, this occupation, if nothing else is determined, shall also apply to the judicial proceedings after the latter. Law. Unofficial table of contents

§ 47 Officials of the Staff

(1) Officials of the civil servants must be officials appointed for life in the Federal Service and, when selecting or ordering, they must be domiciled in the district of the competent administrative court (§ 15 of the Federal Law on Remuneration). If the administrative court has jurisdiction over the districts of several administrative courts, the officials must have their place of residence in one of these districts. (2) § § 20 to 29 and 34 of the administrative court order are (3) The procedure for the selection or appointment of the officials ' sitters shall be determined in accordance with the law of the country. Unofficial table of contents

Section 48 Exclusion of the exercise of the judge's office

(1) A judge or a civil servant shall be excluded from the exercise of the judge's power by law if he/she

1.

is hurt by the misdeed,

2.

Spouse, life partner or legal representative of the official or the injured person is or has been

3.

related to the official or the injured in a straight line, or whether or not being used in the sidelines until the third degree, or until the second degree has been or has been,

4.

has been involved in the disciplinary proceedings against the official or has been heard as a witness or has received an expert opinion as an expert,

5.

was involved in proceedings against the official in respect of the same facts in the case of criminal or fine procedures,

6.

the official of the official is, or has been, or in the case of a service officer of the official concerned with the handling of personnel matters of the official, or

7.

as a member of a staff representative in the disciplinary proceedings against the official.

(2) A staff member shall also be excluded if he is a member of the official service of the official. Unofficial table of contents

Section 49 Non-confiscation of a civil servant's seat

A civil servant, against the disciplinary situation or on the grounds of an offence committed intentionally, has been brought before the public action or has requested the issuing of a criminal order or has been prohibited from conducting his/her business operations, may of these procedures or for the duration of the prohibition on the exercise of his or her office. Unofficial table of contents

Section 50 Remuneration of the Office of the Officials of the Officials

(1) The civil servant's office shall be disbanded from his office if:

1.

he has been sentenced in criminal proceedings in a legally binding manner to a free-of-life sentence,

2.

in the case of disciplinary proceedings against him, a disciplinary measure, with the exception of a reference, has been pronounced;

3.

he shall be transferred to an office outside the counties for which the court is competent,

4.

the civil servant relationship ends, or

5.

the conditions for the Office of the Officials of the Officials pursuant to Section 47 (1) were not available when they were selected or ordered.

(2) In special cases of hardship, the civil servant can also be released on request from the further exercise of the office. (3) For the decision, § 24 (3) of the Administrative Court Rules applies accordingly. Unofficial table of contents

Section 51 Senate for Disciplinary Matters

(1) § 46 (1) and (3) as well as § § 47 to 50 shall apply to the Senate for disciplinary matters of the Oberverwaltungsgericht (Oberverwaltungsgericht). (2) § 48 (1) shall apply to the Federal Administrative Court accordingly.

Chapter 2
Disciplinary proceedings before the Administrative Court

Section 1
Action Procedure

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Section 52 Clay collection, form and deadline for action

(1) The disciplinary situation shall be made 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 account of the facts in which a service is being carried out. (2) For the form and time limit of the other actions § § 74, 75 and 81 of the Administrative Court shall apply. 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

Section 53 Nightrace disciplinary situation

(1) New acts which are not the subject of a pending disciplinary situation can be included in the disciplinary procedure only by the imposition of a supplementary disciplinary situation. (2) The Dienstherr considers the inclusion of new acts for , 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 disregard the suspension of the disciplinary proceedings referred to in paragraph 2 if the new acts are not likely to weigh the nature and amount of the disciplinary measure to be expected; or their inclusion would significantly delay disciplinary proceedings; paragraph 2, sentences 4 and 5, applies 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 acts may also be the subject of a new disciplinary procedure. (4) If within the time limit specified in paragraph 2 is not subject to the disciplinary proceedings, the court shall apply the disciplinary procedure without the inclusion of the new The provisions of the second sentence of paragraph 3 shall apply accordingly. Unofficial table of contents

Section 54 Bellition of officials

The official shall be informed by the Chairman at the same time as the delivery of the disciplinary situation or of the supplementary disciplinary situation on the time limits of section 55 (1) and section 58 (2) as well as on the consequences of the period of time-of-the-time period. Unofficial table of contents

§ 55 Defects of the administrative disciplinary procedure or the application of the application

(1) In the case of disciplinary proceedings, the official shall have 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. (2) The essential defects, which are not or are not invoked within the time limit laid down in paragraph 1, the Court of First Instance may not take account of the fact that, according to its free conviction, its consideration would delay the execution of the disciplinary proceedings and that the official on the consequences of the failure to meet the requirements of the deadline; this shall not apply where the (3) The Court of First Instance may, in order to remedy a material defect which the official has claimed in good time or whose consideration it is appropriate to take account of, shall set a time limit. 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 a decision of the court. (4) The final adjudiation pursuant to paragraph 3 shall be the same as a final judgment. Unofficial table of contents

§ 56 Restriction of the Disciplinary Proceedings

The Court of First Instance may restrict disciplinary proceedings by separating such acts which do not or are not likely to weigh in the nature and level 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. Unofficial table of contents

Section 57 Binding on actual findings from other procedures

(1) The actual findings of a final judgment in the criminal or penal proceedings or in the administrative court proceedings, by which, according to § 9 of the Federal Law on Remuneration, the loss of remuneration for debt-rightful distance from the In the case of disciplinary proceedings concerning the same subject matter, a decision shall be binding on the Court of First Instance. However, it has to decide to re-examine such findings, which are manifestly incorrect. (2) The actual findings made in a different legal procedure are not binding, but may be the case shall be taken without re-examination. Unofficial table of contents

Section 58 Taking of evidence

(1) The court shall collect the necessary evidence. (2) In the case of disciplinary proceedings, evidence of evidence shall be lodged by the servant in the proceedings and by the official within two months of the date of the service of the action or the disciplinary proceedings for the supplementary . 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 if 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 as well as the testimonation of members of the civil service as witnesses and Experts shall apply accordingly. Unofficial table of contents

Section 59 Decision by decision

(1) In the event of a disciplinary situation, the court may, even after the opening of the oral proceedings, with the consent of the parties concerned, by decision

1.

to the disciplinary measure required (§ 5), if only a reference, a fine, a reduction in the remuneration or a reduction in the retirement pension is involved, or

2.

dismiss the disciplinary situation.

In order to make a declaration of consent, a time limit may be set by the court, the chairman or the rapporteur, after which the consent is deemed to have been granted unless a party has objected. (2) The final legal The decision referred to in paragraph 1 shall be the same as a final judgment. Unofficial table of contents

§ 60 Oral proceedings, decision by judgment

(1) The court shall decide on the action if the disciplinary procedure is not concluded in any other way, on the basis of oral proceedings by judgment. § 106 of the Administrative Court order shall not be applied. (2) In the case of disciplinary proceedings, only the acts on the subject of the judgment shall be made which shall be regarded as a misconduct by the official in the action or the disciplinary proceedings for the night Load is applied. The court may in the judgment

1.

to the disciplinary measure required (§ 5), or

2.

dismiss the disciplinary situation.

(3) In the case of a claim against a disciplinary action, the Court of First Instance shall also examine, in addition to the legality, the appropriateness of the contested decision. Unofficial table of contents

Section 61 Limits of the re-exercise of disciplinary powers

(1) Insofar as the Dienstherr has withdrawn the disciplinary situation, the acts on which it is based may no longer be the subject of a disciplinary procedure. (2) Has the court indisputable proceedings against a claim against a disciplinary order , in respect of the acts on which this decision is based, a renewed exercise of disciplinary powers shall be admissible only on the grounds of such significant facts and evidence which do not enter into the judicial process. Disciplinary proceedings have been found. An increase in 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 service of the judgment, unless a final judgment is passed on the same facts. Judgment on the basis of actual findings, which differ from those actual findings on which the decision is based.

Section 2
Special procedures

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Section 62 Request for a judicial notice

(1) If an official disciplinary procedure has not been completed within six months since the initiation by recruitment, by the adoption of a disciplinary decree or by the imposition of the disciplinary situation, the official may, in the case of the Court of First Instance, request the judicial provision of a time limit for the conclusion of the disciplinary procedure. The time limit for the sentence 1 shall be suspended as long as the disciplinary procedure is suspended in accordance with § 22. (2) If there is no sufficient reason for the missing conclusion of the administrative disciplinary procedure within six months, the court shall determine a deadline in which it is to be completed. Otherwise, it shall reject the request. § 53 (2) sentences 3 to 5 shall apply accordingly. (3) If the disciplinary procedure is not completed within the time limit specified in paragraph 2, it shall be terminated by decision of the court. (4) The final decision pursuant to paragraph 3 shall be the same as a final judgment. Unofficial table of contents

Section 63 Request for suspension of the provisional dismissal and withholding of remuneration

(1) The official may request the suspension of the provisional dismissal and the withholding of the remuneration of the service or the contender in respect of the court; the same shall apply to the retirement officer with regard to the withholding of retirement pension. The application shall be filed with the Administrative Court if it is subject to disciplinary proceedings in the same case. (2) The provisional dismissal and withholding of remuneration shall be suspended if there are serious doubts as to its (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 in accordance with the provisions of the Administrative Court.

Chapter 3
Disciplinary proceedings before the Higher Administrative Court

Section 1
Appeal

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§ 64 Statliability, form and period of appeal

(1) The decision of the Administrative Court on a disciplinary situation shall be subject to the appeal of the Administrative Court to the 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 submitted by the chairman before the expiry of the period. 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) Moreover, the person concerned is only entitled to appeal against the judgment of the Administrative Court if it is approved by the Administrative Court or the Higher Administrative Court. § § 124 and 124a of the administrative court order are to be applied. Unofficial table of contents

Section 65 Appeal procedure

(1) The provisions relating to disciplinary proceedings before the Administrative Court shall apply in accordance with the appeal procedure, 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 before the The Administrative Court has not been filed within the time limit laid down in Section 58 (2), it may be refused if, according to the free conviction of the Supreme Administrative Court, its consideration would delay the execution of the disciplinary proceedings and the Officials in the first legal train have been informed of the consequences of the failure to meet the deadline; this is true not if compelling reasons for the delay are made credible. Requests for evidence, which the Administrative Court was right to reject, are also excluded in the appeal proceedings. (4) The evidence collected by the Administrative Court can be used as a basis for the decision without re-taking of evidence. Unofficial table of contents

Section 66 Oral proceedings, decision by judgment

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

Section 2
Complaint

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§ 67 Statliability, form and time limit of appeal

(1) Articles 146 and 147 of the Administrative Court shall apply to the statuality, form and time limit of the appeal. (2) The appeal may be filed against decisions of the Administrative Court, which shall decide on a disciplinary situation in accordance with Section 59 (1) of this Act. (3) For the appeal proceedings against decisions of the Administrative Court concerning a suspension pursuant to Section 63, Section 146 (4) of the Administrative Court of Justice applies accordingly. Unofficial table of contents

Section 68 Decision of the Oberverwaltungsgericht

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

Chapter 4
Disciplinary proceedings before the Federal Administrative Court

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§ 69 Form, deadline and approval of the revision

§ § 132, 133, 137 to 139 of the Administrative Court shall apply for the approval of the revision, for the form and time limit for the filing of the revision and the filing of the appeal against their non-authorisation as well as for the revision grounds. Unofficial table of contents

§ 70 Revision procedure, decision on the revision

(1) The provisions relating to the disciplinary proceedings before the Administrative Court shall apply in accordance with the revision procedure. (2) § § 143 and 144 of the Administrative Court Rules shall apply to the decision on the revision.

Chapter 5
Resumption of the judicial disciplinary procedure

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Section 71 Readmission Reasons

(1) The resumption of the disciplinary proceedings which has been concluded by a final judgment shall be admissible if:

1.

in the judgment, a disciplinary measure has been issued which is not provided for in the manner or in the amount of the law,

2.

Facts or evidence that are significant and new are taught;

3.

the judgment is based on the content of an unreal or falsified document or on a false or negligent misplaced certificate or expert opinion,

4.

a judgment, on the basis of which the judgment is based in the disciplinary proceedings, has been annulled by another judgment which has finally been passed,

5.

has been involved in the judgment by a judge or a civil servant, who has been guilty of the criminal offence of an official duty of duty in this case,

6.

has been involved in the judgment by a judge or a civil servant who was excluded from the exercise of the judge's power by law, unless the grounds for the statutory exclusion had already been claimed without success,

7.

the official has subsequently credibly entered into a service which has not been established in the disciplinary procedure; or

8.

in the case of disciplinary proceedings, after its final conclusion in a criminal or fine procedure initiated on the basis of the same facts, a decision shall be taken without appeal, under which, in accordance with Section 14, the disciplinary measure would not be admissible.

(2) For the purposes of paragraph 1 (2), the facts and evidence, if they are appropriate, alone or in conjunction with the findings of the earlier findings, shall constitute a different decision to justify the objective of the resumption of the Disciplinary proceedings may be. 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, In the case of the Court of Justice of the European Union, the Court of Justice of the European Union shall, in the case of the Court of Justice and the Court of Justice of the European Union, be responsible for the application of the Court of Justice of the European Court of Justice, to the extent that the judgment in the Court of Justice of the European Union has not been subject to Paragraph 1 (3) and (5) shall be allowed to resume disciplinary proceedings only if: because of the alleged act, a final conviction of a criminal court has taken place, or if for reasons other than because of lack of evidence, a criminal proceedings cannot be initiated or not carried out. Unofficial table of contents

Section 72 Inadmissibility of resumption

(1) The resumption of the disciplinary proceedings concluded by a final judgment shall be inadmissible if, after the entry of the legal force,

1.

a judgment has been given in the criminal or fine procedure, which is based on the same facts and pays tribute to the same facts as long as the judgment has not been annulled, or

2.

a judgment has been given in the criminal proceedings by which the convicted person has lost his office or his right to a pension or would have lost him if he had still been in the service or had been in retirement.

(2) 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. Unofficial table of contents

§ 73 Deadline, Procedure

(1) The application for a retrial of the disciplinary proceedings must be submitted to the court whose decision is challenged in writing within three months or to the minutes of the document 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 will be challenged and the amendments requested and the reasons for the submission of the requests. (2) The further procedure shall apply to the following: Provisions relating to the judicial disciplinary procedure, unless otherwise provided by this law. Unofficial table of contents

Section 74 Decision by decision

(1) The court may reject the application, even after the opening of the oral proceedings, by a decision if it does not provide the legal requirements for its admission or considers it to be manifestly unfounded. (2) The court may, before the opening of the oral proceedings with the consent of the competent authority, cancel the judgment under appeal and dismiss the disciplinary situation or lift the disciplinary order. The decision shall be indisputable. (3) The final decision pursuant to paragraph 1 and the decision referred to in paragraph 2 shall be the same as a final judgment. Unofficial table of contents

Section 75 Oral proceedings, decision of the Court of First Instance

(1) The court decides, if the retrial is not concluded in any other way, on the basis of oral proceedings by judgment. (2) The judgment of the Administrative Court and the Administrative Court of the Supreme Administrative Court can be found in the court of law. Proceedings shall be brought under appeal. Unofficial table of contents

Section 76 Legal effects, compensation

(1) Where the judgment under appeal is annulled in a retrial in favour of the official, that judgment shall be obtained from the entry of the legal force of the annulled judgment to the legal status which he would have received if the judgment of the officer to which he has been annulled has been annulled; This decision would have been in accordance with the decision taken in the retrial. If the judgment has been annulled on removal from the civil service relationship or on the withdrawal of the pension, Section 42 of the Federal Civil Service Act applies accordingly. (2) The official and the persons to whom he is subject to law by virtue of the law, in the case of paragraph 1, in addition to the references to be subsequently granted hereafter, 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

Unofficial table of contents

Section 77 Costs of costs and reimbursable costs

(1) The provisions of the administrative court order shall apply in accordance with the provisions of the administrative court order in respect of the burden of costs incurred by the parties and the reimbursement of costs, unless otherwise provided for by the following provisions. (2) In proceedings concerning the application for a judicial notice (§ 62), the court has at the same time taken the decision to make a decision on the application of a court of law. (4) costs in respect of the costs of the proceedings. (4) The terms of this provision are also the costs of the administrative disciplinary procedure. Unofficial table of contents

Section 78 Court costs

In judicial disciplinary proceedings fees are levied according to the list of fees of the facility to this law. In addition, the provisions of the Law on Legal Costs applicable to costs in proceedings before the courts of administrative jurisdiction shall be applied accordingly.

Part 5
Maintenance contribution at distance from the civil service relationship or in the event of a revocation of the pension

Unofficial table of contents

Section 79 Maintenance contribution on removal from the civil service relationship or upon withdrawal of the retirement pension

(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 the retirement pension. (2) The payment of the maintenance fee pursuant to § 12 The second paragraph shall be subject to the reservation of recovery if a pension is granted for the same period as a result of the reassurance. In order to secure the claim for reclaim, the retired civil servant has to make a corresponding declaration of assignment. (3) The court can determine in the decision that the maintenance fee is paid in whole or in part to persons to whom the Under the legal force of the decision this can be determined by the supreme service authority. (4) On the maintenance fee the income of purchase and employment within the meaning of section 18a (2) and (3) Rates 1 and 2 of the Fourth Book of Social Code are credited. 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 contribution in whole or in part with effect for the past. The decision shall be taken by the supreme service authority. (5) The right to the maintenance fee shall be issued if the person concerned is reappointed to a public service or employment relationship. Unofficial table of contents

§ 80 Maintenance of assistance with the assistance of the detection of criminal offences

(1) In the event of removal from the civil service relationship or the withdrawal of the retirement pension, the last competent service authority may be the former official or former retired civil servant who is opposed to the prohibition of accepting rewards or Gifts have violated the granting of a monthly maintenance payment if he disclosed his knowledge of facts, the knowledge of which has contributed to criminal offences, in particular in accordance with § § 331 to 335 of the Criminal Code, to to prevent or to clarify beyond his own contribution. The reinsurance is to be carried out. (2) The maintenance is as a percentage of the entitlement to an old-age pension resulting from the post-insurance, or a corresponding benefit from the occupational pension scheme with the following measures shall be established:

1.

The maintenance allowance must not exceed the amount of the pension entitlement from the supplementary insurance;

2.

Maintenance and pension rights from the supplementary insurance may not exceed the amount that would result as a retirement pension in accordance with § 14 (1) of the Staff Pension Act.

The maximum limits laid down in the first sentence shall also apply to the period of receipt of maintenance; to the post of reassurance, the pension shall be replaced by a pro rata pension. (3) The payment of the maintenance allowance to the former official may not be paid until if this is the 65. (4) The entitlement to the maintenance benefit shall be granted at the end of the following year. (4) The entitlement to the maintenance benefit shall be paid by the Renewed entry into the civil service and in cases which would result in the erassination of pensions under Section 59 of the Staff Regulations of Officials of the Staff Regulations. 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. Unofficial table of contents

§ 81 Begnading

(1) The Federal President shall be entitled to the right of pardon in disciplinary matters under this Act. He may transfer it to other bodies. (2) If the removal from the civil service relationship or the withdrawal of the pension is cancelled in the course of mercy, § 43 sentence 2 of the Federal Civil Service Act shall apply accordingly.

Part 6
Specific provisions for individual civil servants ' groups and for retirement officials

Unofficial table of contents

Section 82 Police officers of the Federal Government

The Federal Ministry of the Interior shall determine, by means of a decree law, which superiors of the Federal Police Enforcement officers shall be deemed to be a service supervisor within the meaning of section 33 (2), (3) (2) and (5). Unofficial table of contents

§ 83 Officials of the Federal States ' bodies, institutions and foundations of public law

(1) The Federal Ministry responsible for supervision shall be regarded as the supreme service authority of the officials of the federal bodies, institutions and foundations of public law within the meaning of this Act. 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 remuneration by way of derogation from § 33. (2) For the bodies referred to in paragraph 1, Institutions and foundations of public law shall apply in accordance with Section 144 (2) of the Federal Officials Act. Unofficial table of contents

Section 84 Exercation of disciplinary powers in the case of retired officials

In the case of retirement officials, the disciplinary powers shall be exercised by the supreme service authority responsible at the time of entry into retirement. 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
Transitional and final provisions

Unofficial table of contents

Section 85 Transitional provisions

(1) The disciplinary proceedings initiated under the previous law shall continue in accordance with this Act in the circumstances in which they are situated at the time of the entry into force of this law, unless otherwise specified in paragraphs 2 to 7. Measures which have been taken under the law of the previous law remain legally effective. (2) The following disciplinary measures under the law are the same as the following disciplinary measures pursuant to this law:

1.

the salary reduction of the reduction in salaries,

2.

the transfer to an office of the same career with a lower basic level of reclassification; and

3.

the distance from the service of the distance from the civil servant ratio.

(3) formal disciplinary proceedings initiated before the entry into force of this Act shall be continued in accordance with the law. (4) The Authority of the Federal Disciplinary Authority shall be dissolved by the end of 31 December 2003. From that date, 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 concern the Federal disciplinary authority. (5) For the resumption of Disciplinary proceedings which have been legally concluded before the entry into force of this Act shall apply until 31 December 2003 Section IV of the Federal disciplinary code. The provisions of this Act shall apply from that date. (6) The decisions taken in accordance with the law in 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 Act shall be determined in accordance with this Act. This does not apply if the time limit and its calculation according to the law is more favourable to the official. (8) Fees in accordance with § 78 sentence 1 are only charged for the court proceedings pending after 31 December 2009. This shall not apply in the case of a legal remedy which has been lodged after 31 December 2009. Unofficial table of contents

§ 86 Administrative provisions

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

Annex (to § 78) Fees list

TollyOutline

Section 1	Court of First Instance
Section 2	Authorisation and implementation of the appeal
Section 3	Revision
Section 4	Special procedures
Section 5	Rüge for breach of the right to be heard
Section 6	Complaint

Nr.Fee charge charge amount or The rate of the respective Fee 10 to 17

Preliminary note: The procedure on the application for resumption shall be deemed to be a new legal suit.
Section 1 Court of First Instance
	Proceedings relating to a disciplinary situation with the application for
10	-Distance from the civil servant ratio ..........	360.00 €
11	-Withdrawal of the retirement pension ..........	360.00 €
12	-reclassification ..........	240.00 €
	Proceedings relating to the action against a disciplinary action in which the disciplinary measure has been issued
13	-Reductions in remuneration...	180.00 €
14	-reduction of the retirement pension ..........	180.00 €
15	-Fine ..........	120,00 €
16	-Reference ..........	$60.00
17	Proceedings against a claim against a disciplinary order if only a cost decision is attacked in the disciplinary decree, or against a recruitment decree (§ 32 BDG) ..........	$60.00
18	Termination of the whole procedure by
	1. Withdrawal of the action a) before the end of the oral proceedings, or b) where such a decision does not take place, before the end of the day on which the decision is communicated in the main proceedings to the place of business, or 2. Declarations of completion, if no decision is taken on the costs, or if the decision of a previously notified agreement of the parties concerned on the cost of costs or the declaration of costs of a participant follows:
	The fees 10 to 17 shall be based on ..........	0.5
	The fee will also be reduced if a number of reductions in the number of reductions are met.
Section 2 Authorisation and implementation of the appeal
20	Procedure for the authorisation of the appointment: To the extent that the application is rejected ..........	1.0
21	Procedure for the authorisation of the appointment: To the extent that the application is withdrawn or the proceedings are terminated by other completion ..........	0.5
	The fee will not be charged to the extent that the appeal is permitted.
22	Procedure on appeal in general ..........	1.5
23	Termination of the entire proceedings by withdrawal of the appeal or the action before the Scriptures have been received in order to justify the appeal to the Court of First Instance: The fee 22 is reduced to ..........	0.5
	Declarations of absence shall be the same if no decision is taken on the costs or if the decision of a previously notified agreement of the parties concerned is followed by a decision on the cost of costs or the declaration of costs by a participant.
24	Termination of the whole procedure, if not number 23 is fulfilled, by
	1. Withdrawal of the appeal or action a) before the end of the oral proceedings, or b) where such a decision does not take place, before the end of the day on which the decision is communicated in the main proceedings to the place of business, or 2. Declarations of completion, if no decision is taken on the costs, or if the decision of a previously notified agreement of the parties concerned on the cost of costs or the declaration of costs of a participant follows:
	The fee 22 is reduced to ..........	1.0
	The fee will also be reduced if a number of reductions in the number of reductions are met.
Section 3 Revision
30	Procedure on revision in general ..........	2.0
31	Termination of the entire proceedings by withdrawal of the revision or the action before the publication has been received in court for the reasons of the revision: The fee 30 is reduced to ..........	1.0
	Declarations of absence shall be the same if no decision is taken on the costs or if the decision of a previously notified agreement of the parties concerned is followed by a decision on the cost of costs or the declaration of costs by a participant.
32	Termination of the whole procedure, if not number 31, shall be terminated by
	1. Withdrawal of the revision or the action a) before the end of the oral proceedings, or b) where such a decision does not take place, before the end of the day on which the decision is communicated in the main proceedings to the place of business, or 2. Declarations of completion, if no decision is taken on the costs, or if the decision of a previously notified agreement of the parties concerned on the cost of costs or the declaration of costs of a participant follows:
	The fee 30 is reduced to ..........	1.5
	The fee will also be reduced if a number of reductions in the number of reductions are met.

Nr.Fee charge charge amount or The rate of the respective Fee 40 and 41

Section 4 Special procedures
40	Procedure on the application for suspension of the provisional dismissal and withholding of remuneration...	180.00 €
41	Procedure on the application for a court-setting of a time-limit for the conclusion of the disciplinary procedure, including the cessation of the disciplinary procedure after fruitless expiry of the time-limit ..........	$60.00
42	Termination of the whole procedure by
	1. Withdrawal of the application a) before the end of the oral proceedings, or b) where such a decision does not take place, before the end of the day on which the decision is communicated on the request of the place of business, or 2. Declarations of completion, if no decision is taken on the costs, or if the decision of a previously notified agreement of the parties concerned on the cost of costs or the declaration of costs of a participant follows:
	The fees 40 and 41 shall be based on ..........	0.5
	The fee will also be reduced if a number of reductions in the number of reductions are met.
Section 5 Rüge for breach of the right to be heard
50	Procedure on the complaint for infringement of the right to be heard: The beet shall be fully rejected or rejected .........	50,00 €

Nr.Fee charge charge amount or The rate of the respective Fee 10 to 17 and 40

Section 6 Complaint
60	Proceedings concerning the appeal against the decision on the application for suspension of the provisional dismissal and withholding of remuneration ..........	1.5
61	Proceedings relating to the appeal against a decision in the main proceedings by decision in accordance with § 59 BDG ..........	1.5
62	Proceedings concerning the complaint against the non-authorisation of the revision: The complaint shall be rejected or rejected ..........	1.5
63	Termination of the whole procedure by
	1. Withdrawal of the complaint, the action or the application a) before the end of the oral proceedings, or b) if such a decision does not take place, before the end of the day on which the decision on the complaint is submitted to the office, or 2. Declarations of completion, if no decision is taken on the costs, or if the decision of a previously notified agreement of the parties concerned on the cost of costs or the declaration of costs of a participant follows:
	The fees 60 to 62 shall be based on ..........	0.75
	The fee will also be reduced if a number of reductions in the number of reductions are met.
64	Procedures relating to complaints not specifically mentioned in disciplinary proceedings which are not free of charge in accordance with other rules: The complaint shall be rejected or rejected ..........	50,00 €