Ordinance on the enforcement of custodial sentences, criminal remnals, the rest of the youth and disciplinary arrest by the authorities of the Bundeswehr (Bundeswehr enforcement order-BwVollzO)

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BwVollzO

Date of completion: 29.11.1972

Full quote:

" Federal Armed Forces Regulations of 29 November 1972 (BGBl. 2205), as defined by Section 184 of the Law of 16 March 1976 (BGBl. I p. 581).

Status:

Amended by § 184 G v. 16.3.1976 I 581

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1977 + + +) 

  

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Input formula

On the basis of Article 7 of the Introductory Act of 30 March 1957 (Federal Law Gazette). 306) and § 115 of the Juvenile Justice Act of 4 August 1953 (Bundesgesetzbl. 751), both as last amended by the Law on the Reorder of the Disciplinary Law of 21 August 1972 (Bundesgesetzbl. 1481), is the Federal Government with the consent of the Federal Council and
Pursuant to § 49 (4) of the German Code of Military Discipline in the version of the notice dated 4 September 1972 (Federal Law Gazette). 1665), ordered by the Federal Minister of Defence: Unofficial table of contents

§ 1 Scope

This Regulation shall apply to the enforcement of custodial sentences, the rest of the prison and the rest of the Jugendars, as well as to the execution of disciplinary arrest of soldiers by the authorities of the Bundeswehr. Unofficial table of contents

§ 2 Treatment principle

(1) In full, the readiness of the soldier is to be promoted to lead a lawful life, namely to fulfill his soldatical duties. (2) The soldier usually takes part in the service. Unofficial table of contents

§ 3 Enforcement agencies

(1) The execution shall be carried out in military installations and facilities and, as far as the soldier is taking part in the service, with a military unit or service. (2) The soldier shall be separated from other soldiers in a locking room in so far as it is not used for the purpose of participating in the service or because of its employment outside the detention room. Unofficial table of contents

§ 4 Head of the law enforcement officer and full trader

(1) The law enforcement authorities of the Bundeswehr shall appoint the law enforcement officers and the law enforcement officers; the law enforcement officer and the law enforcement officers shall be appointed for the duration of the execution of the soldier in accordance with § 3 of the Regulation on the regulation of the military (2) The law enforcement officer shall be responsible for the proper execution of the execution; he shall take the decisions required in the course of the execution. (3) The full-time helpers shall assist the law enforcement officer in accordance with the law of the law. Instructions in the implementation of the implementation. Unofficial table of contents

§ 5 Duration of the deprivation of liberty

(1) The duration of the deprivation of liberty shall be calculated by day; the week shall be calculated with seven days, the month after the calendar is currently calculated. (2) The day on which the soldier signs himself to the full, and the day on which he shall be dismissed shall be full (3) The leisure activity begins on Saturday at 8 a.m. and ends one hour before the beginning of the service on Monday. (4) If a custodial sentence, a criminal remnate or a remnate of youth is carried out, the rest of the time shall be taken and the rest of the time shall be taken. Date of dismissal on the first working day after Easter or Pentecost, or in the time of 22. December to 2 January, the soldier may be released on the working day preceding that day or period if this is justifiable according to the length of the deprivation of liberty and if there are no disadvantages for the discipline. Unofficial table of contents

§ 6 Full-train plan

The law enforcement officer shall draw up a full-train plan aimed at the personality of the soldier, as far as this is necessary due to the participation of the soldier in the service or because of his/her employment. The full-train plan is to be opened to the soldier. The orders in the execution plan may be revoked or amended in so far as the personality of the soldier, the security or order in the execution or the military order so require; this is to be done with the reasons in the full-train plan. -note. Unofficial table of contents

§ 7 Medical Examination before the beginning of the implementation

The disciplinary authority shall carry out a medical examination prior to the commencement of the execution if it has become known to him that the state of health of the soldier does not allow it to be carried out. If the soldier is not fully fit for use, he/she has

1.

the executing superior, if disciplinary arrest is to be carried out, to postpone the execution of the sentence;

2.

the executive director, if a custodial sentence or a criminal remnant is to be carried out, the decision of the executing authority, if Jugendarrest is to be carried out, to bring about the decision of the law enforcement officer.

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§ 8 Taking of service and personal items

(1) The soldier only has to bring in the items which have been determined to be necessary for the purposes of the service and personal use. Photographs of nearby persons, memorabilia of personal value as well as objects of religious use are to be left to him. The possession of books and other objects for further training or other recreational activities shall be permitted to the extent that they are not punishable by a penalty or a fine or if the use or use of such goods is not punishable by a penalty or a fine; or the security or order in the execution or the military order would endanger. (2) Decisions referred to in paragraph 1 may be restricted or revoked in so far as it is subsequently established that the conditions for the decision no longer apply (3) The soldier, his things and the arrest room are allowed to be searched. Objects which the soldier is not allowed to possess are to be removed from him and kept for him. Unofficial table of contents

§ 9 obligations and rights of the soldier

The soldier shall also have the duties and rights of the soldier during the execution, unless otherwise provided by the provisions relating to the execution. Unofficial table of contents

Section 10 Participation in the service and employment

(1) The soldier shall be assisted in his training during the course of the execution. As a general rule, in the case of a military unit, where this is not possible or not possible, it shall participate in the service of a military service; participation may be limited to certain types of service or to a specific period of time. . If participation in the service is not possible because of the personality of the soldier, the nature of the service, the brevity of the service or for other reasons, the soldier shall, if possible, be employed in a manner which would enable him to be trained. (2) As far as the soldier is not participating in the service or is employed in any other way, he/she may be employed within official accommodation and facilities appropriate to the purpose of education and the abilities of the soldier (3) The soldier may not be classified as a security guard and shall not be required to perform security duties. shall be used. Unofficial table of contents

§ 11 Stay in the open air

The soldier shall be allowed to stay in the open air for at least one hour on a daily basis, if the weather permits this at the fixed time. The stay in the open air can be refused if the soldier has already stayed in the open air for at least one hour during the service or his/her employment. Unofficial table of contents

§ 12 catering, personal requirements

The soldier receives troop meals; tobacco products, other products, additional food and personal care are allowed to an appropriate extent. Items that endanger the security or order in full may be excluded. The possession and enjoyment of alcoholic beverages and other intoxicants are prohibited. Unofficial table of contents

§ 13 Care of the Seelsorgerische Care

(1) The soldier is entitled to a pastoral care by a military clergyman of his religious community. If such a military clerk is not ordered, the soldier can be helped, if possible, to communicate with a chaplain of his confession. (2) The soldier shall be given the opportunity to attend the worship service and other religious (3) There is no possibility of participation in the divine service on Sundays or public holidays. (3) There is no possibility to attend the service within the military facility or to participate in the service. of the military equipment or equipment, the soldier shall be allowed to take part in the (4) The participation in religious services and religious events may, on the grounds of the following, take part in the divine service of his confession. (4) Security or order shall be prohibited. Participation in the divine service in the site can also be limited in time or in service in a particular church. Unofficial table of contents

Section 14 Medical care

(1) The soldier receives medical care by the troop doctor within the framework of the free medical care. (2) For reasons of the health of the soldier, the law enforcement officer may deviate from law enforcement regulations on a proposal of the troop doctor; such deviations are to be noted in the full-train plan. Unofficial table of contents

§ 15 Letter and parcel post

(1) The soldier may receive and send letter and parcel post. His correspondence is not monitored. Packages and packages may only be opened or packed under supervision by the soldier; this shall not apply if disciplinary arrest is carried out. (2) If the soldier is placed in custody in another matter, the provisions of the Paragraph 1, except where the judge does not take other orders with regard to the surveillance of the postal traffic of the soldier. Unofficial table of contents

Section 16 receipt of visits

(1) The soldier is allowed to receive a visit weekly. Further visits may be permitted, in particular if there is an important reason and the enforcement is not jeopardised. Visits may be prohibited or supervised as far as is necessary for security or order in full; the maintenance of the soldier with visitors may only be monitored if it is indispensable for these reasons. (2) The The restrictions referred to in paragraph 1 shall not apply to visits by defenders and lawyers and notaries in a case concerning the soldier. Furthermore, they shall not apply to visits by representatives of the Youth Tribunal and, if the soldier is under probation or supervision, to visits by the probation officer and the education officer. (3) Is against the soldier in the provisions of paragraph 1 shall apply only to the extent that the judge does not meet other orders with regard to the monitoring of the visits. Unofficial table of contents

§ 17 Full-train Facilitation

(1) The law enforcement officer may leave the soldier for up to seven days on account of urgent personal reasons. 2. If the sentence or the arrest has been carried out for more than one month, the soldier may, if he or she is in good conduct, also be granted other means for the enforcement of the law, in so far as this is not the case with the Security and order in full compliance. As a special relief, leaving the Arrest Building or the military facility or establishment can be granted a day of leave, even outside the service period and for each month of uninterrupted service. The holiday is to be calculated on the annual leave; the second sentence of paragraph 1 applies accordingly. (3) The drawback can be restricted or revoked in so far as it is subsequently found that the conditions for their approval no longer apply. are given. Unofficial table of contents

§ 18 Enforcability

(1) If the soldier is transferred to a Bundeswehr hospital or to another hospital for illness or if he is otherwise no longer capable of being fully carried out after the troop doctor has been established, the law enforcement officer shall have, if disciplinary arrest has been carried out. , the decision of the executing supervisor, if a custodial sentence or a criminal remnant is carried out, the decision of the executing authority, and if Jugendarrest is executed, the decision of the enforcement officer to determine whether: the execution is interrupted. (2) Until the decision on the Interruption of enforcement may be dismissed from the rules of enforcement. Unofficial table of contents

§ 19 Order and security in full train

(1) If a soldier is in breach of order or if he is at risk of security in full, special measures may be taken. They may only be maintained in so far as they are necessary in order to guarantee or restore security or order in full. (2) Special measures shall be taken as special measures:

1.

the withdrawal or the abstention of objects which the soldier could use for violence, flight, suicide or self-harm or otherwise abused,

2.

the observation at night,

3.

the withdrawal or restriction of the stay outdoors,

4.

The accommodation in a specially secured locking room without any dangerous objects.

Measures in accordance with points 1 and 2 shall be inadmissible if the soldier only violates the order in full. (3) Several measures may be arranged side by side in so far as the order or security in the implementation is guaranteed only by this or by the law. can be restored. A measure sharpening in its effect may only be arranged if a lighter does not promise success. (4) The orders must be noted in the full-train plan, or otherwise to be informed, stating the reasons. In the event of danger in default, they may also be provisionally taken by the full-service helpers; in such cases, the decision of the law-enforcement officer must be obtained without delay. Unofficial table of contents

§ 20 Treatment of complaints

The provisions of the Order of Military Order shall apply to complaints against incorrect treatment by military officers or services of the Bundeswehr in full. Unofficial table of contents

Section 21 Restriction of fundamental rights

The fundamental right of physical integrity (Article 2 (2) sentence 1 of the Basic Law) as well as the fundamental right of postal secrecy (Article 10 (1) of the Basic Law) shall be restricted in accordance with this Regulation. Unofficial table of contents

Section 22

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Section 23 Entry into force

(1) This Regulation shall enter into force on the day following the date of its announcement. (2)