Regulation Relating To The Implementation Of Imprisonment, Criminal Detention, Juvenile Detention And Disciplinary Arrest By Authorities Of The Bundeswehr

Original Language Title: Verordnung über den Vollzug von Freiheitsstrafe, Strafarrest, Jugendarrest und Disziplinararrest durch Behörden der Bundeswehr

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Regulation relating to the implementation of imprisonment, criminal detention, juvenile detention and disciplinary arrest by authorities of the Bundeswehr (German armed forces regulations - BwVollzO) BwVollzO Ausfertigung date: 29.11.1972 full quotation: "Bundeswehr regulations of 29 November 1972 (BGBl. I S. 2205), by section 184 of the Act of 16 March 1976 (BGBl. I S. 581) has been changed" stand: amended by § 184 G v. 16.3.1976 I 581 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from validity) : 1.1.1977 +++) input formula on the basis of article 7 of the introductory act to the military penal code by 30 March 1957 (Bundesgesetzbl. I S. 306) and of section 115 of the Juvenile Court Act of 4 August 1953 (Bundesgesetzbl. I p. 751), both as last amended by the law on the reorganization of the military disciplinary law of August 21, 1972 (Bundesgesetzbl. I p. 1481), is by the Federal Government with the consent of the Federal Council and on the basis of § 49 para 4 of the military disciplinary regulation as amended by the notice of September 4, 1972 (Bundesgesetzbl. I p. 1665) prescribed by the Federal Minister of defence: article 1 scope this Regulation applies to the execution of imprisonment, criminal detention and juvenile detention, as well as for the implementation of disciplinary arrest of soldiers by authorities of the Bundeswehr.

§ To promote the readiness of the soldiers 2 principle of treatment (1) in the execution of a legitimate life to lead, namely his military obligations.
(2) the soldier usually attends the service.

§ 3 full facilities (1) is the law enforcement in military installations and facilities and, as far as the soldier takes part in the service, conducted in a military unit or service center.
(2) separately, the soldier is housed by other soldiers in a detention room, insofar as he is not used because of participating in the service or due to his employment outside of the detention room.

§ 4 full head and Executive Assistant (1) the law enforcement agencies of the Bundeswehr ordered law enforcement Director and Executive Assistant; Executive Director and the Executive Assistant are superiors of soldiers for the duration of the operation pursuant to section 3 of the regulation on the organisation of the military supervisor relationship.
(2) the Executive Director is responsible for the proper execution of the operation; the necessary within the framework of implementation of the decisions.
(3) the enforcement workers support the full head according to the instructions in the implementation of the operation.

§ 5 duration of his detention (1) the duration of his detention is calculated after days; that is seven days week, the month after the calendar time to calculate.
(2) the day on which the soldier to the full logs, and the day on which he is released, are fully into account; the same is true if the execution is interrupted.
(3) the arrest of leisure starts on Saturday at 8:00 and ends one hour prior to the service on Monday.
(4) is carried out of imprisonment, criminal detention or juvenile detention and the dismissal time on the first working day after Easter or Pentecost, or in the period between December 22 and January 2, so the soldier where can be dismissed this day or period preceding business day if this is justifiable according to the length of his detention and no disadvantages for the discipline to get.

§ 6 to create oriented implementation plan insofar as this is necessary due to the participation of soldiers in the service or because of his employment on the personality of the soldiers a full plan which has full head. The full plan is to open up the soldiers. The arrangements in the implementation plan can revoke or be changed as far as the personality of the soldiers, the security or in the law enforcement or the military regulations require this; This is to note, stating the reasons in the implementation plan.

§ 7 medical examination before the start of the operation the disciplinary chief causes before the start of the operation a medical examination, if are known evidence to him, that the health condition of the soldier does not allow implementation of the. The soldier is not suitable for enforcement, so the executing superior has 1, if disciplinary arrest to understand is the enforcement to defer, 2. the Executive Director, if imprisonment or criminal detention to make is the decision of the executing authority, when juvenile detention is to understand, to bring about the decision of the enforcement Director.

§ 8 are driving business and personal items (1) which has a soldier to bring only the items to the full, which was intended for official and personal use as necessary. Photographs of interested persons, items of personal value, as well as objects of religious use are to keep him. The possession of books and other items to the training or the other leisure activity is to allow him, as far as the possession or the provision or use not with fine is threatened or would jeopardize the security or in the law enforcement or military order in reasonable amounts.
(2) decisions can referred to in paragraph 1 be restricted or revoked, unless subsequently stated that the conditions for the decision no longer exist.
(3) the soldier, his stuff and the arrest room may be searched. Items that the soldier may not have, are to take away from him and to be kept for him.

§ 9 obligations and rights of the servicemen of the soldier has also during implementation of the duties and rights of the soldier, as far as not otherwise resulting from the provisions relating to the implementation.

Article 10 participation in the service and employment (1) the soldier aims during implementation of the in his training. Usually he aimed at a military unit, if this is not possible or not advisable, any military Department participate in the service; Participation may be limited to certain types of service or on a certain time. Participation in service due to the personality of the soldiers, the nature of the service, is the brevity of execution or not advisable for other reasons, so the soldier should be employed whenever possible in a way that promotes his education.
(2) as far as the soldier to the service participates or is employed in any other way, it can be used within official accommodation and facilities to work, which are appropriate to the purpose of the education and the skills of the soldiers.
(3) the soldier may be not classified to the security service and not used for security-related tasks.

§ 11 the soldiers will stay in the open air every day at least one hour allows outdoors when the weather permits at the appointed time. The stay in the open air can be refused if the soldier is stopped at least one hour in the open during the service or his employment.

§ 12 meals, personal needs of the soldier gets troop meals; Tobacco products, other food, additional food and body care are allowed in reasonable amounts. Objects that endanger the security or order in the full, can be excluded. Possession and consumption of alcoholic beverages and other intoxicants are prohibited.

§ 13 pastoral care (1) the soldier is entitled to pastoral care from a military chaplains of his religious community. Such a military chaplain is not ordered, can help to contact a chaplain of his confession in connection is the soldiers after.
(2) the soldiers is opportunity to worship and other religious events its commitment within the military facility or institution in which the enforcement is performed to take part.
(3) is no way to participate in the service within the military facility or institution, on Sundays or statutory holidays the soldier at the site may take part in a church service in his confession; This is true also on other religious holidays, so far as to grant him outside of the enforcement service exemption would be.
(4) participation in church services and religious events may be prohibited for reasons of public security or order. The participation in the divine service in the site may be limited time or on the service in a particular Church.

§ 14 medical assistance (1) the soldier gets medical care by the military doctor in the framework of the free medical care.
(2) for reasons of the health of the soldiers, the enforcement Director at the suggestion of the troop physician may deviate from enforcement regulations; such differences are to be noted in the implementation plan.

Letter and parcel post (1) which may soldier received article 15 letter mail and parcel post and submit. His correspondence is not monitored. Parcels and small packets the soldier only under supervision may open or package; This does not apply if disciplinary arrest is carried out.
(2) the pre-trial detention is against the soldiers in other goods, so the provisions of paragraph 1 apply only as far as not the judge with regard to the monitoring of postal traffic of soldiers makes other arrangements.

§ 16 reception visits
(1) the soldier may be receiving once a week visit. Additional visits may be permitted, in particular when an important reason and the law enforcement is not compromised. Visits may be prohibited or monitored, as far as this is necessary for the safety or order in the implementation; the entertainment of soldiers with visitors may only be monitored if it is essential for these reasons.
(2) the restrictions of paragraph 1 do not apply to visits by defenders, as well as by lawyers and notaries in a case relating to the soldiers. You do not apply also to visits by representatives of the juvenile court assistance and, if the soldier is under probation supervision or education aid is arranged for visits to the probation and education the helper.
(3) the pre-trial detention is against the soldiers in other goods, so the provisions of paragraph 1 apply only as far as not the judge with regard to the monitoring of visits makes other arrangements.

Article 17 enforcement facilitation (1) the Executive Director may the soldiers due to an urgent personal reasons leave grant up to seven days. The enforcement will not be interrupted by the holiday.
(2) penalty or arrest more than a month continuously taken been, as other law enforcement relief can be granted the soldiers with good behavior, insofar as this is compatible with the security and order in the full. As special concessions leave can be granted the arrest building or the military facility or establishment outside the service period and for each month of continuous operation a day holiday. The holiday is to be on annual leave; Paragraph shall apply accordingly 1 sentence 2.
(3) the full facilities can be limited or revoked, unless subsequently stated that the conditions are no longer met for their approval.

§ 18 full unsuitability (1) will the soldier because of illness to the Bundeswehr hospital or in a different hospital spent or is otherwise no longer suitable for law enforcement, from the identification of the troop physician full head, if disciplinary arrest is carried out has the decision of the executing managers, if imprisonment or criminal detention carried out the decision of the executing authority is, and if juvenile detention is carried out to bring about the decision of the enforcement Director , whether the execution is interrupted.
(2) up to the decision about the suspension of the enforcement the enforcement provisions can be derogated from.

A soldier violates the order § 19 order and security in the consummation (1) or endangered it so special measures of security in the full, may be taken. You are allowed only to the extent and as long as be maintained, as is necessary in order to ensure the safety or order in the full or restore.
(2) special measures are permissible: 1 the withdrawal or withholding of goods, which the soldier to violence, to flee, to commit suicide or self harm or otherwise abuse could, 2. observation at night, 3. deprivation or limitation of stay outdoors, 4 items hazardous accommodation in a secure holding area without.
Measures according to paragraphs 1 and 2 are not allowed, if the soldier only violates the rules in the law enforcement.
(3) several measures can be arranged side by side, as far as the order or security in the law enforcement can be guaranteed only by or restored. A sharper effect measure may only be ordered if a lighter promises any success.
(4) the arrangements are to note, stating the reasons in the implementation plan or otherwise on record to make. You can also temporarily be made at the imminent danger of the enforcement workers; in these cases, the decision of the Executive Director is immediately to catch up.

Article 20 treatment of complaints for complaints against incorrect treatment by military superiors or sub-offices of the Bundeswehr in the execution of the military appeal rules apply.

Article 21 restriction of fundamental rights the fundamental right of physical integrity (article 2 para 2 sentence 1 of the Basic Law) as well as the fundamental right of postal secrecy (article 10 para 1 of the Basic Law) be restricted under this regulation.

Section 22 - article 23 entry into force (1) this regulation enters into force on the day after its promulgation.