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 on the enforcement of custodial sentences, criminal remnts, the rest of the youth and the arrest of the authorities of the Bundeswehr (Bundeswehr enforcement order-BwVollzO)

Non-official Table of Contents

BwVollzO

Date of Date: 29.11.1972

Complete:

" Bundeswehrvolltract vom 29. November 1972 (BGBl. 2205), which is defined by Section 184 of the Law of 16. March 1976 (BGBl. I p. 581) "

:As amended by § 184 G v. 16.3.1976 I 581

For details, see the Notes

Footnote

(+ + + text evidence application: 1.1.1977 + + +)


for details. Non-official table of contents

Inbox formula

Based on Article 7 of the Introductory Act on the Military Criminal Law of 30 June 2013. March 1957 (Bundesgesetzbl. 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 Code of 21. August 1972 (Bundesgesetzbl. 1481), shall be published by the Federal Government with the consent of the Federal Council and
pursuant to Section 49 (4) of the German Military disciplinary Code, as amended by the notice of 4. September 1972 (Bundesgesetzbl. 1665), ordered by the Federal Minister of Defence: Non-official table of contents

§ 1 Scope

This regulation applies to the enforcement of the law the sentence of imprisonment, the criminal remnate and the rest of the youth, and the execution of disciplinary arrest of soldiers by the authorities of the German Armed Forces. Non-official table of contents

§ 2 Treatment principle

(1) Enforcement is intended to promote the readiness of the soldier to live a lawful life , in particular, to carry out their soldatical duties.(2) The soldier usually takes part in the service. Non-official table of contents

§ 3 Enforcement agencies

(1) The enforcement shall be in military installations and facilities and, as far as the soldier is at the service in the case of a military unit or service.(2) The soldier shall be separated from other soldiers in a detention room, unless he is used for the purpose of participating in the service or because of his/her employment outside of the detention room. Non-official table of contents

§ 4 Leader and full helper

(1) The law enforcement authorities of the Bundeswehr appoint law enforcement officers and full-service personnel; the law enforcement officers and the law enforcement officers are responsible for the duration of the performance of the soldier pursuant to § 3 of the Regulation on the regulation of the military pre-legislative relationship.(2) The law enforcement officer shall be responsible for the proper execution of the execution; he shall take the decisions necessary in the course of the execution.(3) The law enforcement officers shall support the law enforcement officer in accordance with his instructions in the implementation of the law enforcement order. Non-official table of contents

§ 5 Duration of deprivation of liberty

(1) The duration of the deprivation of liberty is calculated by days, with the week being seven days, the month after the calendar is currently to be calculated.(2) The day on which the soldier signs himself to the full train and the day on which he is dismissed shall be counted fully; the same shall apply if the full train is interrupted.(3) The rest of the leisure time begins on Saturday at 8:00 a.m. and ends on Monday one hour before the start of the service.(4) If a term of imprisonment, a criminal remnate or a youth group is carried out and the date of release falls on the first working day after Easter or Pentecost, or in the time of 22. December to the 2nd In January, the soldier may be released on the working day preceding that day or period if, according to the length of the deprivation of liberty, this is justifiable and there are no disadvantages for the discipline. Non-Official Table Of Contents

§ 6 Full Train Plan

The law enforcement officer has a full-train plan that is aligned with the soldier's personality. , to the extent that this is necessary because of 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. Non-official table of contents

§ 7 Medical examination before the completion of the execution

The disciplinary authority shall initiate a medical examination if it has become aware that the health of the soldier does not allow the execution of the order. If the soldier is not fit for completion,
1.
the executing superior, if disciplinary arrest is to be enforced,
2.
the law enforcement officer, if a custodial sentence or a criminal offence is to be carried out, the decision of the Enforcement authority if Jugendarrest is to execute the decision of the enforcement officer.
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§ 8 Taking of personal and personal items

(1) The soldier has to bring only the items that have been determined to be necessary for the purposes of service and personal use to the full. 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 it is not punishable by a penalty or a fine or if the use or transfer or use is not punishable by a penalty or a fine. Security or order in enforcement 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 are no longer fulfilled.(3) The soldier, his objects and the arrest room may be searched. Objects which the soldier is not allowed to possess are to be removed from him and kept for him. Non-official table of contents

§ 9 Obligations and rights of the soldier

The soldier also has the duties and rights of the soldier during the course of the execution, to the extent that it does not result from the provisions relating to the implementation of the law. Non-official table of contents

§ 10 Participation in the service and employment

(1) The soldier is to be promoted during the course of his training. 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 due to the personality of the soldier, the nature of the service, the brevity of the execution or for other reasons, the soldier shall, if possible, be employed in a manner which promotes his training.(2) Where the soldier is not participating in the service or is employed in any other way, he may be used within official accommodation and facilities to work appropriate to the purpose of education and to the abilities of the soldier.(3) The soldier may not be assigned to the security service and shall not be used for security purposes. Non-official table of contents

§ 11 Free stay

The soldier is allowed to stay outdoors for at least one hour every day if the Weathering 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. Non-official table of contents

§ 12 Catering, personal needs

The soldier receives troop meals; tobacco products, other luxury goods, additional Food and personal care products are permitted on an appropriate scale. Objects that endanger the security or order in full may be excluded. The possession and enjoyment of alcoholic beverages and other intoxicants are prohibited. Non-official table of contents

§ 13 pastoral care

(1) The soldier is entitled to a spiritual care by a military clergyman of his religious community. If such a military clerk is not ordered, then the soldier can, if possible, be helped to communicate with a chaplain of his confession.(2) The soldier shall be given the opportunity to participate in the service and other religious events of his or her confession within the military facility or establishment in which the execution is carried out.(3) If there is no possibility of participation in the service within the military facility or institution on Sundays or public holidays, the soldier may participate in a service of his confession in the place of worship; this shall also apply in other ecclesiastic holidays, to the extent that it would be granted to him outside the full service.(4) Participation in worship services and religious events may be prohibited for reasons of security or order. Participation in the divine service in the site can also be limited in time or in service in a particular church. Non-official table of contents

§ 14 Medical care

(1) The soldier receives medical care by the troop doctor within the scope of the free Curative care.(2) For reasons of the health of the soldier, the law enforcement officer may, on a proposal from the troop doctor, derogate from the law of enforcement; such deviations shall be noted in the full plan of the service. Non-official table of contents

§ 15 Letter and parcel post

(1) The soldier is allowed to 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 case, the provisions of paragraph 1 shall apply only in so far as the judge does not take other orders with regard to the supervision of the postal traffic of the soldier. Non-official table of contents

§ 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 this 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 restrictions referred to in paragraph 1 shall not apply to visits by defenders and lawyers and notaries in a case relating to 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 to the child's education officer.(3) If the soldier is placed in custody in another case, the provisions of paragraph 1 shall apply only to the extent that the judge does not meet other orders with regard to the supervision of the visits. Non-official table of contents

§ 17 Full-train facilitations

(1) The law enforcement officer can leave the soldier on holiday up to seven days. The holiday shall not interrupt the execution.(2) If the sentence or arrest has been completed for more than one month, the soldier may, if he is well guided, also be authorized to take other full-train facilitations, to the extent that this is compatible with the security and order in full. As a special relief, leaving the Arrest Building or the military facility or establishment can be granted a day of leave, even outside of the service period and for each month of uninterrupted service. The holidays shall be set off on the annual leave; the second sentence of paragraph 1 shall apply accordingly.(3) The facilitation of enforcement may be restricted or revoked in so far as it is subsequently established that the conditions for their authorization are no longer fulfilled. Unofficial table of contents

§ 18 Enforcement failure

(1) If the soldier is placed in a Bundeswehr hospital or another one for illness, the soldier will be If he or she is otherwise no longer capable of being fully carried out after the troop doctor has been identified, the law enforcement officer shall have the decision of the executing superior, if the custodial arrest is carried out, if a custodial sentence or a custodial sentence has been issued. 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 taken, the enforcement rules may be dismissed. Non-official table of contents

§ 19 order and security in enforcement

(1) A soldier violates the order or endangers security in the In particular, special measures may be taken. They may only be maintained in so far as it is necessary to ensure security or order in full or to restore order.(2) Special measures shall be taken as follows:
1.
The withdrawal or the pre-abstention of objects which are the subject of Soldier to violence, escape, suicide or self-harm or otherwise abused,
2.
observation at night,
3.
the deprivation or restriction of the outdoor stay,
4.
the placement in a special
Measures in accordance with points 1 and 2 shall be inadmissible if the soldier only violates the order in the enforcement order.(3) Several measures may be arranged side by side, in so far as the order or security in the execution can only be guaranteed or restored. A measure that is sharper 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 Handling of complaints

For complaints against inaccurate treatment by military superior or The Federal Armed Forces ' services are in full compliance with the regulations of the Wehrbeschwerdeordnung. Unofficial table of contents

§ 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. Table of Contents unofficial

§ 22

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§ 23 Entry into force

(1) This Regulation shall enter into force on the day after it is announced.(2)