Defence discipline (WDO)

Unofficial table of contents

WDO

Date of completion: 16.08.2001

Full quote:

" Military disciplinary order of 16 August 2001 (BGBl. I p. 2093), most recently by Article 7 of the Law of 28 August 2013 (BGBl. I p. 3386).

Status:

Last amended by Art. 7 G v. 28.8.2013 I 3386

For more details, please refer to the menu under Notes

Footnote

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

  

The G was referred to as Art. 1 d. G 52-5/1 v. 16.8.2001 I 2093 (WDNeuOG 2) decided by the Bundestag. It occurs gem. its Article 11 (1) in force on 1 January 2002. Unofficial table of contents

Content Summary

Introductory provisions
§ 1				Factual and personal scope
§ 2				Past service offences
§ 3				File inspection by the soldier
§ 4				Involvement of the Confidence person
§ 5				Deliveries
§ 6				Information on legal remedies and remedies
§ 7				Discipline Book
§ 8				Tilgung
§ 9				Information
§ 10				Compensation for witnesses and experts
Part one
	Appreciation of special achievements by formal recognitions
§ 11				Requirements and types of formal recognitions
§ 12				Jurisdiction to issue formal recognitions
§ 13				Issuing formal recognitions
§ 14				Withdrawal of formal recognitions
Part two
	Pundits for misconduct by disciplinary measures
		First section
			General provisions
§ 15				Disciplinary measures, discretionary principle
§ 16				Relationship of disciplinary measures to penalties and disciplinary measures
§ 17				Time lapse
§ 18				Prohibition of multiple, requirement of uniform sanctification
§ 19				Mercy law
§ 20				Search and seizure
Section 21				Provisional arrest
		Second section
			The disciplinary authority of the disciplinary officers and their exercise
				1.	Simple disciplinary action
Section 22				Types of simple disciplinary measures
Section 23				Reference, strict reference
§ 24				Disciplinary
Section 25				Exit Limit
Section 26				Disciplinary arrest
				2.	Disciplinary authority
§ 27				Disciplinary board
§ 28				Stages of disciplinary powers
§ 29				Responsibility of the next Disciplinary Board
§ 30				Responsibility of the next-higher Disciplinary Board
Section 31				Disciplinary authority according to the degree of service
				3.	Exercise of disciplinary powers
Section 32				Investigation of the Disciplinary Board
§ 33				Obligation to verify the disciplinary board
Section 34				Binding to actual findings of other decisions
§ 35				Independence of the Disciplinary Board
§ 36				Disregard of a disciplinary measure
Section 37				Impose the Disciplinary Action
§ 38				Guidelines for the Discipline of Disciplinary Action
§ 39				Consideration of deprivation of liberty on the disciplinary action
§ 40				Participation of the judge in the imposition of disciplinary arrest
Section 41				Disciplinary Board and Disciplinary Proceedings
				4.	Appeal against measures and decisions of the disciplinary board
§ 42				Application of the Wehrbeschwerdeordnung
				5.	Reconsideration
Section 43				Removal of disciplinary measures in the case of subsequent criminal or penal proceedings
Section 44				Cancellation or amendment of a disciplinary measure for other reasons
§ 45				Procedures for annulment or amendment of a disciplinary measure
Section 46				Service supervision
				6.	Enforcement
§ 47				Enforceability of the disciplinary measures
§ 48				Enforceable supervisor
§ 49				Suspension, postponing and interruption of enforcement
§ 50				Enforcement of reference and strict reference
Section 51				Enforcement of disciplinary sanctions
Section 52				Enforcement of the curfew
Section 53				Enforcement and enforcement of disciplinary arrest
§ 54				Compensation in the event of subsequent cancellation of an enforceable disciplinary measure
§ 55				Enforcement in case of disciplinary arrest
§ 56				Enforcement of disciplinary fines and disciplinary arrest in connection with the day of discharge
Section 57				Limitation of enforcement
Third Section
	The Judicial Disciplinary Procedure
				1.	Judicial disciplinary action
Section 58				Types of judicial disciplinary measures
§ 59				Abbreviation of remuneration
§ 60				Transport ban
Section 61				Reduction in the grade
Section 62				Service level reduction
§ 63				Distance from service
Section 64				Reduction of the pension
Section 65				Recognition of retirement pension
Section 66				Service degree dismise
Section 67				Disciplinary action against former soldiers who are considered to be soldiers in retirement
				2.	Military Service Courts
Section 68				Determination of the Military Service Courts
					(a) troop service courts
Section 69				Erection
Section 70				Responsibility
Section 71				Composition
Section 72				Presidential Constitution
Section 73				Service supervision
Section 74				Honorary Judges
§ 75				Occupation
Section 76				Large cast
Section 77				Exclusion from the exercise of the judge's office
Section 78				Sowing honorary judges
§ 79				Resting and erasing of the office as a honorary judge
					(b) Federal Administrative Court
§ 80				Military service rate, establishment, composition, competence
				3.	Defence disciplinary lawyers
§ 81				Organization and Tasks
				4.	General rules on judicial disciplinary proceedings
Section 82				Proceedings against former soldiers
Section 83				Suspension of the judicial disciplinary procedure
Section 84				Binding to actual findings of other decisions
§ 85				The soldier's inability to negotiate
§ 86				Witnesses and experts
Section 87				Inadmissibility of arrest
Section 88				Expert opinion on the mental state
§ 89				Charges
§ 90				Defence
Section 91				Supplementary provisions
				5.	Initiation of proceedings
§ 92				Pre-Investigations
Section 93				Introductory decree
Section 94				Introduction Authorities
§ 95				Request by the soldier to initiate proceedings
§ 96				Subsequent judicial disciplinary proceedings
				6.	Investigations of the fortified disciplinary board
Section 97				Investigative principles
				7.	Procedures up to the main negotiation
Section 98				Setting
§ 99				Accusation
§ 100				Delivery of the accusation
§ 101				Call to the troop service court
Section 102				Disciplinary Court
Section 103				Charge for the main negotiation, charge period
				8.	Main negotiation
Section 104				Participation of the soldier at the main trial
Section 105				Principle of non-public opinion
Section 106				Taking of evidence
Section 107				Subject-matter of the judgment
Section 108				Decision of the troop service court
§ 109				Payment of the maintenance fee
§ 110				Maintenance of assistance for the detection of criminal offences
Section 111				Signature of the judgment, delivery
				9.	Court application procedure
Section 112				Application
Section 113				Procedure
				10.	Legal remedies
					(a) Complaint against judicial decisions
Section 114				Provisions applicable to the appeal procedure
					b) vocation
§ 115				Admissibility and deadline of appeal
Section 116				Presentation and justification of the appeal
Section 117				Illegal appeal
Section 118				Notification of appeal
§ 119				File transfer to the Federal Administrative Court
§ 120				Decision of the Court of Appeal
Section 121				Judgment of the Court of Appeal
§ 122				Binding of the troop service court
§ 123				Procedural principles
Section 124				Failure of the soldier
					(c) Legal force
§ 125				Legal force of judicial decisions
				11.	Provisional dismissal, withholding of remuneration
§ 126				Admissibility, effectiveness, appeal
§ 127				Repayment and repayment of the amounts withheld
				12.	Application procedure before the conscription court in the case of subsequent punishment of criminal justice
§ 128				Conditions and jurisdiction
				13.	Resumption of the judicial disciplinary procedure
Section 129				Retaking reasons
§ 130				Failure to resume
Section 131				Application, deadline, procedure
Section 132				Decision by decision
§ 133				Oral proceedings, decision by judgment
Section 134				Legal effects, compensation
				14.	Enforcement of disciplinary measures
§ 135				Implementation of enforcement
				15.	Costs of the procedure
Section 136				General
Section 137				Amount of the cost obligation
§ 138				Duty of the soldier and the federal government
Section 139				Costs of legal remedies and legal remedies
§ 140				Necessary outlays
Section 141				Decision on costs
Section 142				Cost-setting
Final provisions
Section 143				Special provision for soldiers on time
Section 144				Special dismissal of a soldier
§ 145				Binding of the courts to disciplinary decisions
Section 146				Authorisation to adopt a regulation
Section 147				Transfer rules
§ 148				Limitation of fundamental rights

Introductory provisions

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§ 1 factual and personal scope of application

(1) This Act regulates the assessment of special achievements by formal recognition and the punishment of misconduct by disciplinary measures. (2) The law applies to soldiers. It also applies to those who have been in a military service (former soldiers), unless otherwise provided by this law. (3) Former soldiers who are not entitled to a retirement pension, but who are not entitled to any other claim to Service provision, old-age money according to the old-age money law of 28 August 2013 (BGBl. 3386), until the termination of the provision of these benefits in accordance with the provisions of this Act, shall be considered as soldiers in retirement. The benefits they receive are considered to be a retirement pension. Unofficial table of contents

§ 2 Formerly committed misconduct

(1) A soldier who is once again in a military service after termination of an earlier military service may also be prosecuted for such misconduct or as a misconduct of a service he has carried out in the previous period. (2) In the case of professional soldiers or soldiers who have previously been employed as a civil servant or judge, this law shall also apply in respect of such offences which they have in their own right. an earlier service or a person entitled to a pension from such a The acts referred to in Article 77 (2) of the Federal Civil Service Act shall also be deemed to be a misconduct in the case of a deprivation of service or dismissed from such service. The application of this law does not preclude a change of the Dienstherrn. As simple disciplinary measures, the Military Service Tribunal may only impose reference or disciplinary measures. Unofficial table of contents

§ 3 File inspection by the soldier

(1) The soldier shall be allowed to inspect the files, to the extent that this is possible without endangering the purpose of the investigation. In the case of the hearing pursuant to § 14 (1) sentence 3, in accordance with § 32 (5) sentence 1 or after the notification of the accusation notice, the inspection shall be permitted without this restriction. In so far as the soldier can inspect the files, he may make copies thereof or make copies thereof at his expense. (2) Files and documents which the soldier is not allowed to inspect shall not be allowed to be either withdrawn or used in the form of a supplement. Unofficial table of contents

§ 4 Participation of the Confidence person

§ § 27 and 28 of the Soldatenbeteiligungsgesetz (Soldatenbeteiligungsgesetz) shall apply to the participation of the trust person in the case of decisions pursuant to this Act. The result of the hearing of the confidant is to be disclosed to the soldier before the hearing of the soldier in accordance with § 14 (1) sentence 3, § 32 (5) sentence 1 or § 93 (1) sentence 2. Unofficial table of contents

§ 5 deliveries

(1) The deliveries prescribed in this Act shall be implemented

1.

by handing over to the consignee against receiving confession or, if he refuses to accept or issue the receipt, by making a copy thereof,

2.

by registered letter with a return note,

3.

in accordance with the rules laid down in the Code of Civil Procedure on the service of official;

4.

to authorities and services, including by presenting the records of the documents to be supplied; the addressee has to note the date on which the document was presented in the files.

(2) The service referred to in paragraph 1 (3) may also be carried out by a soldier. The public service shall be approved by the Chairman of the Military Service Chamber at the request of the Military Disciplinary Board. (3) If the person entitled to receive a document has been shown to receive a document, it shall be deemed to have been delivered at the latest at this point in time. Unofficial table of contents

Section 6 Instruction on legal remedies and remedies

In the case of any decision to be taken under this Act, the soldier or the former soldier shall be informed of the possibility of dispute, of the bodies in which the appeal or the appeal is to be made and of the form and time-limit of the To submit a letter of appeal in writing. Unofficial table of contents

§ 7 Disciplinary book

Formal recognitions, indisputable disciplinary measures and penalties shall be entered in the Disciplinary Book. Unofficial table of contents

§ 8 Tilgung

(1) Formal recognitions are to be paid if their withdrawal has become indisputable. (2) A simple disciplinary measure is after three years, a reduction in the remuneration after five years and a transport ban, also in connection with a Abbreviation of the salaries, after seven years to pay. The period shall begin with the date on which the disciplinary measure is imposed or with the proclamation of the first judgment. If the soldier is punished legally during the period due to another act, or if a disciplinary measure is imposed on him in an indisputable manner, the time limit shall begin anew. For the beginning of the period, sentence 2 shall apply. (3) If a disciplinary measure is lifted, it shall be redeemed. If it has had an impact on the calculation of the repayment periods, they must be recalculated. (4) Penalties must be repaid

1.

after five years, if the soldier has been sentenced to imprisonment for more than one year,

2.

after three years in all other cases.

The period begins with the proclamation of the first judgment, in the case of criminal orders with the date of signature by the judge. (5) If a reduction in the remuneration after five years has not yet ended the execution, the time limit shall be extended until the end of the period of the first judgment. End of enforcement. (6) Simple disciplinary measures imposed after a reduction in remuneration or a ban on transport are to be repaid only if the reduction in remuneration or the prohibition of transport is satisfied. (7) Formal recognitions, disciplinary measures and penalties shall not be allowed to: shall be taken into account if they are to be removed; they shall be removed from the disciplinary book and the personnel files. (8) After the expiry of the respective repayment period, the soldier or former soldier shall be allowed to provide any information on the disciplinary action, and on the facts to which they are based. He may declare that he has not been moderated. (9) Documents relating to the determination of a service act must be removed from the personnel files after two years. The second sentence of paragraph 2, as well as paragraphs 7 and 8, shall apply accordingly. Unofficial table of contents

§ 9 Information

(1) Information on formal recognitions, on disciplinary measures and in the Disciplinary Book of Registered Judicial Penalties, Communications on the Investigations of the Disciplinary Board, on preliminary investigations of the Disciplinary Board and on judicial disciplinary proceedings as well as facts arising from such proceedings are only granted without the consent of the soldier or the former soldier

1.

to services within the remit of the Federal Ministry of Defence, to courts and public prosecutors, to the extent that this is necessary for the performance of the tasks within the competence of the recipient, and

2.

to the injured in the exercise of their rights.

Under these conditions, the transmission of documents is also permissible. (2) The addressee may only process or use the information provided for the purpose for which he was sent to him. (3) Other legal provisions which allow for the exchange of information, remain unaffected. Information on formal recognitions, on disciplinary measures and on judicial punishments registered in the Disciplinary Book, which are tilted or redeemed, shall only be issued with the consent of the soldier or the former soldier. Unofficial table of contents

§ 10 Compensation of witnesses and experts

Witnesses and experts who are not in service shall receive compensation or remuneration in the appropriate application of the Justice Remuneration and Compensation Act.

Part one
Appreciation of special achievements by formal recognitions

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§ 11 Conditions and types of formal recognitions

(1) Formal filling or outstanding individual actions can be recognized by formal recognitions. (2) Formal recognitions are:

1.

Recognition in the company or daily command,

2.

Recognition in the ministry of the Federal Ministry of Defence.

(3) With a formal recognition, special leave can be combined for up to 14 working days. (4) Good performances can also be appreciated by awards of a different kind. Unofficial table of contents

§ 12 Competence for the sharing of formal recognitions

(1) Grant it

1.

the Head of the Company or any other disciplinary officer who has the disciplinary authority of a compan or a higher disciplinary officer in the Company or the daily command,

2.

The Federal Minister for Defense Recognition in the Ministry of Defense of the Federal Ministry of Defence.

(2) It is possible to grant

1.

the Head of the Company or a Disciplinary Officer with the Disciplinary Powers of a Special Companyto Special Leave for up to five working days,

2.

the battalion commander or a disciplinary officer with the disciplinary authority of a battalion commantor special leave for up to seven working days,

3.

the regiment commander or a disciplinary officer with the disciplinary authority of a regiment for a special holiday up to 14 working days.

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Section 13 Erparts of formal recognitions

(1) In deciding whether formal recognition should be granted, a strict standard shall be established. The soldier is supposed to be worthy of his personality after this formal recognition. The formal recognition should also appear to be justified to his or her comrades. (2) The date of the special leave shall be determined by the supervisor responsible for the granting of the holiday leave. (3) The formal recognition shall be determined by a higher Discipline-appointed, the next Disciplinary Board of the soldier must be heard. Unofficial table of contents

Section 14 Revocation of formal recognitions

(1) A formal recognition shall be withdrawn if it is subsequently established that the conditions under which it was granted were not available. The withdrawal shall be justified. Before the decision, the soldier is to be heard. (2) The discharge authority decides on the withdrawal. If a higher disciplinary authority has given formal recognition, the decision shall be pending. In case of omission of the service of the higher disciplinary superior, the responsibility is determined by the Federal Minister of Defence. (3) If the formal recognition is withdrawn, it is also to be decided whether or not to be a Special holiday is to be attributed in whole or in part to the holiday holiday. An offsetting of the special leave to be taken on the holiday leave is not possible, as far as this would be a special hardship. (4) The decision must be sent to the soldier.

Part two
Pundits for misconduct by disciplinary measures

First section
General provisions

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§ 15 Disciplinary Measures, discretionary principle

(1) Services (§ 23 of the Soldatengesetz) can be punished by simple disciplinary measures (§ 22) or by judicial disciplinary measures (§ 58). The imposition of judicial disciplinary measures is reserved for military service courts. (2) The competent disciplinary officer shall determine, in accordance with its duty of discretion, whether and how to intervene in accordance with this law, as a result of a service failure; It shall also take account of the entire service and non-service conduct. Unofficial table of contents

Section 16-Relationship between disciplinary measures on penalties and disciplinary measures

(1) If a court or authority has been subject to an indisputable sentence or disciplinary measure, or in accordance with Section 153a (1) sentence 5 or paragraph 2 sentence 2 of the Code of Criminal Procedure, after the fulfilment of conditions and instructions, it can no longer be deemed to have been a criminal offence or a law of order. They may be prosecuted for the same facts

1.

not be subject to disciplinary measures, with the exception of the disciplinary arrest,

2.

Disciplinary arrest, reduction of the remuneration or reduction of the pension shall be imposed only if this is additionally necessary in order to maintain the military order or if the reputation of the Bundeswehr is serious due to the misconduct has been affected.

(2) In the case of the imposition of disciplinary arrest, another deprivation of liberty shall be set off; the duration of the disciplinary arrest shall not exceed three weeks, together with the other deprivation of liberty. (3) If the soldier is in the criminal proceedings or in the If a disciplinary measure is not imposed or a judicial disciplinary procedure may be initiated or continued only if the facts of the case contain a misconduct, without the facts of the case, a disciplinary action may be imposed or continued only. To comply with a penal code or a fine. Prior to the start or continuation of the investigation, the soldier shall be informed of the facts which he/she will continue to be accused of as a breach of duty. Unofficial table of contents

§ 17 Time lapse

(1) Disciplinary matters must be dealt with expedititily. (2) If six months have elapsed since a period of service, a simple disciplinary measure must no longer be imposed. (3) If three years have elapsed since a period of service, a reduction in the number of cases must be reduced. the remuneration and the reduction of the pension shall no longer be imposed. (4) If five years have elapsed since a period of service, a ban on carriage may no longer be imposed. (5) Before the expiry of the period for the same subject matter, Criminal proceedings, a fine-fine procedure or a judicial Disciplinary proceedings have been initiated against the soldier or the facts are the subject of a complaint, a military accident investigation or a diver accident investigation or an accident investigation, the time limit for the duration of this procedure shall be: Inhibited. Unofficial table of contents

Section 18 Prohibition of multiple, requirement of uniform reaversion

(1) A misconduct may only be punishable by disciplinary action. § 96 remains unaffected. (2) Several breaches of duty of a soldier or of a former soldier, over which a decision can be made at the same time, are to be punished as a miserable service. Unofficial table of contents

§ 19 Mercy Law

(1) The Federal President shall be entitled to the right of grace with regard to the disciplinary measures imposed under this law. (2) If the distance from the service relationship or the withdrawal of the retirement pension is removed at the mercy path, § 52 of the Soldatengesetz (Soldatengesetz) shall apply accordingly. Unofficial table of contents

§ 20 Search and seizure

(1) In order to clarify a service, the disciplinary board may only carry out searches and seizure outside of the flats and only on the order of the judge of the competent, if necessary, the nearest troop service court. Only one soldier is allowed to be searched, against which the suspicion of a miserable service is directed. The search extends to the person and the belongings of the soldier. The seizure shall be subject to all objects which may be of importance for the clarification of a service. It may be ordered against any soldier. (2) In the event of danger in default, the disciplinary measures referred to in paragraph 1 may also be taken without an order of judicial order. The judicial authorisation shall be requested without delay. Reasons shall be given for the request for a judicial approval or approval. The resulting files shall be attached. Reasons shall be given for the decision by which the Judge shall, in whole or in part, state the reasons for his or her consent or confirmation. The disciplinary officer, on the other hand, can appeal to the troop service court within three days. The sentences 3 and 4 shall apply accordingly. The Troop Service Court shall decide definitively by decision. The soldier shall be heard before all decisions concerning the confirmation of the measures referred to in paragraph 1. The decisions shall be notified to him. (3) For the implementation of measures referred to in paragraph 1, Section 32 (2) shall apply accordingly. The search for a soldier may only be carried out by persons of the same sex or by a doctor who is not supposed to be the soldier's troop doctor; this shall not apply if the immediate search for protection against a danger to the soldier is or life is required. The inspection of private documents of the soldier is only available to the disciplinary officer. (4) The soldier against whom a measure pursuant to paragraph 1 is directed shall open the grounds for the measure orally, unless the purpose of the investigation is endangered. . It shall be allowed to be present when it is carried out. If the soldier cannot be reached immediately, a witness is to be attached. The search and its essential result, as well as the seizure, shall be accompanied by a minutes without delay, from which, in the absence of a judicial order, it shall also be necessary to provide the facts which are necessary for the adoption of a Danger in default. In addition, § 94 (1) and (2), Section 95 (1), § § 97, 109 and 111k of the Code of Criminal Procedure shall apply mutas to the soldier's request. Unofficial table of contents

Section 21 Preliminary arrest

(1) Each disciplinary officer may provisionally arrest soldiers who are subject to his or her disciplinary powers on the grounds of a misconduct if it requires the maintenance of the discipline. (2) The same authority shall have the same power.

1.

any member of the military service, including the military guards, against any soldier whose disciplinary officers are not accessible on the spot;

2.

a)

any superior to any soldier who he can give orders,

b)

every officer and officer in relation to each soldier who is under him in the grade of duty,

if the disciplinary officer or a member of the military service, including the military guards, cannot be reached on the spot. In the cases referred to in (b), the apprehended officer or officer shall be arrested by the declaration of the arrest of the person who has been arrested. (3) Members of a military guard may only be arrested by their guards. (4) The Detention shall be set free as soon as the maintenance of the discipline no longer requires detention, but at the latest at the end of the day following the provisional arrest, if not earlier on suspicion of a criminal offence. Arrest warrant issued by the judge. On board ships outside the territorial waters of the Federal Republic of Germany, the arrested person may, after having been heard by the commander and on the latter's order, also without a judicial warrant, beyond the time limit set out in sentence 1. if and as long as it poses an imminent threat to persons or ships which cannot be averted in any other way. At the hearing, the person arrested shall be informed of the circumstances justifying the adoption of a misconduct and of a danger to man or ship. The hearing shall give him the opportunity to remove the grounds of suspitation and to assert the facts which speak in his favour. (5) The reason for the arrest and the exact date of the hearing and the date of release shall be in writing. -note. In the cases referred to in paragraphs 2 and 3, the provisional arrest shall be reported immediately to the office of the detainted person.

Second section
The disciplinary authority of the disciplinary officers and their exercise

1.
Simple disciplinary action

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§ 22 Types of simple disciplinary measures

(1) The disciplinary measures which may be imposed by the disciplinary authorities (simple disciplinary measures) shall be:

1.

reference,

2.

strict reference,

3.

Disciplinary action,

4.

initial limit,

5.

Disciplinary arrest.

(2) The following may be imposed:

1.

Disciplinary arrest and curfew,

2.

in the case of the unauthorised absence of the soldier, from more than one day of curfew and disciplinary or disciplinary arrest and disciplinary action.

In addition, only one disciplinary measure is admissible on account of the same service. (3) A simple disciplinary measure does not preclude the promotion of a soldier who has been tried and tested by the other. (4) Against soldiers in a military service relationship after the Reservists and Reservists Act can only be imposed on the outside of an activation according to § 8 of the Reserve Law and Reservists Act or an education according to § 9 of the Reserve Law and Reservists Act. Unofficial table of contents

§ 23 Reference, strict reference

(1) The reference is the formal tadel of a certain non-compulsory conduct of the soldier. (2) The strict reference is the reference made known to the troupe. (3) Dismissive statements of a disciplinary superiors who do not explicitly referred to as a reference or a strict reference (teachings, warnings, assignments or similar measures), are not disciplinary measures. This shall also apply if they are linked to a decision by which the disciplinary supervisor or the initiation authority determines a misconduct, from the imposition of disciplinary measures or the initiation of a judicial review. Disciplinary proceedings, however, disregard. Unofficial table of contents

§ 24 Disciplinary penal

(1) The disciplinary action shall not exceed the one-month amount of the remuneration of the service or of the Wehrsoldes. In the case of a soldier whose military service is less than one month, the disciplinary action shall not exceed the amount awarded to him for the duration of the military service. (2) In the case of the painting of the disciplinary measures, the the personal and economic conditions of the soldier. Unofficial table of contents

§ 25 Initial restriction

(1) The curfew shall consist in the prohibition to leave the official residence without permission. It can be aggravated by the ban in connection with the ban, to enter communal areas for the whole duration or on certain days, and to receive a visit (heighten curvate restriction). The intensification according to sentence 2 can also be arranged individually. (2) The initial limitation lasts at least one day and at most three weeks. It may only be imposed on soldiers who are obliged to reside in a community accommodation on the basis of a service pursuant to Section 18 of the Soldatengesetz (Soldatengesetz). Unofficial table of contents

Section 26 Disciplinary Arrest

The disciplinary arrest is a simple deprivation of liberty. It lasts at least three days and a maximum of three weeks.

2.
Disciplinary authority

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§ 27 Disciplinary Board

(1) The authority to impose disciplinary measures and to take the decisions and measures otherwise provided to the disciplinary supervisors (disciplinary authority) shall have the officers to whom it is entitled under this law and their troop service officers and the superiors in comparable positions to which they are awarded by the Federal Minister of Defense for the performance of special tasks. The Chief Disciplinary Officer is the Federal Minister of Defense. (2) The disciplinary authority is bound to the service position. It cannot be transferred. She goes by himself on the deputy in command. If the holder of the office or the deputy in command does not have an officer rank, it shall pass on to the next-higher disciplinary supervisors. (3) Violations of the medical officers against their medical duties shall be carried out by supervisors. Sanity officers punished. This shall also apply where there is a breach of other obligations as a result of the breach of medical obligations. Unofficial table of contents

Section 28 Disciplinary Powers

(1) The disciplinary authority shall be graduated in accordance with the service of the disciplinary bodies. It can be suspended

1.

the head of the company or an officer in the appropriate service

a)

against sub-officers and team reference, strict reference, disciplinary and curfew, and disciplinary arrest for up to seven days,

b)

against officer-Verweis;

2.

the battalion commander or an officer in appropriate service

a)

against sub-officers and crews of all simple disciplinary measures,

b)

against officer eall simple disciplinary measures, except for disciplinary arrest;

3.

the Federal Minister of Defence and the officers of the regiment and brigade commander, and the officers in corresponding service positions, all the simple disciplinary measures.

The Federal Minister of Defence shall determine which superiors within the meaning of points 1 to 3 are in corresponding service positions.

(2) A disciplinary officer shall have the disciplinary authority of the next higher level, if the otherwise competent disciplinary officer is not attainable and the military discipline requires immediate intervention. Such cases shall be reported immediately to the otherwise competent disciplinary board. Unofficial table of contents

§ 29 Responsibility of the next Disciplinary Board

(1) Where the law does not determine otherwise, the next disciplinary officer shall exercise disciplinary powers. The next disciplinary supervisor is the supreme supervisor with disciplinary authority, to whom the soldier is directly subpoened. The responsibility for the disciplinary punishment of the duties of the confidential person is governed by Section 14 (2) of the Soldatenbeteiligungsgesetz (Soldatenbeteiligungsgesetz). (2) The new Disciplinary Board shall be suspended before the execution of a case. Responsible. This shall apply, in particular, in the case of transfers or temporary withdrawal of troop parts from their association and in the case of commercialisation, unless the service office which pronounce the commendation is determined otherwise. (3) In the cases of The disciplinary authority cannot be exercised against the same level of service and service level higher. Unofficial table of contents

§ 30 Jurisdiction of the next higher disciplinary board

(1) The next higher disciplinary authority shall be responsible if the action cannot be punished by the next Disciplinary Board, because

1.

who is actually involved in the act,

2.

in the case of section 29 (3), the act is committed by the same or a higher rank of service;

3.

the act has been committed by a confidant, unless the conditions set out in Article 14 (2) sentence 2 of the Soldatenbeteiligungsgesetz (Soldatenbeteiligungsgesetz) are fulfilled,

4.

the next disciplinary authority is unattainable, and the military discipline requires immediate intervention. Such cases shall be notified without delay to the other competent disciplinary authority.

(2) The next Disciplinary Board shall continue to be responsible for the action of the next Disciplinary Board if the next Disciplinary Board reports that:

1.

insufficient disciplinary powers (§ 28 (1) (1) and (2)),

2.

he personally is hurt by the act,

3.

he thinks he's catching up.

(3) In the cases referred to in paragraph 1 (1) to (3) and in paragraph 2, the next disciplinary body shall report to the next higher disciplinary authority the duties of the next disciplinary board. Unofficial table of contents

Section 31 Disciplinary powers after the degree of service

(1) The local commanders, the leaders of specially assembled departments and the officers in similar positions shall have the power to command, provided that they do not have a higher level of command after their other service. Disciplinary authority shall be entitled, depending on the degree of service, the following disciplinary powers:

1.

A lieutenant, lieutenant colonel, captain or chief of staff, or an officer in an appropriate degree of service, the disciplinary powers of a letter of compan,

2.

A major, lieutenant colonel or an officer in appropriate grade, the disciplinary authority of a battalion commander,

3.

A colonel or officer in a corresponding or higher rank shall be the disciplinary authority of the highest level (Section 28 (1) no. 3).

The Federal Minister of Defence determines which officers have disciplinary powers under this rule. (2) For the disciplinary authority of the deputy in command, the degree of service of the deputy is decisive. (3) The The disciplinary authority of these superiors shall only exist if the military discipline requires immediate intervention and the disciplinary supervisor in charge of the discipline cannot be reached. Such cases must be notified immediately to the otherwise competent disciplinary officer. (4) The Chief Physician of a Federal Armed Forces Hospital may exercise disciplinary powers if the military discipline requires immediate intervention. The second sentence of paragraph 3 shall remain unaffected.

3.
Exercise of disciplinary powers

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Section 32 Investigations of the Disciplinary Board

(1) Where facts are known to justify the suspicion of a misconduct, the disciplinary authority shall inform the facts of the facts by means of the necessary investigations. The contents of oral interrogations must be made aware of the facts. (2) The disciplinary officer may transfer the information of the facts to an officer. In cases of minor importance, the Disciplinary Supervisor may also appoint the Companiefeldwebel or a sub-officer in appropriate service with the testimonies of witnesses, in so far as they are teams or sub-officers without (3) In the clarification of the facts, the incriminating, relieving and the circumstances which are significant for the nature and the amount of the disciplinary action must be determined. (4) The soldier shall be informed of the investigation as soon as this is not Danger to the investigation is possible. At the beginning of the first hearing, he should be opened to him which breaches of duty are to be charged to him. At the same time, he must point out that he is free to comment on the matter or not to testify. If he says, he has to tell the truth in official matters. If the instruction prescribed in sentences 2 and 3 has not been given or has been improperly granted, the soldier's statement must not be used to his disadvantage. (5) Prior to the decision, the soldier must always ask whether he or she has anything to do with his or her own. To bring relief. This shall include a copy of the consensual document, which shall be signed by the soldier. Unofficial table of contents

§ 33 Examination obligation of the Disciplinary Board

(1) If the soldier has committed a misconduct, the disciplinary board shall examine whether he or she wishes to apply it to an educational measure or whether he intends to impose a disciplinary measure. He shall also examine whether he/she has the right to continue to report a disciplinary action or to bring about the decision of the Executive Board. (2) The disciplinary supervisor shall not intervene until the disciplinary action has been taken unless others Measures have been unsuccessful. If the disciplinary authority wants to impose a disciplinary measure, he must be responsible for the fault of the soldier. (3) If the offence is a criminal offence, the disciplinary board shall give the matter to the person independent of the examination referred to in paragraph 1. competent law enforcement authority, if this is necessary either for the maintenance of the military order or because of the nature of the act or the seriousness of the imright or guilt. He may suspend the disciplinary execution until the end of the criminal proceedings initiated or otherwise suspended for the purpose of the charge. This does not apply if the statement of facts is secured or if, for reasons, it cannot be negotiated in the criminal proceedings, which lie in the person or in the conduct of the soldier. Unofficial table of contents

Section 34 Binding on actual findings of other decisions

(1) The actual findings of a final judgment in the criminal proceedings or fine-fine proceedings on which the decision is based shall be binding on the Disciplinary Board, in so far as the offence relates to the same subject matter. (2) However, in the case of decisions pursuant to § 40 (4), § 42 (4) and (5) and § 45, the Military Service Tribunal shall decide once again such findings, the correctness of which its members with a majority vote, in the case of decisions by A troop service chamber with the voice of the chairman, doubt. This is to be expressed in the grounds of the decision. Unofficial table of contents

Section 35 Self-employment of the Disciplinary Board

(1) The competent disciplinary supervisor decides solely responsible; he cannot be ordered, whether and how to punish him. (2) If the disciplinary supervisor is subject to disciplinary action, higher superities may take this decision, apart from the cases of § 45 and the appeal, only under the conditions laid down in § 46 (2). (3) If the disciplinary authority does not consider a service to be carried out, but a disciplinary action is not appropriate, no higher Change the front of this decision. § 92 (3) and (96) remain unaffected. Unofficial table of contents

Section 36 Abvision of a disciplinary measure

(1) If a service is not established by the investigation or if the disciplinary authority does not consider a disciplinary measure to be admissible or appropriate, he shall announce his decision to the soldier if he has previously heard him. (2) The disciplinary authority may retrace the case only if significant new facts or evidence become known. Unofficial table of contents

Section 37 Suspending the disciplinary action

(1) A disciplinary measure shall not be imposed until after the end of one night after the soldier has been finally heard in accordance with Section 32 (5). The disciplinary measure may be imposed immediately on the day when a soldier is march to the place of dismissal. (2) The disciplinary action is imposed on the soldier by the official announcement of the disciplinary decree. His sense of honour is to be conformed. (3) The disciplinary order must be laid down in writing when the announcement is made. It must include time, place and facts of service as well as the nature and level of the disciplinary action, and the tightening of the curbs on the tightened curfew. A copy of the disciplinary order shall be handed out to the soldier in the course of the disciplinary action. (4) If several disciplinary measures are admissible next to one another (Section 22 (2)), they may only be imposed at the same time. (5) The disciplinary authority may have one of his/her shall no longer cancel, amend or leave unenforceable disciplinary measures. § § 39, 49 (3) and § 56 (3) remain unaffected. Unofficial table of contents

§ 38 Guidelines for the Assessment of Disciplinary Measures

(1) In the case of the nature and measure of the disciplinary action, account shall be taken of the peculiar nature and seriousness of the service and its effects, the degree of guilt, the personality, the previous guidance and the reasons for the soldier's motivation. (2) As a rule, the (3) Disciplinary arrest should not be imposed until previous educational measures and disciplinary measures have been taken, and only if the disciplinary measures are to be taken into account, the disciplinary measures must be taken into account. have not achieved their purpose or the maintenance of the military Order a disciplinary deprivation of liberty. Unofficial table of contents

Section 39 Consideration of deprivation of liberty on the disciplinary measure

In the event of disciplinary action, a deprivation of liberty suffered by the soldier on the occasion of his deed by provisional arrest or custody may be credited in such a way as to enable the disciplinary action to be taken into account. is fully or partially declared to be enforceable. Unofficial table of contents

Section 40 Participation of the judge in the imposition of disciplinary arrest

(1) Disciplinary arrest may not be imposed until the judge of the competent authority, if necessary, has agreed to the next troop service court. The Judge shall agree to the intended disciplinary arrest if he considers such disciplinary action to be admissible and appropriate. The decision does not require any justification. The judge may at the same time order the immediate enforceability if this is necessary for the maintenance of the military order, and this decision must be justified. If the judge has ordered the immediate enforceability, § 37 (1) sentence 1 and § 47 (1) do not apply. (2) The disciplinary authority shall notify the judge in his application for consent of the intended duration of the disciplinary arrest. If at the same time he wishes to impose an initial restriction or disciplinary action, he shall also notify the duration of the initial restriction or the amount of the disciplinary action. He shall give reasons for an application for immediate enforceability. The soldier is also to be heard on this request. The Disciplinary Board shall attach to the application the operations resulting from § 32. In addition, an excerpt of recognition, disciplinary measures and punishments from the disciplinary book or the personnel records and, where necessary, a presentation of the facts. (3) Laning the judge, from the disciplinary arrest , or if he is only subject to a shorter disciplinary arrest, he shall give reasons for this decision. If he considers that a judicial disciplinary measure is appropriate, he shall forward the files of the introductory authority to the further resolution. (4) In the cases referred to in the first sentence of paragraph 3, the disciplinary supervisor may, within one week, be required to: Announcement of the judicial decision to call the troop service court. If the military service court considers the intended or shorter disciplinary arrest to be admissible and appropriate, it shall impose it on its own. This decision shall be final. The soldier is to be heard before the decision; the hearing may also take place outside the trial by the chairman. The soldier may only be informed of the grounds for the disciplinary arrest imposed. If the military service court considers that disciplinary arrest is not appropriate, the disciplinary officer decides whether he intends to impose a different disciplinary action against the soldier. If the troop-service court considers that a judicial disciplinary measure is necessary, it shall send the files of the discharge authority to the other resolution. (5) On board ships outside the territorial waters of the Federal Republic of Germany may Disciplinary arrest will be imposed before the judge has agreed, if the judge is unreachable and the military discipline cannot be sustained in other ways. Section 42 (2), first sentence, and § 47 (1) do not apply. If the ship has reached a port of the Federal Republic of Germany, the proceedings shall be submitted immediately to the judge. If he does not agree to the disciplinary action he has imposed, he shall abolic it at the same time. Paragraphs 1 to 4 shall apply mutatily. Section 46 (4) shall apply in accordance with the proviso that the period in accordance with section 17 (2) shall begin with the abolition of the disciplinary measure. (6) The judge and the troop service court may have legal questions of fundamental importance to the Federal Administrative Court . Section 18 (4) of the Order of Military Complaint shall apply accordingly. From the submission to the decision of the Federal Administrative Court, the period laid down in § 17 para. 2 does not expire. Unofficial table of contents

Section 41 Disciplinary Proceedings and Disciplinary Proceedings

If the initiation of a judicial disciplinary procedure is necessary, the competent disciplinary supervisor shall bring the decision of the initiation authority.

4.
Appeal against measures and decisions of the disciplinary board

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Section 42 Application of the Order of Military Complaints

The provisions of the Order of Military Order are based on complaints by the soldiers and the former soldiers against disciplinary measures as well as against other measures and decisions of the disciplinary authority and provisional arrests in accordance with this law. with the following conditions:

1.

Complaints against disciplinary arrest, in which the judge has ordered immediate enforceability, may be brought before the end of one night.

2.

The appeal shall hamper the execution of a disciplinary measure if the soldier has lodged it before the start of enforcement. This date shall be opened to the soldier in good time, usually when the disciplinary measure is imposed. Enforcement shall not be inhibited in the case of complaints against disciplinary arrest, provided that the judge has ordered the immediate enforceability in accordance with Section 40 (1), and in the event of further complaints. Incidentally, the complaint does not have suspensive effect.

3.

The complaint shall be made by the next disciplinary supervisor of the superiors who imposes the disciplinary measure under appeal or who has taken the contested measure or decision.

4.

The troop service court decides on the further complaint. The military service Tribunal shall be responsible for the operation of the command area to which the supervisor who imposes the contested disciplinary measure or who has taken the contested measure or decision, at the time of the Appeal Decree. If the Federal Minister of Defense or the Inspector General of the Bundeswehr has decided on the complaint, the Federal Administrative Court is responsible. The contested disciplinary measure, measure or decision shall be subject to the examination of the conscription court in its entirety; the court shall at the same time take the decision required in the case. Section 40 (4) sentence 7 shall apply accordingly.

5.

Only the complaint to the military service court is admissible against the withdrawal of a formal recognition, against measures pursuant to section 20 and against disciplinary arrest. If the appeal in these cases is directed against a measure or decision of the Federal Minister of Defence or the Inspector General of the German Armed Forces, the Federal Administrative Court shall decide. Point 4 (4) and (5) shall apply accordingly.

6.

The decision on the appeal shall not aggravate the disciplinary measure.

7.

If a disciplinary measure is reduced or lifted on the basis of a complaint, it shall be decided, at the same time, in accordance with section 54 on the offsetting of enforcement and on compensation for a disciplinary measure which has been wrongly enforced.

8.

If the conscription court raises the disciplinary action because a misconduct is not available or is not proven, or because it has proven to be a misconduct, but a disciplinary measure does not degrade, the Disciplinary authorities will only retrace the case if significant new facts or evidence become known.

9.

If a disciplinary measure is lifted without any other disciplinary measure taking its place, the repeal shall be made known in the same manner in which the imposition of the disciplinary action has been made known.

10.

By way of derogation from Article 18 (2), if a soldier's complaints against several disciplinary measures are taken at the same time, the breaches of duty which are based on any disciplinary measure shall be deemed to be a misconduct in each case.

11.

A disciplinary measure may also be reduced or imposed instead of its other, milder disciplinary action if the soldier is already excreted from the service at the time of the decision on the complaint.

12.

Dismissive statements which are linked to the determination of a service act (Section 23 (3) sentence 2) can only be challenged together with that determination.

5.
Reconsideration

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Section 43 Repeal of a disciplinary measure in the case of subsequent criminal or penal proceedings

(1) Where a simple disciplinary measure has been imposed indisputably and, on account of the same facts, a sentence or disciplinary measure is subsequently imposed by a court or a public authority, or a case may be subject to the provisions of Section 153a (1) sentence 5 (2) sentence 2 of the Code of Criminal Procedure, after the fulfilment of conditions and instructions, shall no longer be pursued as a failure, the disciplinary measure shall be lifted at the request of the soldier or the former soldier, if their imposition after conclusion the criminal proceedings or the fine procedure against § 16 (1). The removal of a disciplinary arrest shall not be waived if the conditions for an additional disciplinary action have been taken at the time of its imposition. (2) Disciplinary arrest shall be waived if, together with one of the same, he/she is responsible for the same (3) The annulment is excluded if the disciplinary measure has been credited in the criminal proceedings or in the case of fines. Unofficial table of contents

Section 44 Repeal or amendment of a disciplinary measure for other reasons

(1) Each disciplinary body must request that the disciplinary action be lifted if he considers that a disciplinary measure has been imposed on one of his subordinates, despite the fact that he was innocent or unverifiably guilty; he may request this if he considers that disciplinary action was not appropriate or that it was not admissible pursuant to Section 16 (1). The same shall apply to a request for a reduction of the disciplinary measure if, in the case of a number of breaches of duty punishable as a misconduct, one of the conditions set out in sentence 1. (2) The disciplinary board, who shall: if the disciplinary measure has been imposed, or if his successor is to be replaced, the first sentence of paragraph 1 of the first sentence of paragraph 1 shall be required. This supervisor may also request to reduce any disciplinary action he has imposed if it subsequently appears too harsh for him. (3) The soldier or the former soldier may request the annulment of a non-contestable disciplinary measure. request if new facts or evidence are attached which may lead to the lifting of the disciplinary action. The new facts shall also apply to the actual findings of a final judgment in criminal proceedings or fine-fine proceedings which have been taken on account of the same facts, insofar as they differ from those of the disciplinary order. Unofficial table of contents

Section 45 Procedure in the event of a waiver or amendment of a disciplinary measure

(1) The Military Service Tribunal shall decide on the request for a waiver or amendment of a disciplinary measure. (2) The provisions relating to the appeal shall apply mutatily to the proceedings. § 20 of the Order of Defense is to be applied in so far as it is not an application of a Disciplinary Board pursuant to § 44 (1) or (2). (3) The judges excluded from the decision on the application shall be those judges who are responsible for the application of the Disciplinary action in accordance with § 40 (4) or in a complaint procedure against the disciplinary measure have been involved. Unofficial table of contents

Section 46 Service supervision

(1) The higher disciplinary supervisors shall monitor the disciplinary supervisors under their authority in the exercise of disciplinary power. (2) Disciplinary measures imposed by disciplinary supervisors shall be repealed if:

1.

they have been imposed by an uncompetent disciplinary authority,

2.

they are not provided for by type or amount in the law,

3.

A disciplinary measure has already been imposed on the soldier on the grounds of service (Section 18 (1)),

4.

the disciplinary authority has exceeded his disciplinary powers (§ 28),

5.

The disciplinary authority had announced to the soldier his decision that he did not intend to impose disciplinary measures against him for a service act, and no significant new facts or evidence had subsequently become known. (§ 36),

6.

no longer had to be punished for time-lapse (section 17 (2)),

7.

the soldier has not been heard before (§ 32 para. 5 sentence 1),

8.

the order for disciplinary proceedings was not established in writing or had not had the required content (Articles 37 (3) (1) and (2)),

9.

has been subject to disciplinary arrest without the consent of the judge (Section 40 (1)).

(3) The higher disciplinary supervisors are responsible for the lifting of the disciplinary measures. Section 42 (9) shall apply. (4) The competent disciplinary authority shall examine whether a new disciplinary measure is admissible and appropriate instead of a repealed disciplinary measure. Section 42 (7) shall apply accordingly. (5) The disciplinary superiors shall have grounds for cancellation, which shall be known to them, to report to the competent body responsible for the lifting of the proceedings.

6.
Enforcement

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§ 47 enforceability of the disciplinary measures

(1) A disciplinary measure which has been imposed by a disciplinary board shall not be enforced until the soldier has had sufficient time and opportunity to complain at the day following the imposition and has not made use of it . In advance, the soldier may not waive the appeal. (2) disciplinary measures imposed by a decision of a conscription court shall be enforceable and enforceable with the legal force of the decision (§ 125). Unofficial table of contents

Section 48 Enforceable supervisor

(1) Simple disciplinary measures shall be carried out by the next disciplinary board. If the disciplinary action is imposed by another authority, it shall request the next disciplinary authority to execute the disciplinary action. Other services are to be asked for enforcement only if the soldier is not within the command area of the next disciplinary board and the execution does not tolerate a postponing. (2) The next Disciplinary or other services (paragraph 1) shall also carry out simple disciplinary measures imposed in the judicial disciplinary proceedings, at the request of the forendisciplinary forensile. Unofficial table of contents

Section 49 Suspension, postponing and interruption of enforcement

(1) When a simple disciplinary measure is imposed, enforcement may be suspended for five months in order to give the soldier the opportunity to prove himself. Suspension of enforcement on probation shall be granted only once and only if no or only minor penalties or disciplinary measures have been imposed on the soldier so far and the suspension of the suspension is a more favourable educational Success is to be expected. The suspension of enforcement may be linked to an educational measure. (2) The period shall begin with the date on which the disciplinary measure has become indisputable. If a sentence or disciplinary measure is not imposed on the soldier until the expiry of the probation period on account of an act committed during the probation period, the enforcement of the disciplinary measure shall be adopted. Otherwise, the disciplinary action must be carried out. (3) In addition, enforcement may be postponed or interrupted only for urgent reasons. Unofficial table of contents

§ 50 Enforcement of reference and strict reference

(1) The reference shall be carried out with the hanging. (2) The strict reference shall be carried out by means of a notice before the soldiers of the unit or the troop part from the rank of service of the soldier upwards. The notice shall be limited to the fact that a strict reference has been made against the soldier. Unofficial table of contents

Section 51 Enforcement of Disciplinary Proceedings

(1) The disciplinary measures may be deducted from the remuneration or the military service or, if the service contract ends, from the dismissal allowance or the retirement pension. The execution shall begin with the date fixed for the deduction or payment. (2) The executing supervisor may grant partial payments. (3) Disciplinary fines which are not paid within the time limit shall be subject to the provisions of the (4) In the case of the deduction and the recovery of a disciplinary board, the remuneration, the Wehrsold, the dismissal allowance and the pension are not subject to the restrictions which apply to the seizure. However, the soldier or the former soldier shall be left with the means necessary to support him and his family, as well as for the fulfilment of other legal maintenance obligations. Unofficial table of contents

Section 52 Enforcement of the exit restriction

(1) The initial limit is to be completed on consecutive days. This period is to be ordered. In the case of the heighten initial restriction, the type and duration of the aggravation ordered in accordance with § 25 (1) sentences 2 and 3 shall be additionally ordered. (2) The initial limitation shall be from the beginning of the first day to the end of the last day of the beefed (3) The soldier may be ordered to report at reasonable intervals at superiors. (4) The soldier may, for urgent reasons, on a day or several days for a certain period of time from the have been exempted from the restrictions. The period of the liberation shall be calculated on the basis of enforcement. Unofficial table of contents

Section 53 Enforcement and enforcement of disciplinary arrest

(1) Enforcement of the Disciplinary Arrest shall begin with deprivation of liberty. (2) The soldier shall be promoted during the course of his training. As a general rule, it is intended to participate in the service; participation may be limited to certain types of service or to a certain 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 disciplinary arrest or for other reasons, the soldier shall, if possible, be employed in a different manner to his training promotes. To the extent that 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 his/her abilities. (3) The orders (4) The Federal Ministry of Defence shall be empowered to adopt, by means of law, provisions relating to the execution of the disciplinary arrest, which shall be based on the calculation of the duration of the deprivation of liberty, which shall be Type of accommodation, treatment, employment, granting and the withdrawal of benefits, the traffic with the outside world and the order and security in the implementation. Unofficial table of contents

Section 54 Compensation for subsequent cancellation of an enforceable disciplinary measure

(1) If a disciplinary arrest is subsequently completely or partially revoked, the soldier or the former soldier shall receive compensation. The compensation shall be a day of leave or, in so far as holidays cannot be granted because of the end of the military service, for each day that has been carried out unjustly, compensation in the form of compensation for compensation in accordance with the conditions laid down in the following: Section 7 (3) of the Law on Compensation for Law Enforcement Measures of 8 March 1971 (BGBl. 157) in the version in force. (2) If an initial restriction is subsequently removed in whole or in part, the soldier or the former soldier shall be given compensation for any non-service day during the course of the execution, otherwise for two days each of which has been completed, one day of leave and, in so far as leave cannot be granted because of the end of the military service, a compensation in money equivalent to the compensation provided for in the second sentence of paragraph 1. (3) a disciplinary arrest or an initial restriction of a disciplinary , it shall be declared to be enforceable in so far as the soldier is entitled to compensation in cash. (4) If a disciplinary action is subsequently lifted, it shall be reimbursed; if it is reduced, the difference shall be: (5) In the event of the cancellation of a strict reference, Section 42 (9) shall apply. (6) Paragraphs 1 to 5 shall also apply in the cases of § 22 para. 2. (7) The Military Service Tribunal, which has completely or partially repealed the disciplinary measure, decides on the balance definitively by decision. By the way, the compensation of the disciplinary staff who has completely or partially repealed the disciplinary measure shall be decided upon; § 42 shall apply accordingly. Unofficial table of contents

Section 55 Disciplinary Arrest of the Detention Order

(1) In case of disciplinary arrest, the order shall be admissible if, as a result of the nature of the use of the force or for other reasons, no disciplinary detention is available and the execution is not postponed on service grounds (2) The order shall be transferred to the ordinary full train if the special reasons for this are continued. (3) During his/her time of duty, the soldier shall be on the guard or on board in a person in which he/she is to be appointed to the right of residence. appropriate space. The executing superior determines the extent to which the soldier is to be used for services during this period. Unofficial table of contents

§ 56 Enforcement of Disciplinary Sanctions and Disciplinary Arrest in connection with the day of the dismise

(1) A disciplinary action may also be carried out after the day of release. (2) If disciplinary arrest cannot be enforced with regard to the day of the release, § 42 (2) sentence 1 and § 47 (1) do not apply, provided that the judge is the has ordered immediate enforceability. The reasons for this decision shall be justified. The day of discharge shall be postponed for the duration of the not yet served disciplinary arrest. (3) The executing superiors shall abduct from the execution if this is not a disadvantage for the discipline to be obtained. Unofficial table of contents

§ 57 Limitation of enforcement

Simple disciplinary measures may no longer be carried out after six months. The deadline shall begin with the day on which the disciplinary action has become unquestionable. The time limit shall be maintained if enforcement begins before the end of the period.

Third Section
The Judicial Disciplinary Procedure

1.
Judicial disciplinary action

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Section 58 Types of judicial disciplinary measures

(1) Judicial disciplinary action against professional soldiers and soldiers on time are:

1.

reduction of the remuneration,

2.

the prohibition of transport,

3.

Reduction in the grade,

4.

Service-grade reduction and

5.

Distance from service.

(2) Judicial disciplinary measures against soldiers in retirement and against former soldiers who are considered to be soldiers in retirement (Section 1 (3)) are:

1.

reduction of the retirement pension,

2.

Reduction in the grade,

3.

Service-grade reduction and

4.

Recognition of retirement pension.

If, at the same time, they are members of the reserve or former soldiers who are not liable for defence, who can still be used for services, only the judicial disciplinary measures referred to in sentence 1 may be imposed. (3) Disciplinary measures against soldiers in a military service in accordance with the reserve and reserve law, against members of the reserve, as well as against former soldiers who are not subject to military service, who can still be used for services, are:

1.

Service-grade reduction and

2.

Recognition of the degree of service.

In the case of retired soldiers and former soldiers who are considered to be soldiers in retirement (Section 1 (3)), who are appointed to a military service in accordance with the Law on Reservists and Reservists, the first sentence of paragraph 2 remains unaffected. (4) Only cuts in salaries and bans on transport may be imposed next to each other. In particular, they are to be imposed next to each other, if it is apparent that a transport ban will not have any effect on the further service of the soldier's service; § 16 (1) is not applicable. In addition to or instead of the reduction of the retirement pension, it is possible to recognise the reduction of the compensation (§ 38 of the Soldier Supply Act). In addition, only one judicial disciplinary measure may be imposed for the same service. (5) Due to a conduct which applies in accordance with Section 17 (3), Section 23 (2) No. 2 Second Alternative of the Soldatengesetz (Soldatengesetz) as a service pass, the following may be applied to: Soldiers in retirement as well as former soldiers who are considered to be soldiers in retirement will be subject to judicial disciplinary measures only as a reduction in service or deprivation of the pension. (6) Military service courts may also be used in a simple manner. § § § 38 and 39 also apply in court proceedings Disciplinary procedure. Unofficial table of contents

Section 59 Reduction of remuneration

The reduction in remuneration shall consist in the gross reduction of the remuneration in each case by at least one twentieth and not more than one fifth for a period of six months to five years. If the soldier has acquired a pension from an earlier public service contract, the reduction of the remuneration shall not be taken into account in the case of the latter's scheme. Unofficial table of contents

§ 60 Transport ban

(1) During the transport ban, the soldier shall not be given a higher grade of service. It must not be admitted to a higher grade post for the duration of the transport ban. (2) The duration of the ban shall be at least one year and not more than four years. It is to be measured after full months. Unofficial table of contents

Section 61 Herabates in the grade

In the case of a soldier, a retired soldier or a former soldier who is considered to be a retired soldier (Section 1 (3)), the grade of which is listed in two grades, the reduction shall be the lower grade of his or her retirement age. Service level allowed. As a result of the reduction in the grade, the soldier loses all the rights from his previous grade. The right to remuneration and service provision depends on the grade in which it is resigned. Section 62 (3) shall apply accordingly. Unofficial table of contents

§ 62 Service-grade reduction

(1) The grade reduction of one or more grades shall be permitted for officers up to the lowest grade of officers in their careers. This restriction shall also apply to officers who may be subject to disciplinary measures pursuant to Section 58 (2) and (3). In the case of sub-officers who are professional soldiers, as well as in the case of occupational soldiers in retirement, who have a level of sub-officers, the degree of service reduction up to the field webel shall be permitted. In addition, it is not limited. (2) By reducing the service level, the soldier loses all rights from his previous degree of service. It shall return to the grade and, if it is listed in two grades, to the grade determined by the Military Service Tribunal. The claims for remuneration and service delivery are based on the grade and grade in which he resigns. (3) The soldier may not be transported again until three years after the judgment has been legal. Section 60 (1) sentence 2 shall apply accordingly. For special reasons, the Court of First Instance may reduce the time limit in the judgment to two years. (4) (omitted) Unofficial table of contents

Section 63 Distance from service

(1) With the distance from the service relationship, the service ratio is terminated. The removal from the service also entails the loss of the right to remuneration, the promotion of professional services and the provision of services, as well as the loss of the degree of service and of the consequent powers. The obligation to do military service on the basis of compulsory military service shall not be affected by the distance from the service. (2) The soldier removed from the service shall receive a maintenance contribution for the period of six months. of 50 of the hundred of the remuneration to which he is entitled in the event of the invalidity of the decision; a withholding of remuneration in accordance with Section 126 (2) remains unaccounted for. If the soldier is entitled to pensions only for a certain period of time, the maintenance fee may not be granted at most for that period. (3) The grant of the maintenance fee may be completely or partially excluded in the judgment, to the extent that: the convicted person is not worthy of their unworthy or recognizable circumstances in need of them. It may be extended in the judgment beyond the period of six months in so far as this is necessary in order to avoid undue hardship; the convicted person has to make credible the conditions of unreasonable hardship. § 109. (4) In less serious cases, the court may exclude the loss of the degree of service, but may reduce the degree of service without being bound by the restrictions referred to in § 62 (1) sentence 1 to 3 be. Unofficial table of contents

Section 64 Reduction of retirement pension

The reduction of the pension consists in the gross reduction of the monthly retirement pension. Section 59 shall apply mutas to the reduction of the pension. This reduction shall not be taken into account in the application of the rules on the provision of flaw and reduction in accordance with the Soldatenpensions Act. The compensation can be reduced by half. Unofficial table of contents

Section 65 Aberdening of retirement pension

(1) With the withdrawal of the pension, the loss of rights as a soldier in retirement shall enter into force. It presupposes that the distance from the service would be justified if the soldier was still on duty in retirement. The withdrawal of the pension shall also result in the loss of compensation not yet paid and the right to a survivor ' s pension, as well as the loss of the degree of service and of the consequent powers. (2) The soldier whose retirement pension is recognized shall receive a maintenance fee of 70 for the period of six months at the latest, however, until a pension is granted on the basis of the reassurance carried out, but for the maximum period of six months. from the hundred of the retirement pension, which is entitled to it at the time the decision is indisputable; a withholding of the retirement pension pursuant to section 126 (3) shall not be taken into account. Section 63 (3) shall apply accordingly. Unofficial table of contents

Section 66 Aberdening of the degree of service

The dismise of the degree of service shall entail the loss of the degree of service and the resulting powers. It presupposes that the distance from the employment relationship would be justified if the member of the reserve or the former soldier, who is not in charge of the service, who can still be used for services, was still in service. Section 63 (1) sentence 3 shall apply accordingly. Unofficial table of contents

Section 67 Disciplinary measures against former soldiers who are considered to be soldiers in retirement

(1) In the case of former soldiers who are considered to be soldiers in retirement (Section 1 (3)), the reduction of the pension consists in the reduction of the transitional allowance, the transitional allowance, the compensatory salary, the old-age pension under the old-age money act or the Maintenance contribution. In addition to or in place of the reduction in the transitional allowance or compensation, the transitional allowance may be reduced. (2) For the reduction of the transitional allowance, the compensatory amounts, the old-age pension under the old-age money act, or the maintenance contribution shall apply in accordance with Section 59. The transitional allowance may be reduced by half. (3) By the reduction of the service level, the rights arising from an admission or registration certificate shall be extinguishable, provided that the former soldier has not yet been employed in the public service. In addition, the right to professional promotion remains unaffected. (4) With the withdrawal of the pension, the former soldier loses the right to a transitional allowance which has not yet been paid, as well as the right to transitional fees, compensatory pay, Pension contribution, old-age allowance according to the old-age money law and professional support. It shall also lose its degree of service and the powers arising therefrom. Section 63 (4) shall apply accordingly.

2.
Military Service Courts

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Section 68 Determination of the Military Service Courts

The military service courts (§ § 69 to 79) and the Federal Administrative Court (§ 80) are the service courts for judicial disciplinary proceedings against soldiers and for proceedings concerning the complaints of soldiers (military service courts).

a)
Troop Service Courts

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Section 69 Establishment

(1) The Federal Ministry of Defence establishes the troop service courts by means of a decree law and determines their seat and service area according to the factual needs of the administration of justice in the Bundeswehr and on the basis of their structure. (2) In the case of troop service courts, chambers are formed (troop service chambers). The Federal Ministry of Defence may, by means of a legal regulation, form troop service chambers which have their head office outside the seat of the troop service court, if this corresponds to the factual needs of the administration of justice in the Bundeswehr and (3) It may also determine the area of service of the foreign troop service chambers. (3) As a result of a change in the breakdown of the The Federal Armed Forces or in the interest of an orderly administration of justice Judicial organization has changed, the Federal Ministry of Defense may determine by decree law that pending proceedings are transferred to another troop service court or another troop service chamber, if this is to the relevant (4) The troop service courts are part of the division of the Federal Ministry of Defence. (5) Each troop service tribunal shall have a head office, a branch office for each troop service chamber. set up. The main office of the Troop Service Tribunal shall at the same time carry out the duties of the office of a troop service chamber at the seat of the Tribunal. Unofficial table of contents

Section 70 Jurisdiction

(1) The military service tribunal established for the command area to which the troop part or the service of the soldier belongs in the initiation of the judicial disciplinary procedure is responsible. (2) For former soldiers, the The Military Service Tribunal shall be responsible for the military area in which the competent military authority or, in so far as the former soldier is no longer subject to military surveillance, his place of residence. If the former soldier is not domiciled in the scope of this law, the military service court responsible for the seat of the Federal Ministry of Defence is competent. (3) If there is no place of jurisdiction, he is doubtful or disputed or there are in the case of a continuous service of several soldiers, different court cases shall be determined by decision of the Federal Administrative Court at the request of a troop service court or any other authority or service involved in the proceedings competent troop service court. Unofficial table of contents

Section 71 Composition

(1) The military service tribunal shall consist of the President and other judges in the required number. (2) The military service tribunal shall act as honorary judges. (3) Judges may be used by the troop service court. They may not be presided over by the large cast (§ 76). (4) A further judge's office may be transferred to another troop service court to the judge of a troop service court. Unofficial table of contents

Section 72 Presidential constitution

(2) The Presidium shall consist of the President as Chairman and four elected judges. (3) The President shall take over the chairmanship of a Chamber at the seat of the Troop Service Tribunal. (4) The President shall be elected by the President of the Administrative Court. (4) Orders taken by the Bureau may be changed during the financial year if this becomes necessary as a result of a change in the structure of the Bundeswehr. (5) The provisions of the Second Title of the Law of the Court of Justice shall apply accordingly, unless otherwise provided by this law. Unofficial table of contents

Section 73 Service supervision

The President shall exercise the supervision of the judges, officials and workers. Unofficial table of contents

Section 74 Honorary Judges

(1) The honorary judges shall be appointed for a calendar year. (2) The commanders of the troop parts and the heads of the services for which the troop service court is competent shall appoint the troop service court to as much as possible the threefold number of required honorary judges. They shall also designate as much as possible the triple number of required honorary judges from the career of the medical service, who are doctors or dentists. In addition, the constituency replacement offices shall designate the necessary number of members of the reserve. The honorary judges are to be named separately according to service grade groups. Soldiers or former soldiers who, in the current or previous calendar year, are legally convicted in criminal proceedings for deprivation of liberty or in a judicial disciplinary procedure for a judicial disciplinary action , or have been subject to unchallenged disciplinary arrest in the current or previous calendar year, shall not be designated. Furthermore, soldiers or former soldiers whose application for recognition of conscientious objectors have not yet been legally determined shall not be appointed. (3) Two judges appointed by the President shall share the names of the Federal Administrative Court (§ 80), on the troop service chambers. The Chairman of the Force Service Chamber shall, in a public meeting, draw up and separate the required number of honorary judges of the individual service groups and the career of the medical service according to individual service groups. in the order of the draw, in the list of honorary judges of the troop service chamber. A copy of the draw shall be recorded by the official of the office of the office of the office. (4) Soldiers or former soldiers who have been designated in accordance with paragraph 2, sentence 5 or 6, or who, between their nomination and draw, have been appointed to one of the (2) sentence 5 or 6 shall not be taken into account in the draw or shall be removed from the list of honorary judges by the chairman of the troop. The non-consideration or deletion is indisputable. (5) According to the order of the list of honorary judges, the honorary judges are used for the individual sessions. Only for compelling reasons, and only with the consent of the Chairman of the troop service chamber, may be deviated from the order; military service shall only constitute a compelling reason if the exercise is to be carried out by the person concerned. Honorary judges are particularly important. The reason for the deviation and the approval of the chairman shall be to be informed. If the list of honorary judges deviates from the list, the former honorary judge is to be taken to the next meeting. (6) If the appointment of new honorary judges is required, they will only be used for the rest of the calendar year (7) As an honorary judge, it is only to be used who has served at least six months of military service. (8) For the use of representatives in the event of unforeseen prevention of a volunteer judge or in the case of short-term workers. Incarnation of a main trial for the soldier's imminent dismissal may be drawn up by a list of honorary judges who are members of a troop or a department located at or near the headquarters of the troop service chamber. Paragraphs 1 to 7 shall apply accordingly. Unofficial table of contents

Section 75 Occupation

(1) The troop service chamber shall decide in the main negotiation with a judge as chairman and two honorary judges. Outside the main hearing, the chairman shall decide on his own, unless the military service court has to decide under this law. (2) An honorary judge must belong to the soldier's grade of service. In the case of proceedings against medical officers who are doctors or dentists, he shall, if possible, be a doctor or dentist if the procedure relates to medical obligations. The other honorary judge must be a staff officer and stand above the soldier in the grade of service. In proceedings against officers of the colonel or a corresponding rank of rank upwards, the other honorary judge must belong to the group of the generals. (3) The honorary judges shall be the partial force of the soldier, however, not both belong to the same battalion or to the corresponding troop part or the same service. A volunteer judge must not be the disciplinary supervisor of the other honorary judge. In proceedings against former soldiers for conduct which is considered to be a misconduct, a volunteer judge shall be a member of the reserve; he must belong to the rank of service of the former soldier. (4) As far as a troop service chamber Honorary judges pursuant to paragraphs 2 and 3 are not available, soldiers are to be called as honorary judges, who are already on loan as honorary judges of another chamber of the troop service court. In this respect, a special draw takes place; § 74 (3), (5) and (6) shall apply accordingly. The office as an honorary judge at another troop service chamber remains untouched. Unofficial table of contents

Section 76 Great occupation

Prior to the trial of the main hearing, the Chairman of the Force Service Chamber may, by decision, use two other Judges if this is necessary in accordance with the scope or significance of the matter. Unofficial table of contents

Section 77 Exclusion from the exercise of the judge's office

(1) A judge or a honorary judge is excluded from the exercise of the judge's power by law,

1.

in cases where a judge in the criminal proceedings is excluded from the exercise of the judge's office,

2.

if it

a)

is actually involved in the crime itself,

b)

has been involved in a substantive criminal procedure or a fine of a fine against the soldier,

c)

in an earlier appeal proceedings relating to the same case, proceedings for the annulment or modification of a simple disciplinary measure or in proceedings relating to the same case in accordance with Article 40 (4).

(2) An honorary judge shall also be excluded if he

1.

was exercised in the same case as Disciplinary Disciplinary Authority, participated in disciplinary investigations or as a confidant, or acted in the judicial disciplinary proceedings against the soldier,

2.

The soldier's disciplinary board is,

3.

belongs to the battalion or equivalent troop or to the service of the soldier.

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§ 78 Swing honorary judges

(1) In the case of voluntary judges who do not find themselves in time without sufficient excuse or who do not comply with their duties in any other way, a monetary order may be fixed. At the same time, they may be subject to the costs incurred by them. (2) The decision shall be taken by the chairman. Against the setting and the imposition of costs, the honorary judge can request the decision of the troop service court. The application shall be submitted within two weeks of notification of the decision. The Troop Court shall decide definitively. Unofficial table of contents

§ 79 Ruhen and Ererase of the Office as Honorary Judge

(1) An honorary judge who has been subject to a judicial disciplinary procedure or who has been subject to a public action or has been requested to issue a criminal order or who is responsible for the exercise of his or her duties on the grounds of a criminal offence committed by the courts. The service provided for in Article 22 of the Soldatengesetz (Soldatengesetz) is prohibited in the course of these proceedings or the duration of the prohibition for the performance of his duties. An honorary judge who has filed a request for recognition as a conscientious objector can not exercise his office until the final conclusion of the recognition procedure and, if he is recognised, until the dismissal. (2) The Office of a volunteer judge, if

1.

he has been legally sentenced in criminal proceedings to a custodial sentence,

2.

he is convicted in judicial disciplinary proceedings of a judicial disciplinary action or if he is subject to unquestionable disciplinary arrest,

3.

he is no longer a member of a troop or a department for which the troop service court is competent,

4.

it receives the degree of service of another grade of service; or

5.

the military service relationship or the conscription ends.

(3) Where, in the cases referred to in paragraph 2, point 3, the honorary Judge is excreted under the jurisdiction of the troop service court, his office shall be issued at the end of the month after notification of the translation to him, unless he/she shall: has objected to the office's deletion as a honorary judge.

b)
Federal Administrative Court

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§ 80 Military Service, Construction, Composition, Responsibility

(1) For the Federal Administrative Court, the Federal Administrative Court shall form military service senates for cases of military disciplinary matters and military atrocity. § § 4 and 11 (2) to (5) of the administrative court order apply to the court constitution, unless otherwise provided by this law. (2) Only judges can participate in the conscription of the conscripts, which are provided by the Federal Ministry of Justice for this purpose. shall be determined. The provision shall be made in the case of the transfer of the judge's office to the Federal Administrative Court. It may, on a proposal or with the consent of the Presidium of the Federal Administrative Court, also be issued or repealed later. By decision of the Bureau, Judges of other senates may also be appointed to temporary members of a conscription's office if this is unfit for a decision as a result of the prevention of its members or regular representatives. (3) The Military service senates decide in the cast of three judges and two honorary judges, at decisions outside the main treatise in the cast of three judges. § 75 (2) and (3) shall apply. (4) The honorary judges shall be drawn to the troop service chambers by a judge of a military service from the soldiers or former soldiers, prior to the division of the named soldiers or former soldiers, who are designated as honorary judges by the troop service courts. Soldiers who perform military service on the basis of compulsory military service are called to the honorary judge for the time of their basic military service, other soldiers or former soldiers are appointed for two years. § 74 (3) sentence 2 and 3, para. 4 to 8 as well as § § 77 to 79 shall apply analogously.

3.
Defence disciplinary lawyers

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§ 81 Organization and tasks

(1) The Federal Ministry of Defence shall appoint civil servants for the duration of their main office as military disciplinary lawyers for the troop service courts. You must have the qualifications to the judge's office in accordance with the German Judge Act or fulfill the requirements of § 110 sentence 1 of the German Judge Act. (2) The Wehrdisciplinary attorneys represent those of the Federal Minister of Defence subordinated discharge authorities in the judicial disciplinary proceedings. They also represent the Federal Minister of Defence if he is himself a lead agency. They shall be in accordance with the request of the introduction authority. They are responsible for the execution of disciplinary measures which have been imposed in the judicial disciplinary proceedings. (3) The Federal Administrative Court shall appoint a Bundeswehr disciplinary authority; it shall represent the supreme service authority and the other discharge authorities in any state of the proceedings before that court. The Bundeswehr disciplinary authority is subject to the Federal Minister of Defense and is bound only by the instructions of the Federal Minister of Defence. For him and his full-time employees of the higher service, the second sentence applies. The Bundeswehr disciplinary authority is subject to the Bundeswehr disciplinary attorneys. (4) At the request of the Bundeswehr disciplinary authority, the Executive Board has a judicial authority. Disciplinary proceedings shall be initiated if the procedure is likely to identify the distance from the service, the withdrawal of the pension, the disqualification of the degree of service or the reduction of the service level, and the introduction of the the initiation of proceedings, contrary to a proposal by the Defense discipline walts rejected. In response to his request, the Bundeswehr disciplinary authority shall submit the files which may be relevant for the assessment of a service procedure, as well as the personnel files. The second sentence of paragraph 3 and section 98 (1) and (2) shall remain unaffected.

4.
General rules on judicial disciplinary proceedings

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Section 82 Procedure against former soldiers

(1) If a soldier who is retired or otherwise departs from his/her duty of service without loss of service, a judicial disciplinary procedure, the continuation shall be terminated by the termination of the service. (2) A compensation or transitional allowance shall not be paid before a final conclusion of the procedure. At the request of the soldier, the Military Disciplinary Authority may declare it admissible that the compensation or transitional aid shall be paid in whole or in part at an earlier date. The decision of the fortified disciplinary board is to be sent to the soldier. If the Military disciplinary authority rejects the request, the soldier may request the decision of the troop service court within one month of delivery. This is the final decision. If the proceedings are pending before the Federal Administrative Court, the Bundesverwaltungsgericht (Federal Administrative Court) shall be replaced by the Bundeswehr disciplinary authority (Bundeswehr disciplinary authority) and the Federal Administrative Court (Bundesverwaltungsgericht). (3) A former soldier may be present. Disciplinary proceedings are initiated only on account of an offence committed before the termination of the service or on the basis of an act which is deemed to be a misconduct pursuant to Section 23 (2) of the Soldatengesetz (Soldatengesetz). Unofficial table of contents

§ 83 Suspension of the judicial disciplinary procedure

(1) If the public action has been brought against the soldier in the criminal proceedings because of the facts which are the basis of the judicial disciplinary procedure, the judicial disciplinary proceedings shall be suspended first. The proceedings must be continued if the facts of the case are secured or if, for reasons of non-negotiation in criminal proceedings, the person or the conduct of the soldier cannot be negotiated. (2) The judicial disciplinary procedure is (3) The judicial disciplinary procedure may be suspended if it is to be decided in a different legal procedure on a question to be decided on by a court Assessment of the decision in the judicial disciplinary proceedings of essential It is important. The second sentence of paragraph 1 and paragraph 2 shall apply accordingly. (4) The soldier may request the decision of the troop service court against a suspension by the introduction authority. This is the final decision. Unofficial table of contents

Section 84 Binding on actual findings of other decisions

(1) The actual findings of a final judgment in the criminal proceedings or of the fine on which the decision is based shall be the subject of the judicial disciplinary procedure relating to the same subject matter for which the judgment is given. Lead authority, the Military disciplinary authority and the Military Service Tribunal. However, the Military Service Tribunal shall have to take a further examination of such findings, the correctness of which is doubted by its members by a majority of votes, in the case of a simple occupation of the troop service chamber with the Chairman's vote. This is to be expressed on the grounds of judgment. (2) The actual findings made in another legal procedure are not binding, but may not be subject to the judgment in the judicial disciplinary proceedings. re-examination will be based on further examination. Unofficial table of contents

§ 85 Negotiation incapacity of the soldier

(1) The initiation or continuation of a judicial disciplinary procedure shall not prevent the soldier from being able to act or be prevented from exercising his or her rights by his/her absence. (2) On request, the Court of Supervisors shall order, for underage soldiers the family court

1.

in the case of the soldier's inability to negotiate, a carer,

2.

if the soldier is prevented from exercising his rights by being absent, a nurse

as a legal representative for the exercise of the rights of the soldier in the proceedings. The maintainer or caregiver must be a soldier. Section 16 (2) of the Administrative Procedure Act applies accordingly. Unofficial table of contents

Section 86 Witnesses and experts

(1) The sworn-in of witnesses and experts shall be admissible only if it is necessary to secure proof of evidence or to take account of the meaning of the statement or as a means of achieving a true statement. (2) By means of mutual legal assistance in addition to the military service courts in the country, only the local courts may be requested to hear witnesses and experts in the event. A request addressed to the troop service court shall be executed by a judge. Unofficial table of contents

Section 87 Inadmissibility of the arrest

The soldier cannot be arrested in the judicial disciplinary proceedings. Unofficial table of contents

Section 88 Opinion on the mental state

The troop service court may, after hearing an expert and the defender, prepare the soldier for the preparation of an expert opinion on his mental condition to a public psychiatric hospital or to a Bundeswehr hospital. Evidence of observation. The soldier, who has no defender, is a defender to order. The stay in the public psychiatric hospital or the Bundeswehrkrankenhaus may not exceed six weeks. Unofficial table of contents

§ 89 Charges

Soldiers shall be subject to the main trial and to other interrogations, even if they are witnesses or experts. During the announcement of the appointment, the soldier is to hand out the cargo. Former soldiers and other people are directly charged. Unofficial table of contents

Section 90 Defense

(1) The soldier may use himself in any position of the proceedings of the defender of a defender. The chairman of the military service chamber shall appoint the soldier who has not yet chosen a defender, either on request or on his own account, for a defender, if the participation of a defender appears to be necessary. If the soldier is unable to act, is prevented from exercising his or her rights by absence or minor, he is in any case a defender to order. (2) Defenders in front of the troop service court may be lawyers and other persons, which have the competence to judge according to the German Judge Act, or which fulfil the requirements of § 110 sentence 1 of the German Judge Act, as well as soldiers. As a defender before the Federal Administrative Court, only persons who have the competence to judge under the German Judge Act or who fulfil the requirements of § 110 sentence 1 of the German Judge Act are admitted. (3) Defenders have the right to inspect the files, to the same extent as the soldier. Unofficial table of contents

Section 91 Supplementary provisions

(1) In order to supplement the provisions of this law relating to judicial disciplinary proceedings, the provisions of the Law of the Judicial Constitution, in particular on the seat police, court language, consultation and voting, and the provisions of the The Code of Criminal Procedure as well as § 55a of the Administrative Court Rules shall apply, unless the peculiar nature of the judicial disciplinary proceedings is contrary. The period of one week shall be replaced by a period of two weeks in the case of the time limits laid down in these laws. The provisions of the Seventeenth Title of the Constitutional Law are to be applied in accordance with the conditions laid down by the Bundesgerichtshof (Federal Court of Justice) to the Federal Administrative Court (Bundesverwaltungsgericht) and to replace the Federal Court of Justice. The Code of Civil Procedure is the administrative court order; however, they are not applicable to the proceedings of the Wehrdisciplinary board before submitting the accusation publication to the military service tribunal. (2) The military service courts decide with a simple Majority of votes.

5.
Initiation of proceedings

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Section 92 Pre-investigations

(1) In order to prepare its resolution on the initiation of a judicial disciplinary procedure, the lead authority may ask the forendisciplinary authority to carry out preliminary investigations. If the Military disciplinary authority is aware of the facts which await the imposition of a judicial disciplinary measure, it shall, without prejudice to the first sentence, adopt preliminary investigations and shall take the decision of the introduction authority. (2) the preliminary investigations shall apply in accordance with § 97. (3) If the discharge authority, after the completion of the preliminary investigations, looks at the initiation of a judicial disciplinary procedure, it shall disclose this decision to the soldier if he has previously been heard . Similarly, if there is a misconduct and a disciplinary authority has already imposed a disciplinary action on the conduct of such conduct, it should be noted that the case has been taken. If, in the event of a service failure, a simple disciplinary measure must no longer be imposed, because the imposition preclude a prohibition in accordance with Section 16 (1) or § 17 (2) or because it is a former soldier, the The introduction of a service pass. This shall also apply if the disciplinary authority has previously denied a misconduct and his decision has been announced to the soldier. The decision shall be justified and shall be notified to the soldier. In all other cases, the disciplinary officer shall be responsible for the disciplinary execution. (4) The soldier may request the decision of the troop service court against the determination of a service. Section 42 (5), second sentence, and No 12 shall apply accordingly. The application shall be submitted within one month of notification of the decision. The Troop Service Court shall decide whether or not a misdeed is available and, if so, whether or not there have been any deplorable comments. The decision shall be notified to the soldier and shall be notified to the introduction authority. Unofficial table of contents

Section 93 Introduction of the introduction

(1) The judicial disciplinary procedure shall be initiated by the written authority of the initiating authority. The soldier must be heard before. The introduction shall take effect on the service to the soldier. (2) If a military flight accident investigation is carried out, the initiation authority shall be responsible for the disciplinary execution of the related misconduct, to the extent that such investigation it does not leave it to the otherwise competent disciplinary supervisor. (3) If an accident procedure is carried out, the discharge authority responsible for the disciplinary execution of the related misconduct shall be the competent authority responsible for the proceedings in the Havarie procedure. Decision. It may also initiate a judicial disciplinary procedure, unless a higher supervisor has been appointed to the authority. Unofficial table of contents

Section 94 Executive authorities

(1) The discharge authority shall be:

1.

for officers from the rank of a colonel and a corresponding degree of service upwards the Federal Minister of Defence; he may delegate his powers to subordinate authorities of the defence, but in individual cases they may return to him;

2.

for other soldiers of the Division's commander, a higher superior or superior in a corresponding or comparable service;

3.

for soldiers who do not have the responsibility of the lead authorities referred to in paragraph 1 or 2, and for former soldiers of the Federal Ministers of Defence, or the service designated by him.

§ 93 (3) remains unaffected. (2) The Federal Minister of Defence determines which superiors within the meaning of paragraph 1 (2) are in an appropriate or comparable service position. (3) The lead authority responsible for the soldier shall be responsible for the purpose of the The time of the introduction is subject. The responsibility of the issuing authority shall not be affected by a commander or leave of absence of the soldier. (4) If there is no doubt or dispute which authority is competent, the Federal Minister of Defence shall determine the competent authority. (5) If there is a link between the mismanagement of several soldiers who are subject to different lead-in authorities, the joint higher discharge authority may determine the competent discharge authority. Unofficial table of contents

Section 95 Request of the soldier to initiate proceedings

(1) Anyone who may be subject to a judicial disciplinary measure may apply for the initiation of a judicial disciplinary procedure in order to purify itself from the suspicion of a service. The discharge authority shall clarify the facts and determine whether the soldier has committed an offence. If the discharge authority rejects the introduction, it shall give reasons for this decision and shall deliver it to the soldier. In this case, it is responsible for the disciplinary execution. (2) If the introduction authority has imposed a simple disciplinary measure or has determined a misconduct, but does not impose a disciplinary measure, § 92 (4) applies. (3) These provisions shall not apply to proceedings pursuant to Section 144 of this Act in conjunction with Section 88 of the Soldatengesetz (Soldatengesetz). Unofficial table of contents

Section 96 Supplements of the Judicial Disciplinary Proceedings

(1) If the discharge authority considers a disciplinary measure to be necessary, it may also initiate the judicial disciplinary procedure if a disciplinary supervisor has already imposed a disciplinary action on the matter or if a disciplinary action has been taken Disciplinary action was not considered admissible or appropriate and his decision was announced to the soldier. This shall not apply if the conscription court has ruled on a complaint or in the case of section 40 (4). (2) If the judicial disciplinary procedure leads to the imposition of a judicial disciplinary measure or the soldier is acquitted, so lifts the conscription court, in its judgment, the disciplinary action; otherwise, the proceedings will be terminated. § 54 shall apply accordingly, unless an enforced disciplinary arrest, which is repealed, has been credited in an appropriate criminal proceeding or a fine.

6.
Investigations of the fortified disciplinary board

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Section 97 Investigation principles

(1) The Wehrdisciplinary authority must determine the incriminating, relieving and the circumstances which are important for the nature and extent of the disciplinary action. (2) As soon as it is possible without endangering the purpose of the investigation, the soldier shall be given the opportunity to: to submit comments. Before the start of the first hearing, he is to be opened up to him which breaches of duty are to be charged to him. At the same time, he must point out that he is free to comment on the matter or not to testify. In appropriate cases, the soldier shall also be informed that he may express his views in writing. In the first charge, the soldier is to be lecturing that he can ask a defender at any time, even before the first questioning. The testimonist must be given a copy of which a copy must be handed out to the soldier on request. (3) After the conclusion of the investigation, the soldier is to announce the essential result; he is to be heard finally. The soldier can apply for further investigation. The Military disciplinary authority decides whether the application is to be accepted. In the final interrogation and the necessary further interrogations of the soldier, the defender is allowed to be present.

7.
Procedures up to the main negotiation

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§ 98 Setting

(1) The injunction authority shall cease the judicial disciplinary procedure if:

1.

there is a hindrance to the proceedings,

2.

a judicial disciplinary measure is not admissible;

3.

only the reduction of the remuneration or the reduction of the retirement pension is to be expected, but these disciplinary measures may not be imposed in accordance with § 16, or

4.

a service is not available or has not been proven.

(2) The discharge authority may discontinue the judicial disciplinary procedure if it considers this to be appropriate on the basis of the outcome of the investigation or for other reasons. In this case, it is responsible for the disciplinary execution; this does not apply in the case of § 96. (3) The recruitment decree must be justified and the soldier must be granted. If, in the case referred to in the second sentence of paragraph 2, the introduction authority establishes a simple disciplinary measure or establishes a misconduct and the imposition of a disciplinary measure, it shall, at the same time, have that decision with the Recruitment decree shall be notified; Section 92 (4) shall apply accordingly. Unofficial table of contents

Section 99 Accusation

(1) If the injunction authority does not establish the judicial disciplinary procedure, the Military disciplinary authority shall submit an accusation document containing the files to the Military Service Tribunal. The accusation document is intended to represent the facts in which a service pass is seen and the evidence ordered. It may only exploit these facts for the benefit of the soldier in so far as it has been given the opportunity to express his views on this matter. With the receipt of the accusation note, the proceedings are pending at the troop service court. (2) The Chairman of the Military disciplinary authority shall inform the Military disciplinary authority that new breaches of duty should be made to the subject of the hearing. Troop Service Chamber the procedure until after completion of the investigation the military disciplinary authority submits a supplement to the accusation document or requests the continuation of the proceedings. (3) The accusation shall be used in the case of facts to which the the soldier has not previously been able to express himself or is suffering from the Procedures initiated by way of other procedural shortcomings, the Chairman of the Force Service Chamber may ask the Military Disciplinary Authority to remedy the deficiencies. Paragraph 2 shall apply mutatily. Unofficial table of contents

Section 100 Delivery of the accusation note

The chairman of the troop service chamber shall provide the soldier with a copy of the accusation address and the supplements (section 99 (2)) and shall determine a time limit within which the soldier may submit his comments in writing. In this connection, the soldier shall be informed of his right to request the appointment of a defender pursuant to § 90 (1) sentence 2. Unofficial table of contents

Section 101 Call to the troop service court

(1) If the accusation address is not delivered to the soldier within six months of the date of delivery of the remission, he may request the decision of the troop service court. The Military Service Tribunal shall have the opportunity of giving the Military disciplinary authority an opportunity to comment on the application within two weeks. (2) If the Court of First Instance finds an unreasonable delay, it shall determine a period in which either the credit note shall be submitted or the proceedings shall be stopped. Otherwise, it shall reject the application. The decision shall be sent to the soldier and to the military disciplinary authority. The decision shall be final. (3) The period referred to in the first sentence of paragraph 1 shall be suspended for as long as the proceedings are suspended in accordance with Section 83. Unofficial table of contents

Section 102 Disciplinary Proceedings

(1) The Chairman may be held responsible for disciplinary proceedings.

1.

impose the necessary disciplinary action if no higher disciplinary action is deemed to be a prohibition of carriage or a ban on carriage by means of a reduction in remuneration or a reduction in the pension,

2.

on acquittals, or

3.

If this is necessary for the reasons of section 98 (1) (1) to (3), the procedure shall be set.

A disciplinary court notice may be issued only if the case does not have any particular difficulties of an actual or legal nature and if the Wehrdisciplinary authority with the consent of the introduction authority and the Bundeswehr disciplinary authority and the soldier does not object to the imposition of a particular disciplinary measure, the acquittary or the cessation without the main hearing. (2) The disciplinary court decision shall be taken by decision and shall be justified. With his delivery to the soldier, he is equal to a final judgment. Unofficial table of contents

§ 103 Charge to the main negotiation, charge period

(1) After the expiry of the period of § 100, the chairman shall set the date for the main hearing and invite the military disciplinary authority, the soldier and his defense attorney to do so. He shall also invite the witnesses and experts whose appearance he deems necessary; their names shall be stated in the charges of the fortified disciplinary forceof the soldier and his defender. (2) Between the delivery or the announcement of the summons and the main negotiation must be a period of at least one week if the soldier fails to comply with the deadline. ; it shall be waived if the soldier has admitted to the main hearing, without beating that the time limit has not been met.

8.
Main negotiation

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Section 104 Participation of the soldier in the main trial

(1) The main negotiation shall also take place without the presence of the soldier,

1.

if the soldier has been released on his request from the obligation to appear in the main hearing;

2.

if the status of the soldier is not executable or is not appropriate, because his stay is unknown or because he is outside the scope of this law;

3.

if the former soldier is properly summoned to the date and pointed out in the summons that he can be negotiated in his absence;

4.

if the soldier is represented by a carer or caregiver according to § 85.

(2) In the cases referred to in paragraph 1, the soldier may be represented by a defender. (3) In the case of a former soldier, the chairman may order the personal appearance. If the former soldier is temporarily unable to act or is prevented from appearing for compelling reasons, there will be no main negotiation as long as these obstacles exist. Unofficial table of contents

Section 105 Principle of non-public opinion

(1) The main negotiation is not public. The presence of disciplinary officers and their representatives shall be permitted. The chairman of the troop service chamber may allow other persons who have a legitimate personal or service interest in the subject matter of the trial. (2) At the request of the soldier, the public is to be established. § § 171a to 174, 175 (1) and 3 of the Law on Judith Law shall apply accordingly. The court may, for the main hearing or a part thereof, exclude the public even if this is imperative for the protection of the Bundeswehr or its facilities. Unofficial table of contents

Section 106 Taking of evidence

(1) In order to investigate the truth, the Court of First Instance has to extend the taking of evidence on its own account to all facts and evidence which are relevant to the decision. (2) In the main trial, transcripts of evidence of evidence may be obtained from the Court of First Instance. a judicial procedure by means of reading on the subject of the main hearing. It is not necessary to repeat the testimony of persons whose testimony is contained in a judicial transcript. Sentences 1 and 2 apply only if the main hearing takes place without the presence of the soldier in the case of the court disciplinary proceedings. In this case, all the minutes from the judicial disciplinary proceedings, the preliminary investigations and the investigation of the disciplinary supervisor may be read. Article 251 of the Code of Criminal Procedure remains unaffected by the rest. In so far as the personnel records of the soldier contain facts which can be significant for the overall assessment, they are to be presented. (3) If the soldier is negotiating without the presence of the soldier, the chairman shall contribute to the commencement of the main hearing in Absence of witnesses as a result of the previous procedure. In the case of the large cast, he may appoint another judge to report. (4) Witnesses and experts shall be heard unless the soldier and the military disciplinary authority renounce the questioning or the Troop Service Tribunal declared them insignificant. The essential content of the testimonies of witnesses and experts shall be included in the minutes of the main hearing. Unofficial table of contents

Section 107 Subject of the judgment

(1) The subject matter of the judgment may only be subject to the breaches of duty, which are to be charged to the soldier as a duty of service in the letter of accusation and its night councils. (2) After hearing the forensive-disciplinary law, the Troop Service Tribunal shall exclude such breaches of duty from the judicial disciplinary proceedings, which do not or are not likely to weigh in the nature and amount of the expected disciplinary action. The excluded breaches of duty cannot be re-included in the judicial disciplinary procedure, unless the conditions for the restriction are subsequently eliminated. A prosecution of the excluded breaches of duty is no longer admissible after the indisputable conclusion of the judicial disciplinary procedure. (3) The judgment may also be based on the evidence which, according to § 106 (2), is based on the evidence of the German law. The subject of the main negotiation. Unofficial table of contents

Section 108 Decision of the troop service court

(1) The judgment may only be a disciplinary measure, an acquitted or a cessation of the proceedings. (2) An acquitted is to be recognized if a misconduct is not available or is not proven. (3) The procedure shall be dismissed if: there is a procedural obstacle, a disciplinary measure is not admissible or may not be imposed in accordance with § 16. The court may discontinue the proceedings with the consent of the fortified disciplinary board if it proves to be a misconduct, but does not deem a disciplinary measure appropriate. (4) If a procedural obstacle exists, the chairman of the The troop service chamber shall set the procedure outside the main negotiation by decision. Unofficial table of contents

Section 109 Payment of the maintenance fee

(1) The payment of a maintenance fee pursuant to § 63 (2) or § 65 (2) shall begin, unless otherwise specified in the judgment, at the time of the loss of the remuneration or pensions. (2) The payment of the maintenance fee pursuant to section 65 (2) of the German law shall be subject to the recovery if a pension is granted for the same period as a result of the post-insurance scheme. In order to secure the claim for reclaim, the convicted person has to make a corresponding declaration of assignment. (3) In the judgment, the court can determine that the maintenance fee is paid in whole or in part to persons whose maintenance is the subject of the In accordance with the legal force of the judgment, this may be determined by the Federal Ministry of Defence. (4) The subsisting fee shall be subject to the income of the acquisition and purchase of employment within the meaning of Article 18a (2) and (3) sentence 1 and 2 of the Fourth Book of the Social Code. The convicted is obliged to indicate to the body responsible for the payment of the maintenance fee all changes in his conditions 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 is taken by the Federal Ministry of Defence. (5) The Federal Ministry of Defence may delegate the powers referred to in paragraph 3 (2) and (4) sentence 4 to other authorities in its business unit. (6) The right to Maintenance contribution shall be made if the convicted person is re-appointed to the soldier or is otherwise appointed to a public service or employment relationship. Unofficial table of contents

§ 110 Maintenance of assistance for the detection of criminal offences

(1) In the case of removal from the service relationship, the Federal Ministry of Defence may grant the former professional soldier who has failed to comply with the prohibition of accepting rewards or gifts (§ 19 of the Soldatengesetz) for monthly maintenance, if he has disclosed his knowledge of facts, the knowledge of which has contributed to the prevention of criminal offences, in particular in accordance with § § 331 to 335 of the Criminal Code, or beyond his own contribution to educate. The supplementary insurance is to be carried out. (2) The maintenance benefit is a percentage of the entitlement resulting from the reinsurance to an old-age pension or a corresponding benefit from the occupational pension scheme with the the following measures shall be established:

1.

maintenance must not exceed the amount of the pension entitlement from the post-insurance scheme,

2.

Maintenance and pension rights from the supplementary insurance may not exceed the amount that would result as a retirement pension in accordance with § 26 (1) of the SoldatenSupply Act.

It will be paid if the former professional soldier is 65. It has completed a life year or receives a pension due to the incapacity of the statutory pension insurance or a corresponding benefit from the occupational pension scheme. The maximum limits laid down in the first sentence shall also apply to the period of payment of maintenance; to the place where the pension is paid out of the reassurance, the pro rata pension shall be replaced. (3) The entitlement to the maintenance shall be granted upon renewal of the pension in the public service and in cases which, in the case of a professional soldier in retirement, would result in the erasure of pensions in accordance with Section 53 of the Soldatengesetz (Soldatengesetz). The surviving spouse or life partner receives 55 from the hundred of the maintenance benefit if, at the time of removal from the service, the marriage or life partnership had already passed. Unofficial table of contents

Section 111 Signature of the judgment, delivery

(1) The Reasoned Judgment of the Military Service Chamber is to be signed by the Chairman, in the case of the major occupation, also by the two other Judges. (2) The Soldiers and the Military Disciplinary Authority shall be issued with a copy of the judgment with To set up.

9.
Court application procedure

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Section 112 Application

A request for a court decision provided for under the third section of this law shall be made in writing or in the minutes of the Office of the Military Service Tribunal. Soldiers may also submit the application in writing or orally to their next disciplinary supervisor or in the cases of § 5 (2) and § 11 (b) of the Order of Military Complaint to the superiors designated there; will he oral , a copy must be recorded, which must be signed by the supervisor and the soldier shall sign. A copy shall be handed out to the soldier on request from the minutes or the minutes. Unofficial table of contents

Section 113 Procedure

In judicial application proceedings, the Military Service Tribunal may collect evidence and order oral proceedings. It shall decide by decision.

10.
Legal remedies

a)
Appeal against judicial decisions

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Section 114 Provisions applicable to the appeal proceedings

(1) The appeal to the Federal Administrative Court shall be admissible against decisions of the troop service court and against judicial orders, unless the law expressly determines otherwise. Decisions which precede the precipitation of the judgment shall be subject to the appeal only if they are to be admitted to a public psychiatric hospital or to a Bundeswehr hospital, a seizure or search, a criminal sentence or a third person. (2) The appeal shall be filed within one month of the notification of the decision to the troop service court. The notice of appeal shall also be maintained if the complaint is lodged with the Federal Administrative Court during the course of its running. § 112 shall apply accordingly. The complaint against the referral to a public psychiatric hospital or to a Bundeswehr hospital has suspensive effect. (3) If the chairman of the troop service chamber considers a remedy to be appropriate, the troop service court may of the complaint. Otherwise, the Federal Administrative Court shall decide by decision. (4) If the appeal is filed late, the chairman of the troop service chamber shall be dismissed by a decision as inadmissible. The decision shall be notified.

b)
Appeal

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§ 115 Admissibility and deadline of appeal

(1) The appeal to the Federal Administrative Court shall be admissible against the judgment of the troop service court until the end of one month after its notification. If, for official reasons, the soldier is abroad, the chairman of the troop service chamber may extend the period of appeal by means of an order to be delivered at the same time as the judgment is delivered. (2) Is in the case of the soldier The decision under appeal may be amended only if the Bundeswehr disciplinary authority requests this until the conclusion of the main hearing. Unofficial table of contents

Section 116 Filing and reasoning of appeal

(1) The appeal shall be filed with the troop service court. The appeal period shall also be maintained if the appeal is lodged with the Federal Administrative Court during the course of their running. § 112 applies accordingly. (2) The appeal shall be the subject of the judgment under appeal and indicate the extent to which it will be challenged and what changes will be requested. The applications shall be justified. Unofficial table of contents

Section 117 Inadmissible appeal

The chairman of the troop service chamber shall dismiss the appeal by decision as inadmissible if it is not admissible or not in the legal form or time limit. The decision shall be notified. Unofficial table of contents

Section 118 Delivery of appeal

If the appeal is not rejected as inadmissible, a copy of the appeal shall be sent to the Military Disciplinary Authority or, if he has lodged an appeal, to the soldier. Unofficial table of contents

Section 119 File transfer to the Federal Administrative Court

If the appeal has not been rejected as inadmissible, the files are to be sent to the military disciplinary authority after the expiry of the period of § 115 (1). It shall immediately submit the files to the Bundeswehr disciplinary authority, which shall forward it to the Federal Administrative Court. Unofficial table of contents

Section 120 Decision of the Court of Appeal

(1) The Federal Administrative Court may by decision

1.

to dismiss the appeal as inadmissible on the grounds of Section 117;

2.

remove the judgment of the troop service court and refer the matter back to another chamber of the same or another troop service court for further negotiation and decision if it considers further reconnactions to be necessary or if have serious shortcomings in the procedure.

(2) Before the decision is taken in the cases referred to in paragraph 1, when the soldier has appealed, the military disciplinary authority and, if that appeal has been lodged, the soldier shall be given the opportunity to submit his observations. (3) The decision shall be justified and to the soldier and to the military disciplinary authority. Unofficial table of contents

Section 121 Judgment of the Court of Appeal

(1) Insofar as the Federal Administrative Court considers the appeal admissible and well founded, it has to lift the judgment of the troop service court and to decide in the case itself. (2) Does the Federal Administrative Court hold further reconnactions for , or if there are serious deficiencies in the proceedings, it may remove the judgment of the troop service court and the case to another chamber of the same or another troop service court for further negotiation and decision back. Unofficial table of contents

Section 121a remedial action in the event of violation of the right to be heard

If, in the case of an appeal decision, the Federal Administrative Court has infringed the right of a party to the hearing in a decisive manner, it shall, if the party concerned is still complained, move from office to office or on request shall, in so far as the proceedings have been taken by decision, return them to the situation prior to the adoption of the decision. The application shall be submitted to the Court of Appeal in writing or to the minutes of the office within two weeks of the date of notification of the decision, and shall be justified. Unofficial table of contents

Section 122 Binding of the troop service court

If the case is referred back to a troop service court, it is bound by the legal judgment, which is the basis of the decision of the Federal Administrative Court. Unofficial table of contents

Section 123 procedural principles

In proceedings before the Federal Administrative Court, transcripts of the testimonies of witnesses and experts who have been heard in the main hearing of the first legal suit may be read in the course of reporting and taking evidence. Repeated charges and interrogations of these witnesses and experts can be prevented if they are not necessary for the study of the truth. Moreover, the provisions relating to the proceedings before the military service Tribunal shall apply mutafictily. Unofficial table of contents

Section 124 Failure of the soldier

Except in the cases of Section 104 (1), the main appeal hearing shall also take place without the soldier, if he has been duly summoned and pointed out in the summons to the fact that he/she can be negotiated in his absence.

c)
Legal force

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Section 125 Legal force of judicial decisions

(1) The decisions of the troop service court shall become legally binding upon expiry of the appeal period if no appeal is filed. If an appeal is waived or an appeal is withdrawn, the date in which the declaration of waiver or withdrawal shall be granted to the Military Service Tribunal shall prevail. (2) Decisions of the Military Service Tribunal, which shall be subject to legal remedies. (3) The decisions of the Federal Administrative Court will become final with the service, its verdicts with the delivery.

11.
Provisional dismissal, withholding of remuneration

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§ 126 Admissibility, Effectiveness, Legal remedies

(1) The discharge authority may provisionally contain a soldier of the service if the judicial disciplinary proceedings have been initiated or have been initiated against him. The provisional dismissal of the service may involve the prohibition of wearing uniform. (2) The introduction authority may, at the same time, with the preliminary dismissal of the service or later, order the soldier to have a part, not more than half of the shall be withheld in respect of their respective remuneration if the judicial disciplinary proceedings are likely to have been removed from the service or superstitions of the pension. If the soldier retires during the judicial disciplinary procedure, the introduction authority shall lift its order on the withholding of the remuneration; at the same time, it may order that part of the retirement pension be retained. (3) In the case of an earlier soldier, the introduction authority may, at the same time, arrange for the initiation of the judicial disciplinary procedure or, subsequently, order that a part, not more than 30, be withheld from the 100% of the pension. (4) The disposition of the The issuing authority shall be notified of the orders made to the soldier. The order for the provisional dismissal shall take effect with the service to the soldier, the arrangement of the withholding of the remuneration and of the retirement pension with the next due date following the service. (5) The discharge authority , an order taken pursuant to paragraphs 1 to 4 may be cancelled at any time on request or on its own account. The decision shall be sent to the soldier. If the discharge authority rejects a request for annulment, the soldier may request the decision of the troop service court within one month of service. If the proceedings are pending before the Federal Administrative Court, this court takes the place of the troop service court. (6) With the final conclusion of the proceedings, the orders expire by force of law. Unofficial table of contents

Section 127 Decay and repayment of amounts withheld

(1) The amounts withheld pursuant to § 126 shall lapse if:

1.

in judicial disciplinary proceedings at a distance from the employment relationship or upon withdrawal of the retirement pension or

2.

in a criminal proceedings initiated on the same facts, to a penalty which causes the loss of rights as a professional soldier or soldier on a temporary basis or the loss of rights to care, or

3.

the judicial disciplinary procedure has been terminated because the soldier has otherwise lost his degree of service and his other rights from the service relationship, and the lead authority or, in accordance with legal action, the military service court noted that the distance from the service relationship or the withdrawal of the retirement pension would have been justified, or

4.

the judicial disciplinary procedure has been terminated on account of a procedural defect and a new procedure for removal from the employment relationship initiated within three months of the cessation of the same service; or has led to the withdrawal of the retirement pension, or

5.

is recognized in a judicial disciplinary procedure under the conditions of § 66 for disqualification of the degree of service.

(2) The amounts withheld shall be repaid if the judicial disciplinary proceedings have been concluded in a different manner in a legally binding manner or by the issuing authority or by the Military Service Tribunal in the case of paragraph 1 (3) without the to be established there. The costs of the judicial disciplinary proceedings, in so far as the convicted person has to bear them, and any disciplinary measures imposed on him may be deducted from the amounts to be paid. (3) The amounts to be repaid pursuant to paragraph 2 shall be: To be counted as income from an activity subject to authorisation during the provisional dismissal (Section 20 of the Soldatengesetz) if a service pass or an act which is considered to be a misconduct has been proven. The soldier shall be obliged to provide information on the amount of such income. (4) The identification of the introduction authority referred to in paragraph 1 (3) and the decision of the managing authority referred to in paragraph 3 shall be sent to the soldier. He may request the decision of the troop service court within one month of delivery. This is the final decision.

12.
Application procedure before the conscription court in the case of subsequent punishment of criminal justice

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§ 128 Conditions and jurisdiction

(1) Where a simple disciplinary measure, a reduction in the remuneration or a reduction in the retirement pension has been legally imposed in the judicial disciplinary proceedings and is subsequently brought into effect by a court or an authority on the basis of the same facts If a sentence or disciplinary measure is imposed, or if a case can no longer be pursued as a offence pursuant to Section 153a (1) sentence 5 or 2 sentence 2 of the Code of Criminal Procedure, the disciplinary measure shall be applied to Request of the soldier to be lifted if their imposition after the conclusion of the Criminal proceedings or the fine procedure against Article 16 (1) would be infringed. The annulment of any of the disciplinary measures referred to in § 16 (1) no. 2 shall be suspended if the conditions for an additional disciplinary punishment have been established at the time of their imposition. (2) An indisputably imposed disciplinary arrest shall be waived if and to the extent that, together with a deprivation of liberty which has been subsequently imposed on the same facts, it exceeds three weeks. (3) The annulment shall be excluded if the disciplinary action in the criminal proceedings or (4) On the application for Waiver shall be decided by the court which has imposed the disciplinary action. In the case referred to in paragraph 1, section 45 (3) shall apply accordingly.

13.
Resumption of the judicial disciplinary procedure

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Section 129 Readmission Reasons

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

1.

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

2.

the facts or evidence which are significant and new;

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 judicial disciplinary proceedings, has been annulled by another judgment which has been passed by law,

5.

in the case of the judgment, a judge or honorary judge who has been guilty of the criminal offence of an official duty of duty in this case,

6.

in the case of the judgment, a judge or honorary judge who was excluded from the exercise of the judge's law by law, unless the grounds for the statutory exclusion had already been invoked without success, or

7.

the convicted person subsequently credibly admitted a misconduct which could not be determined in the judicial disciplinary procedure concluded by the final judgment.

(2) For the purposes of paragraph 1 (2), the facts and evidence, if they are appropriate, alone or in combination with the findings of the earlier findings, shall constitute a different decision to justify the objective of the resumption of judicial proceedings. 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 legal force of the judgment has entered into force, a final judgment is given in a criminal or penal procedure initiated on the basis of the same facts, on the basis of actual findings issued by the court of law, the actual findings of the judgment in the judicial disciplinary proceedings on which it is based shall be deemed to constitute new facts within the meaning of paragraph 1 (1) of the judgment in the criminal or fine-fine proceedings. 2. (3) In the cases referred to in paragraph 1 (3) and (5), the resumption of judicial proceedings shall be Disciplinary proceedings shall be admissible only if a final conviction has taken place on the grounds of the alleged act, or if a criminal trial is not initiated or not carried out for reasons other than because of lack of evidence can be. Unofficial table of contents

Section 130 Inadmissibility of resumption

(1) The resumption of the judicial 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 that judgment has not been finally annulled; or

2.

a judgment has been given in the criminal proceedings by which the convicted person has lost or would have lost his legal status as a professional soldier or soldier on a temporary basis or his entitlement to supply if he or she was still in the service or if he/she has been .

(2) The resumption of the judicial disciplinary proceedings in favour of the convicted person shall also be inadmissible if three years have passed since the legal force of the judgment entered into force. Unofficial table of contents

Section 131 Request, deadline, procedure

(1) A request for the resumption of the judicial disciplinary procedure is required. Eligible to apply

1.

the convicted person and his legal representative, after his death his spouse or life partner, his relatives ascending and descending, and his siblings,

2.

the Military Disciplinary Authority at the request of the introduction authority. If the discharge authority no longer exists, the Federal Minister of Defence shall designate the service authority exercising its powers,

3.

the Bundeswehr disciplinary authority on the order of the Federal Minister of Defence, if a decision of the Federal Administrative Court is challenged.

(2) The application must be submitted in writing or in writing to the Office of the Office of Military Service within three months of the Military Service Tribunal whose decision is being appealed. § 112 shall apply accordingly. 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 shall indicate the extent to which it is contested and the amendments requested and the reasons for the application of the evidence. (3) The further procedure shall apply to the application of the contested decision. Rules on the judicial disciplinary proceedings before the military service court and the Federal Administrative Court accordingly. Unofficial table of contents

Section 132 Decision by decision

(1) The Military Service Tribunal may reject the application, even after the opening of the oral proceedings, by a decision if it does not consider the legal requirements for its admission to be granted or considers it to be manifestly unfounded. (2) The Prior to the opening of the oral proceedings with the consent of the Wehrdisciplinary and the Bundeswehr disciplinary proceedings, the Military Service Tribunal may, by decision, cancel the judgment under appeal or cease the judicial disciplinary proceedings. 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 133 Oral proceedings, decision by judgment

(1) The Military Service Tribunal shall decide, if the retrial is not concluded in any other way, on the basis of oral proceedings by judgment. (2) Appeal is admissible against the judgment of the troop service court. Unofficial table of contents

Section 134 Legal effects, compensation

(1) Where, in a retrial, the judgment under appeal is annulled in favour of the convicted person, the convicted person shall be given the legal status which he would have received from the entry of the legal force of the annulled judgment, if the repeal of the judgment has been raised. Judgment of the decision taken in the retrial. In the case of the annulled judgment upon removal from the service relationship or upon withdrawal of the pension, Section 52 of the Soldatengesetz (Soldatengesetz) shall apply. (2) The convicted person and the persons to whom he is subject to law shall be deemed to have been subject to the law. in the case referred to in paragraph 1, in addition to the references to be subsequently granted hereafter, in appropriate application of the law relating to compensation for law enforcement measures of 8 March 1971 (BGBl. 157), as amended, require the replacement of any other damage from the Federal Government. The claim is to be asserted within three months after the final conclusion of the retrial in the lead authority competent pursuant to § 131 (1) no. 2. The decision shall be notified to the applicant. If the issuing authority rejects the claim, the provisions on the legal route for claims arising from the military service relationship shall apply mutas to its follow-up.

14.
Enforcement of disciplinary measures

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Section 135 Execution of enforcement

(1) In order to enforce simple disciplinary measures, the Military Disciplinary Authority shall request the next Disciplinary Board of the soldier, in the case of Section 48 (1) sentence 3, another service. (2) Enforcement of the reduction of the remuneration shall, as a general rule, begin with the month following the entry of the legal force of the judgment. If the service ends before or after the judgment of the judgment and the soldier is entitled to a service provision, the current pensions calculated from the unshortened remuneration shall be paid during the period of the reduction of the Remuneration in the same proportion as the remuneration. If the soldier has no entitlement to current pensions, but is entitled to transitional allowance, it shall be reduced by the amount by which the transitional fees would have been reduced if the soldier during the reduction in the judgment was granted It would have received transitional fees of 75 per cent of the hundreds of last month's remuneration. If the right to transitional arrangements cedes before the end of enforcement, the transitional aid shall be reduced by the amount which would have been further reduced if the soldier had continued to receive it. In both cases, the soldier must remain at least half of the transitional allowance. (3) The time limit for the prohibition of carriage begins with the legal force of the judgment, but not before the end of the execution of a previously imposed prohibition of transport. (4) The Reduction in grade and grade reduction shall be effective with the legal force of the judgment. The current service or pension benefits according to the new grade or the new grade shall be paid by the first of the month following the legal force of the judgment. (5) The distance from the service shall be taken with the legal force of the Judgment effective. The payment of the remuneration shall be terminated at the end of the month in which the judgment becomes final. A judgment shall be deemed to have been removed from the service if the soldier retires before the legal force enters into retirement. (6) For the reduction of the retirement pension, the first sentence of the second sentence of paragraph 2 shall apply, Dismise of the retirement pension, paragraph 5, sentences 1 and 2, and for the withdrawal of the grade of the first sentence of paragraph 5.

15.
Costs of the procedure

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Section 136 General

Costs are only charged in the judicial disciplinary proceedings. Unofficial table of contents

Section 137 Scope of the cost obligation

(1) Judicial disciplinary proceedings are free of charge. (2) Deposits are levied

1.

Deposits levied in accordance with the provisions of the Law on Legal Law,

2.

costs incurred as a result of the service of the soldier and of soldiers as witnesses or experts (§ 89), with the exception of postal charges,

3.

the travel expenses incurred during the investigation of the forerunit-disciplinary fora, of a judge and of their records;

4.

the costs of accommodation and examination of the soldier in a public psychiatric hospital or in a Bundeswehr hospital,

5.

the amounts to be paid to a lawyer, as well as the cash outlays of an otherwise appointed defender,

6.

the costs of the supervisors or pastors appointed in accordance with Section 85 (2).

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§ 138 Cost of the soldier and the federal government

(1) The costs of the proceedings shall be borne by the soldier if he is convicted; however, they shall be repaid in part or in whole, to the extent that it would be unfair to burden the soldier with it. The second sentence of paragraph 2 shall also apply if, through investigations into the investigation of certain stressful or relieving circumstances, particular costs have arisen and such investigations have been carried out in favour of the soldier. (2) The same shall apply if the The Court of Defending Service establishes the judicial disciplinary procedure because the soldier has lost his degree of service and his other rights from the service in a manner other than a conviction in a judicial disciplinary procedure and according to the outcome of the investigation, a misconduct or as a result of the investigation (3) If the soldier is acquitted or if the conscription court establishes the judicial disciplinary proceedings in cases other than those referred to in paragraph 2, he shall be required to pay only those costs which: (4) The costs of the proceedings which are not borne by the soldier pursuant to the first sentence of paragraph 1, paragraph 2 or 3 shall be disburdened to the Federal Government unless they are to be borne in whole or in part by a third party. Unofficial table of contents

Section 139 Costs of legal remedies and legal remedies

(1) The costs of a successful legal remedy of the soldier or of the Wehrdisciplinary forest, in so far as the soldier has placed it in favor of the soldier, are to be repaid to the Federal Government. The soldier bears the costs of a successful legal remedy for the soldier who is in favor of the soldier; however, they are to be ordered partially or completely to the federal government, to the extent that it would be unfair to burden the soldier with it. (2) The (3) If the appeal is partly successful, the conscription court must impose the costs in part or in the whole of the federal government, if it were not cheap, to burden the soldier with it. (4) Has the military service court In the case of a disciplinary procedure, because the soldier who retired after the appointment has retired cannot be banned from carrying out a transport ban, he must bear the costs of the proceedings. To the extent that it would be unreasonable to burden the soldier with the costs of the proceedings, they shall be redeemed in whole or in part to the Federal Government. (5) The provisions of paragraphs 1 to 4 shall apply mutaly to the costs of the proceedings brought by an application for judicial proceedings. Decision in the cases of § 92 (4), § 95 (2), § 98 (3) sentence 2, § 121a, § 127 (4) and § 128 or by a request for the resumption of the proceedings have been made. Unofficial table of contents

Section 140 Necessary Expositions

(1) The necessary expositions to the soldier shall be replaced by the Federal Government if the soldier is acquitted or the judicial disciplinary proceedings are terminated by other than the reasons referred to in § 138 (2). (2) The convicted person Soldiers who are required to have the necessary expositions are to be partially or completely disbursed to the federal government to the extent that it would be incheap to burden the soldier with it. Sentence 1 shall also apply if the breaches of duty imposed on the accusation form only partly the basis of the conviction or, through investigations into the investigation of certain incriminating or relieving circumstances of the soldier, special outlays (3) If an appeal is filed by the Military Disciplinary Authority in favor of the soldier and it is taken back or remains unsuccessful, the soldier shall be in the Appeal procedures adult necessary expositions to the federal government to impose. The same applies if a legal remedy for the soldier has been successful in favour of the soldier. If a legal remedy for the soldier has been successful in the interests of the soldier, the necessary expositions to which the soldier has grown in the appeal proceedings shall be replaced, in part or in the whole of the federal government, in so far as it would be unfair to: (4) If the soldier has limited the legal remedy and has succeeded, the necessary expositions of the soldier are to be laid down to the Covenant. (5) If an appeal is partially successful, § 139 (3) shall apply accordingly. In the case of an appeal of the soldier fully unsuccessful, it is inadmissible to impose all or part of the necessary expositions which are grown in the appeal proceedings. (6) Necessary expositions to the soldier by means of (7) The necessary expositions of the soldier shall not be imposed on the covenant if the soldier has caused the initiation of the judicial disciplinary procedure by the fact that he/she has has faked to have committed the misdeed to him. It may be discernable to impose the necessary expositions of the soldier to the Federation if:

1.

the soldier has caused the judicial disciplinary procedure to be subject to substantial charges of truthfulness or objection to his subsequent statements or to conceal substantial relieving circumstances, even though he has expressed his opposition to the accusation against him,

2.

against the soldier on the grounds of a breach of duty a disciplinary measure in the judicial disciplinary proceedings is not imposed only because there is a procedural obstacle,

3.

the Military Service Tribunal shall cease the proceedings pursuant to section 108 (3) sentence 2;

4.

the lead authority cees the judicial disciplinary procedure and imposes a simple disciplinary action.

(8) The necessary outlays also include:

1.

compensation for a necessary time failure in accordance with the rules applicable to the compensation of witnesses, if there is no entitlement to remuneration or pensions,

2.

the fees and charges of a lawyer, in so far as they would be reimbursed pursuant to Section 91 (2) of the Code of Civil Procedure, as well as the outlays of any other defender.

(9) In the case of the preliminary investigations pursuant to § 92, the application procedures in accordance with § 92 (4), § 95 (2), § 98 (3) sentence 2, § 121a, § 127 (4) and § 128 as well as in the retrial, paragraphs 1 to 8 shall apply in accordance with the same meaning. Unofficial table of contents

Section 141 Decision on costs

(1) Any decision on the main subject must determine who has to bear the costs of the proceedings. (2) The decision on who carries the necessary expenses shall be taken by the conscription court in the judgment or the decision which makes the proceedings (3) The costs may be deducted from the service or pension cover or from a maintenance fee approved in accordance with section 109. As far as necessary, amounts of money shall be recovered in accordance with the provisions of the Administrative Enforcement Act. (4) If the initiation of the preliminary investigations pursuant to § 92 of the initiation of a judicial disciplinary procedure, the Executive Board sees or shall issue the judicial disciplinary procedure, shall decide upon their application or at the request of the soldier, the competent judge of the troop service court, who would have been responsible for the decision on the main matter, who shall have the necessary Leeway. The request for reimbursement of the necessary expenses shall be submitted within one month of the notification of the decision to the troop service court. If the judge does not intend to impose the necessary expositions on the federal government in full, the soldier shall be given the opportunity to submit his observations. The decision shall be notified to the soldier and shall be notified to the discharge authority. (5) The appeal against the decision of the troop service court or the judge of the troop service court on the costs and the necessary expenses shall be the complaint allowed. The appeal shall be lodged with the military service tribunal by the end of one month after the date of notification of the decision. The troop service court decides on the complaint. Unofficial table of contents

Section 142 Cost-fixing

The amount of the costs to be reimbursed in accordance with the cost decision shall be determined by the official officer of the office of the troop service court. In the event of a reminder of the fixing, the chairman of the troop service chamber shall decide definitively. § 112 shall apply accordingly.

Final provisions

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Section 143 Special provision for soldiers on time

(1) If a soldier is served on time during the first four years of service in accordance with Section 55 (5) of the Soldatengesetz (Soldatengesetz), a judicial disciplinary procedure may be initiated or continued against him for the same act. where it is indisputable that the dismissal order does not lead to termination of the service. If the Administrative Court repeals the decree of dismissal, it must not be recognized for the same action at a distance from the service relationship. § 84 (2) applies accordingly. (2) If a judicial disciplinary procedure is pending against a soldier at the time, he can no longer be dismissed pursuant to Section 55 (5) of the Soldatengesetz (Soldatengesetz) for the same act. Unofficial table of contents

Section 144 Special dismissal of a soldier

The proceedings of the Military Service Courts in the cases of § 88 of the Soldatengesetz (Soldatengesetz) shall apply to the provisions relating to the judicial disciplinary procedure. The judgment establishes that the soldier is unworthy of his/her duty due to his conduct prior to the appointment of the appeal, or it dismises the request for such a determination. Unofficial table of contents

§ 145 Binding of the courts to disciplinary decisions

(1) For the decision in the judicial disciplinary proceedings, for the judicial review of the decisions of the disciplinary superiors as well as for the judicial decisions otherwise provided in this law, the military service courts (2) The decisions taken by the disciplinary superiors and the conscription courts pursuant to this law are binding for the assessment of the rights asserted before a court of law. Unofficial table of contents

Section 146 Authorisation to enact a regulation

The Federal Ministry of Defence is authorized to determine, in agreement with the Federal Ministry of the Interior, the remuneration, including the remuneration, in the form of remuneration and military service in the sense of § § 24, 126 and 1 of the German Federal Ministry of the Interior. The sub-section of the third section shall be considered. Unofficial table of contents

Section 147 Provisions

(1) The repayment of a simple disciplinary measure imposed before 1 January 2002 shall be governed by the rules in force so far. A prohibition of transport imposed before 1 January 2002 shall be subject to the provisions of this Act. (2) For complaints against disciplinary measures imposed before 1 January 2002, as well as other measures and decisions of the Disciplinary board members before 1 January 2002 shall be subject to the provisions of the previous rules. Unofficial table of contents

Section 148 Restriction of fundamental rights

This law restricts the fundamental right to physical integrity (Article 2 (2) sentence 1 of the Basic Law) and the fundamental right of the person's freedom (Article 2 (2) sentence 2 of the Basic Law).