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Original Language Title: Wehrpflichtgesetz

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Wehrpflichtgesetz (WPflG)

Unofficial table of contents

WPflG

Date of completion: 21.07.1956

Full quote:

" Wehrpflichtgesetz (Wehrpflichtgesetz) in the version of the Notice dated 15 August 2011 (BGBl. 1730), as last amended by Article 2 (8) of the Law of 3 May 2013 (BGBl). 1084).

Status: New by Bek. v. 15.8.2011 I 1730
Last amended by Art. 2 Abs. 8 G v. 3.5.2013 I 1084
Indirect amendment by Article 1 (2) (a) (a) and (b) Art. 1 No. 3 G v. 20.11.2014 I 1738 is considered

For more details, please refer to the menu under Notes

Footnote 

(+ + + Text proof applicable: 1.1.1984 + + +) 
(+ + + measures on the basis of the EinigVtr cf.  WehrPflG Appendix EV, no longer   
shall apply to the  Art. 1 No. 13 Buchst. b DBuchst. aa G v. 21.1.2013 I 91 mWv   
29.1.2013 + + +)
Legal abbreviation: Inc. by Art. 1 No. 1 G v. 20.12.2001 I 4013 mWv 1.1.2002 Unofficial table of contents

Content Summary

Section 1
Military duty
Subsection 1
Scope of conscription
§ 1 General conscription
§ 2 Application of the following provisions
§ 3 Content and duration of conscription
Subsection 2
Military Service
§ 4 Types of military service
§ 5 Basic military service
§ 6 Defensive exercises
§ 6a Special Foreign Use
§ 6b Voluntary additional military service following the basic military service
§ 6c Assistance in the interior
§ 6d Assistance abroad
§ 7 Consideration of voluntary service and of civil service
§ 8 Military service outside the Bundeswehr; settlement of military service and other services outside the Bundeswehr
§ 8a Degrees of degree of use; degree of use
Subsection 3
Military Service Exceptions
§ 9 Military incapacity
§ 10 Exclusion from military service
§ 11 Liberation from military service
§ 12 Return from military service
§ 13 Uncomedable
§ 13a Civil protection or civil protection
§ 13b Development Service
Section 2
Defensive forces
§ 14 Defence-replacement authorities
§ 15 Collection
§ 16 Purpose of the pattern
§ 17 Implementation of the patterning
§ 18 (dropped)
§ 19 Procedural principles
§ 20 Return applications
§ 20a Aptitude test and aptitude test after the examination
§ 20b Review investigation; hearing
Section 21 Convening
Section 22 (dropped)
Section 23 Use of served conscripts
§ 24 Defensive surveillance; liability
§ 24a Change Service
§ 24b Residence determination procedure
Section 3
Personnel files
Section 25 Personnel files of undived conscription
Section 26 (dropped)
§ 27 (dropped)
Section 4
Termination of military service and loss of service level
§ 28 Termination reasons
§ 29 Dismissal
§ 29a Extension of military service in the case of inpatient troop medical treatment
§ 29b Extension of military service for other reasons
§ 30 Exclusion from the Bundeswehr and loss of service level
Section 31 Resumption of proceedings
Section 5
Appeal; Legal remedies
Section 32 Legal Way
§ 33 Special provisions for the preliminary procedure
Section 34 Appeal against the decisions of the Administrative Court
§ 35 Special provisions relating to the action of a challenge
Section 6
Limitation of fundamental rights, special, fine and transitional provisions
§ § 36 to 41 (dropped)
§ 42 Special provisions for members of the police enforcement service
§ 42a Border guards
Section 43 (dropped)
Section 44 Delivery, performance and delivery
§ 45 Fines
Section 46 (dropped)
§ 47 (dropped)
§ 48 Rules on preparedness, tension and defence
§ 49 (dropped)
§ 50 Competence for the adoption of legal regulations
Section 51 Limitation of fundamental rights
Section 52 Transitional provision
Section 53 Transitional provision on the occasion of the 2010 Act on the Protection of the Law

Section 1
Military duty

Subsection 1
Scope of conscription

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§ 1 General conscription

(1) Military duties are all men of 18. years of life, which are German in the sense of the Basic Law and
1.
have their permanent residence in the Federal Republic of Germany, or
2.
have their permanent residence outside of the Federal Republic of Germany and either
a)
have had their former permanent residence in the Federal Republic of Germany, or
b)
have a passport or a certificate of nationality in the Federal Republic of Germany, or have been subject to their protection in another way.
(2) The conscription rests as long as conscripts have their permanent residence and their livelihood outside of the Federal Republic of Germany, if facts justify the assumption that they intend to stay abroad permanently (3) The compulsory military service does not rest when the conscripts are permanently resident
1.
during the military service from the Federal Republic of Germany,
2.
without the authorization required in accordance with Article 3 (2) from the Federal Republic of Germany, or
3.
from the Federal Republic of Germany, without leaving it.
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§ 2 Application of the following provisions

§ § 3 to 53 shall apply in the case of a voltage or defence. Unofficial table of contents

§ 3 Content and duration of conscription

(1) The conscription shall be fulfilled by the military service or in the case of § 1 of the War Service Denial Act by the Civil Service. It shall include the obligation to report, to present information and to submit documents, in accordance with the provisions of this law, to the mental and physical fitness and suitability of the uses in the armed forces. (2) Male persons have to take over certain items of clothing and equipment and bring them to the service in accordance with the notice of appeal. (2) Male persons have to do so after the completion of the 17. To obtain a licence from the competent authority of the Kreiswehrersatzamtes if they wish to leave the Federal Republic of Germany for more than three months without the conditions laid down in Section 1 (2) already being fulfilled. The same applies if they wish to remain outside the Federal Republic of Germany beyond an authorised period of time or if they wish to extend an unauthorised stay outside the Federal Republic of Germany for a period of three months. The authorisation shall be granted for the period in which the male person is not in favour of a convocation to the military service. Beyond this period, it shall be granted, in so far as the failure for the male person would constitute a special-in the case of a preparedness, tension or defence-an unreasonable-hardship; § 12 (6) shall be applied accordingly. The Federal Ministry of Defence may grant exemptions from the permit requirement. (3) The conscription ends with the end of the year in which the conscription of the conscripts is 45. (4) In the case of officers and sub-officers, the conscription ends with the end of the year in which they are 60 years old. (5) In the case of tension and defence, compulsory military service ends with the end of the year in which the conscription is 60 years old. Year of life completed.

Subsection 2
Military Service

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§ 4 Types of military service

(1) The military service to be provided in accordance with this Act shall comprise:
1.
the basic military service (§ 5),
2.
the Wehrdrills (§ 6),
3.
special use abroad (§ 6a),
4.
the voluntary additional military service following the basic military service (§ 6b),
5.
the provision of assistance in the interior (§ 6c),
6.
the assistance provided abroad (§ 6d) and
7.
the indefinite military service in the case of tension and defence.
(2) (omitted) (3) The military service can also be provided voluntarily. Those who perform a military service pursuant to paragraph 1 on a voluntary basis shall have the legal status of a soldier who performs military service on the basis of compulsory military service. This also applies to a special foreign use according to § 6a, the optional additional military service following the basic military service according to § 6b, the provision of assistance in the interior according to § 6c and the assistance provided abroad according to § 6d. Unofficial table of contents

§ 5 Basic Defence Service

(1) Basic military service shall provide conscripts with the 23 to the date fixed for the entry into service. By way of derogation from this, compulsory military service persons who are responsible for the date fixed for the entry into service shall
1.
the 25. have not yet been completed when they are
a)
due to a reserve pursuant to § 12 not before the completion of the 23. could be used for the basic military service and the reason for the reversion is no longer necessary,
b)
because of an unauthorised stay abroad (§ 3 (2)), not until the completion of the 23. to be used for the basic military service life year,
c)
in accordance with Article 29 (6), first sentence, as being released from the basic military service and having to comply with a service obligation pursuant to the first sentence of paragraph 3,
d)
after completion of the 22. He/she shall waive his/her recognition as a conscientiously objector unless, at the time of waiver, they are no longer able to be employed in the civil service and that they are no longer applicable until that date. are not in the civil service or
e)
for the suspension of the enforcement of the notice of appeal or the order of suspensive effect of the appeal or of the action, not before the completion of the 23. could be used as a basic military service;
2.
the 32. are not yet completed when they are mainly used in military terms due to their professional training during the basic military service;
3.
the 28th Have not yet completed their life year if they are not present in the event of an obligation to perform a service as a helper in civil protection or civil protection (§ 13a) or because of a commitment to the performance of a development service (§ 13b) Completion of the 23. They have been used for the basic military service life year.
In the case of conscripts who are no longer before the completion of the 23rd, due to a recognition procedure under the provisions of the War Service Denial Act (WW). The duration of the recognition procedure, the duration of the period during which the service is to be carried out, shall be extended to cover the period during which the military service has been in possession of a military service, or before the date of entry into the military service. not, however, about the completion of the 25. (2) The basic service lasts six months and is carried out coherently. An application for early use can be made after the completion of the 17. Life year and after completion of the 18. The following year's life year will be met. The application for minors is subject to the consent of the legal representative. (3) Days in which a conscientious objector during the basic military service due to
1.
Culpable absence from the force or service,
2.
school-based refusal of service;
3.
Suspension of the enforcement of the notice of appeal,
4.
Serving imprisonment, criminal, juvenile, juvenile, or disciplinary detention, or
5.
Detention, followed by a final conviction,
has not provided a service, are to be served. Days on which the soldier is to be used for duties outside the enforcement body during the course of disciplinary arrest, shall not be relied upon. This shall also apply if the soldier is serving custodial sentences, criminal remnant or youth remnant in a law enforcement facility of the Bundeswehr, or if he is not responsible for the Bundeswehr for reasons that are not in his/her person's person. Tasks outside of the enforcement device are used. Unofficial table of contents

§ 6 Wehrdrills

(1) In principle, a military exercise lasts no more than three months. The Federal Ministry of Defence decides on exceptions. (2) The total duration of the military exercises is not more than six for teams, nine at most, and a maximum of twelve months for officers. (3) The total duration of the military exercises Defensive exercises are extended in the case of conscripts who have been released prematurely from the basic military service in order to the time they have been dismissed prematurely, provided they are not reconvened for the basic military service for this period. (4) (Dropped) (5) (omitted) (6) For military exercises, which are called on-call duty from the In the case of the Federal Government, the time limit laid down in paragraph 1 shall not apply. They shall not be credited to the total duration of the military exercises referred to in paragraphs 2 and 3; the Federal Ministry of Defence may order an invoice. (7) The Federal Ministry of Defense may be responsible for conscripts who are required to perform military exercises. in general or in an individual case by way of derogation from § 8a (2) sentence 1. Unofficial table of contents

§ 6a Special foreign use

(1) To be used on the basis of an agreement, a contract or an agreement with a national or international body, or with an external state, on a decision of the Federal Government abroad or outside the German territory on ships or in aircraft (special foreign use) may be used, provided that they have declared themselves in writing. (2) A special foreign use is available for a maximum of seven months. As far as the duration exceeds three months, the constituency replacement office shall act on the approval of the employer or of the service authority. The provisions relating to military exercises shall apply, with the proviso that the special foreign use shall not be counted against the total duration of the military exercises pursuant to § 6 (2) and (3). (3) The served basis may be used before the conscription of the conscription To revoke his declaration of participation in special foreign uses in general or for the individual case at any time and without giving reasons. The revocation shall be declared in writing to the constituency's replacement office. The revocation is excluded according to the validity of the notice of appeal. Instead, the served conscription may request that he be subject to special foreign uses; this request shall be accepted if the use of the person concerned is personal, in particular domestic, economic (4) If a soldier is subject to his application from participation in special foreign uses in general or in individual cases, he/she shall be subject to a specific case of a special nature. , it may be dismissed if it is in the interest of the service. Section 29 (7) shall apply mutagenic. (5) § 29 (4) (1) shall apply with the measures that the soldier is to be dismissed, the hearing of the conscription authority and the examination whether the reasons given are to be dismissed from the Defensive service after dismissal does not need to be justified. (6) § 6 (7) is to be applied accordingly. Unofficial table of contents

§ 6b Volunteer of additional military service following the basic military service

(1) Conscripts may provide additional military service in connection with the basic military service. The voluntary additional military service lasts at least one, at least 17 months. (2) The convocation to the voluntary additional military service is carried out with the convocation to the basic military service. The total duration of military service shall be fixed in a uniform manner. In the event of an obligation to provide additional military service or its extension after the notification of the appeal for the basic military service, the constituency replacement office shall amend this decision accordingly. (3) § 6a (5) shall be amended accordingly. , The total duration of the fixed military service may be shortened to the duration of the basic service if it is in the interest of the service and if the conscription agrees to the reduction. It shall not require its consent if its application for a commitment is granted by the participation in special foreign uses pursuant to Article 6a (3) sentence 4 and its declaration of commitment and convening for voluntary additional use Military service has been linked to the declared willingness to participate in special foreign uses. The total duration of the fixed military service should also be shortened without the consent of the conscription, if it has shown that it is in the form of a previous conduct or by a lack of performance, which may also be of a state of health, that it is the Requirements and performance requirements to be made to a soldier who provides voluntary additional military service are not fulfilled or no longer fulfilled. The third sentence of paragraph 2 shall apply mutatily. Unofficial table of contents

§ 6c Assistance in the interior

(1) The use of the armed forces within the framework of mutual assistance or assistance in the event of a natural disaster or a particularly serious accident in accordance with Article 35 of the Basic Law may be used as a basis for a conscientious conscription, provided that: (2) The provisions on military exercises apply, with the proviso that the provision of assistance in the interior does not count on the total duration of the conscription exercises. (3) The provision of assistance in the interior is basically in each case for a maximum period of three months. The Federal Ministry of Defence may, with the consent of the conscription and its employer or its service authority, allow exceptions. (4) In addition, § 6 (7) and § 6a (3) to (5) are to be applied accordingly. (5) As a assistance in the The interior is also subject to preparatory exercises in the context of civil-military cooperation. Unofficial table of contents

§ 6d Assistance abroad

(1) The use of the armed forces in the context of humanitarian assistance abroad may be used by a dident conscription, provided that he has agreed to do so in writing. (2) The provisions relating to military exercises shall apply to the armed forces. The provision of assistance abroad is not to be calculated on the basis of the total duration of the military exercises. (3) Assistance in foreign countries is, in principle, admissible for a maximum of three months per year. The Federal Ministry of Defence may, with the consent of the conscription and its employer or its service authority, allow exceptions. (4) In addition, § 6 (7) and § 6a (3) to (5) are to be applied accordingly. Unofficial table of contents

§ 7 Invoice of voluntary service and of civil service

(1) The military service provided on the basis of voluntary commitment in the Bundeswehr is to be credited to the basic military service; it can also be credited to military exercises. (2) German conscripts, who are on their recognition as conscientiously objectors , or if the authority to refuse the military service with the weapon has been legally recognized, shall not be used for military service in peace if it is a civil service from the Civil Service Act § 24 (2) of the Civil Service Act have been given a certain duration. If the civil service is terminated prematurely, the time spent in the civil service is to be added to the military service. Unofficial table of contents

§ 8 Military service outside the Bundeswehr; settlement of military service and other services outside the Bundeswehr

(1) Conscripts may only commit to a military service outside the Bundeswehr with the consent of the Federal Ministry of Defence. This does not apply to military service which is to be carried out under the law of the State of residence. (2) The Federal Ministry of Defence may, on a case-by-case basis, outside the Bundeswehr, or instead of military service. Other service provided to military service under this law shall be counted in whole or in part. The military service or the other service which is to be replaced by military service shall be credited if it has been provided by law; this shall also apply if the Federal Ministry of Defence is responsible for military service outside of the (3) The Federal Ministry of Defence may delegate the powers referred to in paragraphs 1 and 2 to a subordinate body. (4) The requests for consent to the performance of military service outside the Bundeswehr and on account of the military service provided there or the military service instead of the military service Other services are to be provided at the District Office of the District Administration. As proof of military service outside the Bundeswehr or the other service provided instead of military service, the Kreiswehrersatzamt may require insurance of the conscription party on oath instead of the other service. Unofficial table of contents

§ 8a Degrees of degree of degree of use; degree of use

(1) The following degrees of degree of degree of digetisation shall be determined
-
defensive,
-
temporarily not capable of military service,
-
not capable of military service.
(2) Military conscripts shall be fully operational or capable of being used for certain activities in accordance with the medical judgment. In the context of their use, they are available for military service, provided that this law does not determine anything else.

Subsection 3
Military Service Exceptions

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§ 9 Incapacity for military service

It is not used for military service, who is not capable of military service. Unofficial table of contents

§ 10 Exclusion of military service

The military service is excluded,
1.
who by a German court for a crime of at least one year's imprisonment or because of an intentional act which is subject to the rules on peace treason, treason, endangerment of the democratic constitutional state, or Member of the European Parliament and the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of
2.
who does not have the ability to hold public offices as a result of the right to judge;
3.
who is subject to a measure of improvement and security in accordance with § § 64, 66, 66a or 66b of the Penal Code, as long as the measure is not completed.
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§ 11 Liberation of military service

(1) From military service are exempt
1.
ordained clergy of evangelical confession,
2.
Spiritual Roman Catholic confession, which received the diaconate consecration,
3.
full-time clergy of other confessions, whose office corresponds to that of an ordained cleric evangelical or a clergyman of Roman Catholic confession, who received the diaconate consecration,
4.
severely disabled people,
5.
Persons who are subject to an international legal contract for the duration of an activity in an international authority shall enjoy a corresponding exemption.
(2) From the military service, conscripts are to be exempted from the military service,
1.
whose father, mother, brother, or sister died of the consequences of a military service or civil service damage,
2.
whose two siblings
a)
basic military service of the duration specified in § 5 (1a),
b)
Civil service of the duration specified in § 24 (2) of the Civil Service Act,
c)
Civil protection or civil protection service pursuant to Section 13a (1) sentence 1 of this Act or pursuant to Section 14 (1) of the Civil Service Act,
d)
development service pursuant to Section 13b (1) of this Act or in accordance with Section 14a (1) of the Civil Service Act,
e)
another service abroad pursuant to Section 14b (1) of the Civil Service Act,
f)
a voluntary service under the Youth Voluntary Service Act of at least six months,
g)
a free employment relationship in accordance with Section 15a (1) of the Civil Service Act, or
h)
Military service of no more than two years duration as a soldier on time or soldier on time
, or
3.
The
a)
are married,
b)
is a registered partner or
c)
who exercise parental concern in common or as single parents.
The application shall be submitted in writing, electronically or in writing to the District Office of the District Office at the earliest after notification of the collection by the collection authority (§ 15 (1) sentence 2) and at the latest by the completion of the sampling, unless the The reason for liberation occurs later or is later known. It shall be justified. Unofficial table of contents

§ 12 Reposition of the military service

(1) From military service shall be returned,
1.
who is temporarily not capable of military service,
2.
who, apart from the cases of § 10, imprisonment, criminal remand, juvenile sentence or youth sentence, is in custody, or is housed in a psychiatric hospital in accordance with § 63 of the Criminal Code.
(1a) The military service shall also be responsible for the fact that, for the duration of an activity in an international authority, military service cannot be used for the duration of an activity under international law. (2) Military service shall be subject to the obligation of military service. prepare for the sacred ministry (§ 11), on request. The following are to be added:
1.
Proof of a regular theological study or a regular theological training and
2.
a declaration by the competent State Church Office, the Bishops ' Authority, the Order of the Order or the relevant upper authority of another religious community, that the conscription is prepared for the spiritual ministry.
(3) If a conscription party has agreed to his installation for election to the German Bundestag, to a parliament or to the European Parliament, he shall be resigned until the election. If he has accepted the election, he can only be convened at his request for the term of office. (4) A conscription must be returned from the military service upon request, if the use of the military service for him is personal, in particular, domestic, economic or professional reasons would be of particular hardship. Such a rule is generally available,
1.
if in the case of the conscription of the conscription
a)
the supply of his/her family, relatives in need of assistance or of other persons in need of assistance, for whose livelihood he has to pay from a legal or moral obligation, or
b)
are to be expected for relatives of first-degree special emergencies,
2.
if the conscription is indispensable for the maintenance and continuation of a company's own business,
3.
if the conscription of the conscription
a)
a training leading to a school degree,
b)
a university degree in which the third semester is reached at the time of the planned entry,
c)
a dual course of study commenced at the time of completion of the programme (studies with a course of study-related training), the standard period of study of which does not exceed eight semesters, and during which the course of study at the latest three months after the beginning of the in-company training,
d)
a third of the other training sections completed at the time of entry into service; or
e)
vocational training which has already begun
, interrupt or prevent the inclusion of a legally binding or contractually secured vocational training.
(5) A conscription may also be returned from the military service if a criminal procedure is pending against him, in which a custodial sentence, a criminal remnant, a juvenile sentence, or a custodial measure of the improvement and security are to be expected. (6) In the cases referred to in paragraph 4, except in the case of the sentence 2 (1) (b), (3), and in paragraph 7 thereof, the conscription shall be entitled to: The basic military service shall not be returned for as long as it is before the , it may be convened in the second sentence of paragraph 1 of the second sentence of paragraph 1. In exceptional cases, in which the convocation would constitute an unreasonable hardship, it can also be returned. (7) From the military service, a conscription must also be returned upon request, if he/she is responsible for the conservation and maintenance of the convocation. The continuation of the parental operation or the operation of his employer or for the proper performance of his/her service authority is indispensable. In this case, the parents, the employer or the service authority of the conscription are entitled to apply and are obliged to indicate the omission of the conditions for the undeprivation of the competent Wehrersatzbehörde (Wehrersatzbehörde). The conscription requires the consent of the conscription. The conscription of the conscription is to be suspended until the decision on the application. Unofficial table of contents

§ 13 Undigestible status

(1) In order to compensate for the personnel requirements for the tasks of the Bundeswehr and other tasks, a conscription in the case of tension and defence in the public interest for the military service can be made ingestible if and as long as (2) On the proposal of the competent administrative authority, the Military Replacement Authority shall decide on the non-digestive position. The right of proposal is also available to churches and religious communities, insofar as they are bodies of public law, to their servants. The competence and the procedure shall be governed by a regulation. In the regulation, the power to determine the competent authorities may be delegated to the supreme federal authorities or to the national governments with the power to transfer them to the supreme national authorities; the powers under this Regulation shall be conferred on the competent authorities. the supreme federal authority or the provincial government may, as far as national law permits, also regulate the right of proposal by means of general administrative provision. The legal regulation also regulates how differences of opinion between the Wehrersatzbehörde (Wehrersatzbehörde) and the managing authority to be proposed are to be balanced with consideration of the various interests. The legal regulation also regulates the time limits for which the indisputable position can be pronounced and which competent bodies of the public administration and the economy can be heard. (3) The service authority or the employer of the Defendants are obliged to indicate the omission of the conditions for the undigestible status of the responsible Wehrersatzbehörde (Wehrersatzbehörde). Those who are not in a working or employment relationship have to show the removal of the conditions themselves. Unofficial table of contents

§ 13a Civil protection or civil protection

(1) Conscripts who are before the completion of the 23. In the case of civil protection or civil protection, they shall not be used for military service as long as they are in civil protection, with the consent of the competent authority for at least four years to serve as a volunteer. or civil protection. This shall also apply to interruptions of participation approved by the competent authority, if the four-year participation, based on the minimum commitment, is still completed by the date of completion of the 28th Life-year can be fulfilled. At the request of the Federal Ministry of Defence, between this and the Federal Ministry of the Interior the number up to the exemptions are possible, with due consideration of the personnel requirements of the Bundeswehr, the civil protection and of civil protection. A distinction can also be made between vintages, occupational activities and training levels, as well as the consent of the constituency replacement office. (2) For four years in the field of civil protection or civil protection, military conscription has been issued. their duty to provide basic service. Authorised interruptions of participation (paragraph 1, second sentence) shall be considered as participation, provided that they do not exceed a total period of six months. If, for reasons other than the person or the conduct of the conscription, participation prematurely ends, the period covered by civil protection or civil protection shall be as long as it exceeds the half of the period after the first sentence, (3) The competent authorities shall be obliged to indicate to the competent military authority the existence and the omission of the conditions for the non-conscription of conscripts for military service. Unofficial table of contents

§ 13b Development Service

(1) Conscripts shall be made up to the date of completion of the 28th The Commission shall not be used for military service if, in the context of the needs of that institution, it is contractually responsible for the performance of an at least two-year old-age service in relation to a development service institution recognised in accordance with Article 2 of the Development Helpers Act. The Federal Ministry for Economic Cooperation and Development confirms this. (2) Furthermore, the German Federal Ministry for Economic Cooperation and Development (BMZ) will be responsible for the development of the development service. are not used for military service, if and as long as they are The requirements of § 1 (1) or (2) of the Development Helpers Act are fulfilled. (3) If compulsory military service has been provided by the minimum period referred to in paragraph 1, its duty shall be granted to provide a basic service. If the development service is terminated prematurely for reasons not to be represented by the conscripts, the time taken during the development service, insofar as it exceeds the time taken by the basic service, shall be applied to the military service. (4) The providers of the development service shall be obliged to indicate the existence and the omission of the conditions for the non-recovery of conscripts of the competent Wehrersatzbehörde (Wehrersatzbehörde).

Section 2
Defensive forces

Unofficial table of contents

Section 14 WehrersatzAuthorities

(1) The tasks of the Wehrersatzwesens with the exception of the collection are carried out in federal administration and transferred to the following authorities of the Bundeswehr administration under the responsibility of the Federal Ministry of Defence:
1.
Bundesamt für Wehrverwaltung-Bundesoberbehörde-,
2.
Federal Department of the Defence Area-Federal Agency for the Federal Republic of
3.
Federal Agency for Defense Agencies-Federal Sub-Authorities-.
(2) The local competence of the central and sub-authorities of the Bundeswehr administration must be adapted to the borders of the Länder. In agreement with the countries concerned, the local competence may be regulated by way of derogation from the first sentence. The Federal Ministry of Defence or the body designated by the Federal Ministry of Defence may, by means of general administrative provisions, be responsible for the local competence in the case of design decisions pursuant to § 16 (2) sentence 1 and for the hearing in accordance with § 29 (4) (1 by way of derogation from the provisions of the Administrative Procedure Act. Unofficial table of contents

§ 15 Collection

(1) The collection authority may, to the extent necessary for the determination of compulsory military service, use the following data, which are stored in the reporting register, for the purpose of recording:
1.
family names,
2.
former names,
3.
First names,
4.
doctoral degree,
5.
Day and place of birth,
6.
Gender,
7.
Nationalities,
8.
current and earlier addresses, main and secondary housing, and, in the case of access from abroad, also the last previous address in Germany,
9.
Day of entry and exit,
10.
Transmission locks,
11.
Date and place of death, as well as
12.
Family stand.
The collection authority shall inform those whose data are to be transmitted to the conscription authority, from the collection, that the data provided for transmission are known to them, and shall require them to correct erroneous data. They are obliged to provide the necessary information and to register in person at the registration authority. (2) The collection authority shall, on the basis of the data collected in accordance with paragraph 1, carry out personal evidence of the Defencelist. (3) The collection authority shall transmit the following data to the Wehrersatzbehörde as a result of the collection:
1.
family names,
2.
former names,
3.
First names,
4.
doctoral degree,
5.
Day and place of birth,
6.
current address,
7.
Family status and
8.
Nationalities.
(4) The collection is the task of the countries. It is carried out by the reporting authorities; in countries where the local authorities are reporting authorities, the state government can determine that it is carried out by the offices. The state government can also determine that the seamen's offices are involved in the collection. In order to ensure the smooth and smooth implementation of the collection, the Federal Government may grant individual instructions for special cases. (5) The necessary expenses incurred by the conscripts for the collection are borne by the Federal Government. Countries. (6) Male persons may already be one year before the completion of the 18. years of life. Paragraphs 1 to 5 and Article 17 (3), second sentence, of the first subparagraph of paragraph 1 shall apply mutatily. Unofficial table of contents

§ 16 Purpose of the Muster

(1) Unserved conscripts are to be used for military service prior to the use of the military service. (2) By means of the pattern, the councilors responsible for the military service decide which undialed consents are available for military service. In addition, findings on the suitability of the conscripts for uses in the armed forces may be made; this does not apply to conscripts who have submitted a request for recognition as conscientious objectors. (3) Male Persons may already have a half year before the completion of the 18. Year of life, minors who, with the consent of the legal representative, submit the request to be used prematurely for the basic military service, already half a year before the completion of the 17. At this point in time, paragraphs 1 and 2, § § 17, 19, 20a, 21, 24, 24b and 25 shall apply to these male persons. Unofficial table of contents

§ 17 Implementation of the patterning

(1) The sampling is carried out by the gyroscopic replacement offices. (2) (omitted) (3) The circular sweeper set offices prepare the pattern after the entry of the detection result. The conscripts shall also, upon request, provide in writing, electronically or orally, the information required for the decision in accordance with Article 16 (2) and to submit the documents requested for this purpose; they shall have (4) The conscripts are in detail before the model decision on their mental and physical fitness. (4) The conscripts are to be found in the form of a sample and the documents are to be found in the summons. to undergo a medical examination; they have to undergo this examination. Such investigations must be carried out, which, according to the state of the medical science, are necessary for the assessment of the suitability of the conscription for military service and can be carried out in the context of a series investigation. The Circular Defense Replacement Offices may order a re-examination by another physician. (5) The result of the examination must be laid down in writing, stating the degree of degree of degree of degree and degree of use; the conscription is a (6) Medical examination measures, which are equivalent to a medical treatment or an operation within the meaning of § 17 (4) sentence 6 of the Soldatengesetz (Soldatengesetz), must not be carried out without the consent of the conscription. Not as a medical treatment or as an operation and not as interventions in the physical integrity shall be considered simple medical measures, such as blood withdrawal from the ear lobe, the finger or a blutader or an X-ray Investigation. (7) (omitted) (8) As far as necessary and necessary, the conscripts may be investigated for their suitability for use in the armed forces. In the case of a scientifically proven aptitude test, psychological test procedures can be used to determine the abilities, skills and knowledge of the conscripts and evaluate them for the determination of aptitude. As requested by the competent military authorities, the conscripts must also present themselves to the aptitude test and undergo this examination. They are obliged, upon request, to provide information and to submit documents to the extent that this is necessary for the determination of suitability according to § 16 (2) sentence 2. (9) The aptitude test and determination of the aptitude test is before the medical examination of the A person liable for his/her fitness shall be allowed, as far as is necessary, in order to be able to carry out the pattern in one day. If the conscription of the conscription is found in the medical examination, the data collected on him during the aptitude test must be deleted immediately. (10) The conscription of the conscription of the conscription shall be left undispensible and shall not be used. if a police lead fails or does not promise success, it is up to the file to decide. This also applies if the conscription cannot be investigated. Unofficial table of contents

§ 18 (omitted)

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Section 19 procedural principles

(1) The District Authority shall investigate the facts of its own merits and collect the necessary evidence. An insult to witnesses and experts by the district's office of constituency does not take place. The issuing of oath insurance is inadmissible. (2) All authorities and courts have the right to provide official and legal assistance to the District Court's Office of the District Court. The District Court, in particular, may request the District Court, in whose district a witness or expert has his residence or permanent residence, for the hearing of the witness or expert. This shall indicate the facts and operations on which the hearing is to be carried out. The provisions of the Law of the Court and of the Code of Civil Procedure shall apply in accordance with the relevant provisions. The insult of a witness or expert shall be at the discretion of the Local Court. The District Court also decides on the legality of a denial of the certificate, the opinion or the eidespower. The decision cannot be challenged. (3) (omitted) (4) On the result of the examination, with the exception of the findings pursuant to § 16 (2) sentence 2, the conscripts are given a written sample letter. (5) The model procedure is free. The necessary outlays must be reimbursed. The necessary expenses also include the costs for the procurement of documents, the contribution of which is given to the conscription. An employee who is not subject to the Employment Protection Act will also be reimbursed for the loss of earnings arising from the pattern of the payment. A conscription person who is not a worker shall be reimbursed for the necessary expenses incurred by him through the appointment of a representative. The details of the reimbursement of necessary expenses, loss of earnings and representative costs shall be governed by a regulation of the law. Unofficial table of contents

Section 20 Return requests

Applications for a reserve in accordance with § 12 (2) and (4) shall be submitted in writing, electronically or in writing at the earliest after notification of the collection by the collection authority (§ 15 (1) sentence 2) and at the latest by the completion of the sampling. place the office of a counsel, unless the reason for the reversion occurs later, or is later known. They shall be justified. Unofficial table of contents

§ 20a examination of aptitude and aptitude test after the examination

(1) Unserved conscripts may be examined for their suitability for use in the armed forces even after their convocation before they are convened, provided that the investigation is necessary and necessary. This shall also apply insofar as the findings made in the case of the pattern are not sufficient. (2) § 17 (8) sentences 2 to 4 and § 19 (5) sentences 1 to 5 shall apply accordingly. Unofficial table of contents

Section 20b Review; hearing

Unserved conscripts can also be examined by medical examinations after they have been carried out. Unserved conscripts, who have not been convened within two years after the examination or after a new medical examination, shall be heard before they are convened and on request or, if there is evidence of a change, of the state of health, or if this is necessary for a planned use in the military service, to re-examine the health of the patient. To this end, you have to be presented and examined by the District Replacement Offices after being requested. The second sentence of Article 17 (4), paragraphs 6 and 10 shall apply to the investigation. The result of the investigation and the resulting legal consequences shall be communicated by written submissions of the examination of the law of the Taugness. This is also true if a request for a verification of the degree of degree of degree of degree is carried out without a medical examination. Section 19 (5) sentences 1 to 5 shall apply accordingly. Unofficial table of contents

Section 21 convening

(1) Unserved conscripts shall be convened by the District Replacement Offices in the execution of the model certificate for the military service. The place and date of the official entry shall be announced by a notice of appeal. The duration of the military service to be provided shall also be specified in the notice of appeal; this shall not apply to the conscription to the military service in the case of tension and defence pursuant to section 4 (1) (7) and to military exercises as a standby service in accordance with § 6 Paragraph 6. (2) The conscripts have to confront the military service in the Bundeswehr in accordance with the notice of appeal. (3) The notice of appeal is to be delivered four weeks before the date of the official entry. In writing, they must be informed in writing that they can be convened in the short term as a replacement for any outbreaks. Defensive persons may be convened without a period of time, if:
1.
defensive exercises are ordered as a standby service,
2.
the convening of an increase in the operational readiness of the armed forces, which is necessary in the circumstances, is necessary,
3.
the case of tension or defence has occurred,
4.
the Federal Ministry of Defence or the body designated by it has ordered military exercises of short duration as alarm exercises, or
5.
is to provide assistance in the interior or abroad.
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§ 22 (omitted)

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Section 23 Pre-accession of persons who are subject to compulsory military service

Those who have already served in the Bundeswehr will be called up for military service after checking their availability by the responsible military authorities. They shall be heard if more than two years have elapsed since the departure of the military service, and if there is evidence of a change in the state of health or if there is evidence of a planned use in the military service. is to be re-examined by a medical examination. The second sentence of Article 17 (4), paragraphs 6 and 10 shall apply to the investigation. Section 19 (5) sentences 1 to 5 shall apply accordingly. According to the request, the conscripts have to be presented and examined by the District Replacement Offices and examined by a doctor. You have to be part of the military service in the Bundeswehr in accordance with the notice of appeal. Section 21 (3) shall apply accordingly. Unofficial table of contents

§ 24 Military surveillance; Liability

(1) The conscripts are subject to military surveillance. This ends with officers at the end of the year, in which they are the 60th, at Unteroffy, in which they are the 45th, and in crews, as well as unserved conscripts, in which they are the 32. Full year of life. Even after that date, the conscription shall be subject to the regulations set out in the second sentence of the second sentence, which are called for in the case of a military or defence case. (2) Insofar as no need is required for the military service of a mutation, the conscripts shall be subject to military surveillance from the date on which it is decided, for the first time, by means of their use. Defensive persons who belong to the law enforcement service of the police are subject to military surveillance from the time of their expelation from this service. (3) The conscripts are exempted from the conscription of the conscription, which
1.
are not capable of military service (§ 9),
2.
are permanently excluded from military service (§ 10),
3.
are exempt from military service (§ 11),
4.
are recognised as conscientiously objectors,
5.
have been involved in civil protection or civil protection for a minimum of four years (§ 13a) or
6.
have provided development workers with at least two years ' development service (§ 13b).
(4) (dropped) (5) (dropped) (6) During the conscription, the conscripts have
1.
, within one week of any change in their home to the District Office of the District Administration, unless they have complied with their general reporting requirements in accordance with the laws of the national reporting laws within that period,
2.
to ensure that communications from the Wehrersatzbehörde (Wehrersatzbehörde) are immediately reached,
3.
to register in person at the request of the competent military authority, in accordance with § 19 (5), sentences 1 to 5, of the relevant application,
4.
, without compensation at any time, carefully kept and cared for, not to use them outside the military service, to exclude improper use by third parties, to the instructions for the treatment of the goods, to submit or return items to the competent department at the request of the competent authority, in accordance with § 19 (5), sentence 2 to 5, and to report their damages and losses without delay,
5.
keep the notice of appeal for assistance in the interior according to § 6c (1), for military service in the event of tension and for military service in the event of defence carefully, not to be used abusively, at the request of the competent authorities to report a loss immediately to the Wehrersatzbehörde (Service Authority),
6.
to the extent that they have served in the Bundeswehr to vaccinate in the prevention of communicable diseases and to tolerate medical interventions in their physical integrity to the extent that they have been used,
7.
shall, at the request of the competent military service authority, submit to the Bundeswehr for the first-time safety inspection and further security checks, with a view to a security-sensitive activity in the Bundeswehr. The implementation of the security screening is determined in accordance with the security review law. There is no need for conscription of the conscription.
To conscripts, which after the end of the year, in which they are 32. The second half-sentence shall not be applied in the second half-sentence of the first sentence of paragraph 1 of the previous year. The number 1 (4) and (5) shall also apply to the period after the end of the military surveillance. (6a) The conscripts have to pay for damages and losses caused intentionally or by gross negligence on the part of the clothing and equipment. . In three years from the date in which the competent authorities acquire knowledge of the damage, the claims for damages shall be committed without regard to this knowledge in ten years from the commission of the act. (7) During the period of In addition, the conscripts must notify the conscripts immediately in writing, electronically or orally to the conscription authorities.
1.
the admission of facts, which establish a military service exception in accordance with § § 9 to 11 (1),
2.
the admission of facts which establish a temporary military service incapacity of at least six months; at the request of the competent authority responsible for the defence, diseases and injuries as well as aggravations of diseases; and Injuries since the examination, inspection, availability or injunctive examination, of which the conscription or his physician assumes that they are of concern for the assessment of their suitability,
3.
the premature departure of the conditions for a resignation,
4.
the degree and a change in their professional training, a change in their profession and a further professional qualification; this means that the conscripts must be submitted immediately upon request to the conscripts.
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§ 24a Change service

For the purposes of sample preparation and conscription monitoring, the reporting authority shall notify the relevant constituency authority of the modification of the following stored data of all male Germans from the age of 17 years until the end of the year in which they the 32. The following year of life has been completed:
1.
family names,
2.
former names,
3.
First names,
4.
doctoral degree,
5.
Day and place of birth,
6.
Nationalities,
7.
current and earlier addresses, main and secondary housing, and, in the case of access from abroad, also the last previous address in Germany,
8.
Day of entry and exit,
9.
Family status,
10.
Death date and place.
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Section 24b Residence procedures

(1) If the conscription authority responsible for the conscription (issuing authority) cannot determine the permanent place of residence of a conscription, it shall transmit it to the Federal Administrative Office for the purpose of determining the location of the conscription the following data on the person of the conscription:
1.
Family names, previous names, first names,
2.
birth date and place of birth,
3.
the last address known to the issuing authority; and
4.
the business sign.
The Federal Office of Administration has to store this data in each case, stating the authority issuing the issuing authority. (2) The Federal Office of Administration has collected the data for the purpose referred to in paragraph 1 at regular intervals in a file to:
1.
military replacement authorities,
2.
the Federal Office of Civil Service,
3.
the Federal Foreign Office, which shall forward it to the diplomatic missions abroad for the purpose referred to in paragraph 1,
4.
the authorities responsible for the police control of cross-border traffic.
These bodies may store and use the data for the purpose to which they have been transmitted to them. If the place of residence of a conscription person is known to those places, they shall inform him of the issuing authority, in so far as there are no special rules on the use of such persons. They shall then immediately delete the data of the person concerned submitted to them by the Federal Administrative Office. The issuing authority shall inform the Federal Administrative Office and the other bodies in accordance with sentence 1 of the fact that the place of residence has been established and that further storage is no longer necessary. These bodies have to delete the data of the person concerned after the notification. (3) The issuing authority shall inform the Federal Administrative Office in good time if the conscription of the conscription is terminated in accordance with § 3 (3) to (5). The Federal Administrative Office has to delete the data of the person concerned at the latest by the end of the compulsory military service; the same applies to the other bodies referred to in the first sentence of paragraph 2, which shall be immediately available by the Federal Administrative Office on the end of compulsory military service. (4) As soon as a file referred to in the first sentence of paragraph 2 has been submitted by the Federal Administrative Office, the bodies referred to in the first sentence of the first sentence of the first sentence of paragraph 2 shall delete the file previously submitted to them.

Section 3
Personnel files

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Section 25 Personal files of unpaid conscription

§ § 29 and 93 (2) (3) of the Soldatengesetz (Soldatengesetz) apply accordingly for the management of the personnel files of undived conscripts. Unofficial table of contents

§ § 26 and 27 (omitted)

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Section 4
Termination of military service and loss of service level

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§ 28 Termination Reasons

The military service ends
1.
by dismissal (§ § 29 and 29b),
2.
in the case of a military exercise, the final date of which shall be determined by the calendar, by the end of the period fixed for the military service, unless the on-call service is ordered in accordance with Article 6 (6) or the case of tension or defence is occurred,
3.
through the conversion of the military service to a civil service in accordance with Section 19 (2) of the Civil Service Act,
4.
by exclusion (§ 30).
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Section 29 Dismissal

(1) A soldier who provides military service in accordance with the provisions of this Act shall be dismissed with the expiry of the period of service laid down for the military service in the notice of appeal; periods for which a soldier has been entered into the force. In accordance with Section 5 (3), first sentence, points 1, 2, 4 or 5, to be ordered on the part of the superiors responsible for the dismissal, shall, in so far as the post-office order may be announced before the end of the regular service period, be placed in the To include dismissal. The first sentence of the first subparagraph shall not apply if:
1.
the end date is determined by the calendar,
2.
a military exercise shall end before the expiry of the period laid down in the notice of appeal (paragraph 7);
3.
On-call service in accordance with § 6 (6) or the case of tension or defence has occurred.
In addition, he must be dismissed if:
1.
the arrangement of the on-call duty pursuant to Article 6 (6) shall be repealed, unless the case of tension or defence has occurred,
2.
its use has ended during the range of tension or defence,
3.
it turns out that the conditions set out in § 1 are not fulfilled or that the soldier's conscription ends in peace,
4.
the notice of appeal is revoked, a mandatory military service exception is available-in the cases of § 11 only after being liberated by the district authority office-or if within the first month of the basic military service within the scope of the Recruitment investigation finds that the soldier is permanently or likely to be temporarily incapaciated for a period of more than one month due to a health disorder,
5.
according to the previous behavior, the military order or the security of the force would be seriously threatened by its failure in the Bundeswehr,
6.
it is recognised as a conscientiously objector, provided that it is not transferred to civil service in accordance with Article 19 (2) of the Civil Service Act,
7.
he has agreed to his preparation for election to the German Bundestag, to a country parliament or to the European Parliament,
8.
it is indigestible,
9.
it is set back in accordance with Section 12 (7).
(2) He is also to be dismissed if he is permanently incapacitated (incapacitated) for the performance of his duties because of his physical condition or for health reasons. He may also be dismissed upon his request if the restoration of his service within the legal military service period is not to be expected. He is obliged to be examined by physicians of the German Armed Forces or by doctors appointed for this purpose. The investigation shall be subject to Article 17 (6). The right of the soldier to seek advice from doctors of his choice shall remain unaffected. The service that is crucial to dismissal may also collect other evidence. (3) (omitted) (4) The soldier may be dismissed if:
1.
the failure in the Bundeswehr for him because of personal, in particular domestic, professional or economic reasons would mean a particular hardship, the Wehrersatzbehörde (Wehrersatzbehörde) was heard, he applied for his dismissal, and this was his justification from the military service in accordance with § 12 paragraph 4
2.
is recognised against him by a custodial sentence or a criminal sentence of three months or more or on a juvenile sentence not suspended for probation, or
3.
the suspension of a juvenile penalty will be withdrawn.
(5) The dismissal shall be provided by the body which would be responsible for the appointment of the soldier pursuant to Section 4 (2) of the Soldatengesetz (Soldatengesetz) or which has been conferred on the exercise of the right of dismissal. The dismissal referred to in the second sentence of the second sentence of paragraph 1 and the dismissal of a military exercise whose final date is not determined by the calendar or which is terminated before the expiry of the period laid down in the notice of appeal (paragraph 7), and the dismissal referred to in paragraph 1 Sentence 3 (6), (8) and (9) shall apply to the next disciplinary officer; the same shall apply where, in the case of a recruitment, tentative or defence case, the temporary incapacity for military service or incapacity for military service shall be as well as in peace in the case of the basic military service, the temporary (6) A soldier who is culpably withheld from his or her troop or office, or who is subject to the enforcement of the notice of appeal, shall be deemed to have been a soldier of his or her duty to serve as a service provider. on which he should have been dismissed if he had served instead. (7) Before the expiry of the period laid down in the notice of appeal, the military exercise referred to in the second sentence of the second sentence of the second sentence of paragraph 1 may be terminated if a supervisor with the following conditions has been appointed to the Disciplinary authority of at least one battalion commander has found that the purpose pursued by the military exercise is eliminated and that there is a different use with regard to training for the existing or future use in a voltage- or in case of defence. Unofficial table of contents

§ 29a Extension of military service in the case of inpatient troop medical treatment

If a soldier who provides military service in accordance with the provisions of this Act is in hospital medical treatment at the time of the dismissal, the military service to which he was convened shall cease to be.
1.
if the hospital medical treatment is terminated, but no later than three months after the date of release, or
2.
if he declares in writing within the three months that he does not agree with the continuation of the military service relationship, with the date of submission of this declaration.
This shall not affect the military service relationship of the soldier. Unofficial table of contents

Section 29b Extension of military service for other reasons

If a soldier is removed from the sphere of influence of the Dientherrn during a special period of expulsion, captivity or other reasons related to the service which he has not to represent, he shall be subject to the expiry of the of the month following the termination of this condition. This also applies to other uses abroad with a comparable risk situation. Unofficial table of contents

§ 30 Exclusion from the Bundeswehr and loss of service level

(1) A soldier who provides military service in accordance with this law shall be excluded from the Bundeswehr if, by judgment of a German court, it is recognized against him by the penalties, measures of measurement or by-consequences referred to in § 10. He loses his degree of service; this shall also apply if he is dismissed due to culpable violation of his duties in accordance with § 29 (1) sentence 3 (5). (2) A conscription loses his degree of service when against him by a German court Detected
1.
to the penalties, measures of measurement or minor consequences referred to in Article 38 (1) of the Soldatengesetz (Soldatengesetz), or
2.
in the event of a deliberate act of deprivation of liberty of at least one year.
(3) A conscientious objector shall also lose his degree of service if he is recognised as a conscientious objector. If, at this point in time, he provides military service in accordance with the provisions of this Act, the loss of service shall enter into force with the end of the military service. Unofficial table of contents

Section 31 Resumation of the procedure

If a judgment with the consequences of § 30 in the retrial is replaced by a judgment which does not have these consequences, the loss of the degree of service shall be deemed not to have occurred. The termination of the military service by means of an exclusion may not be invoked to the detriment of the person concerned for the performance of the compulsory military service.

Section 5
Appeal; Legal remedies

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§ 32 Legal Way

Legal disputes in the implementation of this law shall be the administrative right. Unofficial table of contents

Section 33 Special provisions for the preliminary procedure

(1) The objection to administrative acts resulting from this Act by the conscription authorities shall be made in writing or in writing to the Authority, which shall be responsible for the administrative act, within two weeks from the date of notification of the date of the act. . The time limit shall also be maintained by deposit with the authority which has to take the notice of opposition. (2) The appeal against the model notice (§ 19 (4)) has suspensive effect. (3) On the appeal against the letter of the model decides the military area administration. § 19 applies accordingly. (4) Over the appeal against the notice of appeal (§ § 21 and 23), the military area administration decides. The opposition to the notice of appeal, the opposition to the annulment of a notice of appeal and the opposition to the decision of the Taugness examination have no suspensive effect. (5) Is the model notice unquestionable , an appeal against the notice of appeal is admissible only in so far as a violation of the law is asserted by the notice of appeal itself. Unofficial table of contents

Section 34 Legal remedies against decisions of the Administrative Court

The appeal against a judgment and the appeal against another decision of the Administrative Court are excluded. This does not apply to the complaint against the non-authorisation of the revision in accordance with § 135 in conjunction with Section 133 of the Administrative Court order and the appeal against decisions on the legal path pursuant to § 17a (2) and (3) of the Law of the Court of Justice. Pursuant to Article 17a (4) sentences 4 to 6 of the Law on Legal Affairs, the appeal against decisions on the legal path shall be applied in accordance with the law. Unofficial table of contents

Section 35 Special provisions for the action of appeal

The tentative action against the letter of examination, the action against the examination of the Taugness examination, the action against the notice of appeal and the action against the annulment of the notice of appeal do not have any Suspensive effect. The court may, upon request, order the suspensive effect. Prior to the arrangement, the military area administration is to be heard.

Section 6
Limitation of fundamental rights, special, fine and transitional provisions

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§ § 36 to 41 (omitted)

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Section 42 Special provisions for members of the police enforcement service

(1) Conscripts who belong to the law enforcement service of the police or who are accepted by written communication are not used for the duration of their affiliation. (2) The competent authorities shall be obliged to: Revocation of an acceptance certificate as well as the withdrawal from the law enforcement service to the responsible district authority's office. The same applies if, in spite of acceptance, the conscripts do not perform their service in the law enforcement service of the police. (3) For the use of conscripts who have served in the law enforcement service of the police service, § 23 shall apply accordingly. Unofficial table of contents

Section 42a Cross-border protection

Men who, according to the Federal Border Protection Act of 18 August 1972 (BGBl. I p. 1834) are required for the police execution service in the Federal Border Guard (Border Protection Service), and cannot be used for military service. The service provided in the Federal Border Guard is to be applied to the basic service. Unofficial table of contents

§ 43 (omitted)

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Section 44 Delivery, Management and Delivery

(1) A decision taken in the implementation of this Act shall be notified. This shall not apply to administrative acts which favour it. In the case of a minor, it must be sent to the minor himself. A notice of appeal for assistance in the interior (§ 6c), assistance abroad (§ 6d) or a military exercise ordered as a stand-by service (§ 6 paragraph 6) or which takes no longer than three days as an alarm exercise can also be (2) In the case of conscripts, who are responsible for the collection, the collection, the conscripts, the conscripts, the conscripts, the conscripts, the re-medical examination, the examination of the availability, the In the event of an aptitude test or an invitation by the Wehrersatzbehörde (Wehrersatzbehörde) to report in person (Article 24 (6), first sentence, point 3), the screening may be arranged; the same shall apply to the male persons who are the Acquisition of an inexcusable distance (§ 15 (6)). The police may be asked to carry out the operation. (3) The police may be asked to supply conscripts, who are not required to be convened, to the next field service command. (4) The police are authorized to do so, for the purpose of the Show or supply the apartment and other rooms of the conscription and search for it. The same applies, except at night time, to other apartments and rooms if the conscription is withdrawing from an imminent access by the police by entering such apartments and rooms. Measures in accordance with sentences 1 and 2 require a judicial order to be brought into force by the Wehrersatzbehörde (Wehrersatzbehörde). In so doing, the court may depart from a prior hearing of the conscription or proprietor, if it considers it necessary, in order not to endanger the purpose of the measure. Persons who have a conscientious objecting to the conscription have to enter and search for the apartment and other rooms. We must avoid undue hardship against fellow confisers. The arrangement is to be shown during the search. The administrative court in whose district the search is to be carried out shall be responsible for the judicial order of a search. The fundamental right of inviolability of the apartment (Article 13 of the Basic Law) is restricted to this extent. Unofficial table of contents

Section 45 Penbual provisions

(1) Contrary to the law, those who intentionally or negligently act
1.
, contrary to the second sentence of Article 17 (3), second sentence, sentence 4, no information is provided, not correct, not complete or not provided in good time, or does not submit a document, not correct, not complete or not in good time,
2.
(dropped)
3.
, contrary to Article 24 (6), first sentence, point 3, does not register or report in due time
4.
Contrary to § 24 (6) sentence 1, point 5, a communication referred to there is not kept carefully or not for the prescribed period, used in an abusive manner or not, or not presented in due time, or not a report or not a notification in time,
5.
an enforceable order in accordance with § 48 (1) (5) sentence 1, or
6.
Article 48 (2) (1) does not report or refund a report in good time.
(2) The administrative offence can be punished with a fine. (3) The administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences is the constituency replacement office. Unofficial table of contents

§ § 46 and 47 (omitted)

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Section 48 Rules relating to the case of preparedness, tension and defence

(1) The following special provisions shall apply if military exercises are ordered as a standby service in accordance with Section 6 (6):
1.
Provisions in accordance with § 12 (2) and (4) may be revoked in the case of on-call time by the District Replacement Office, unless the use of the military service for the conscription would constitute an unreasonable hardship. In accordance with § 13b, conscripts not previously used for military service can be patterned and convened.
2.
(dropped)
3.
The opposition to the model notification (§ 19 (4)) does not have suspensive effect (§ 33 (2)).
4.
In the case of conscription of conscripts who have already served in the Bundeswehr, § 23 sentences 2 and 3 are not to be applied. The examination shall be considered as an investigation.
5.
On the order of the Federal Government, male persons have to do so after completion of the 17. Life Year
a)
to make provision for communications from the Wehrersatzauthority to reach them without delay, even if they are not subject to military surveillance,
b)
to obtain a permit from the relevant constituency ' s replacement office if they wish to leave the Federal Republic of Germany,
c)
to return immediately if they reside outside the Federal Republic of Germany, and to register with the competent or next constituency replacement office.
This does not apply to male persons who have their permanent residence outside the Federal Republic of Germany or to German services or to public or national organisations outside the Federal Republic of Germany. (2) In the case of tension and defence, paragraph 1 (1) shall apply. (2) In the case of the case of tension and defence, the following shall apply: (2), (3) to (5) and the following provisions:
1.
The notification in accordance with section 24 (6), first sentence, number 1 shall be refunded within 48 hours; § 24 (6), first sentence, point 1, paragraph 1, subparagraph 2 shall not be applied.
2.
Defensive persons who have applied for their right to refuse the war service with the weapon can be called to the civil service before deciding on their application for a determination.
3.
Provisions in accordance with § 12 (2), (4), (5) and (7) shall not apply. Rejections in accordance with Section 12 (4) are permissible if the use of the military service for the conscription would constitute an unreasonable hardship.
4.
Defensive persons who are returned from military service in accordance with § 12 (2) shall be convened on request for a medical service.
5.
Defenders who register for voluntary entry into the Bundeswehr may be served by an officer in the position of a battalion commander or in a corresponding service as soldiers who perform military service on the basis of compulsory military service. the lowest level of personnel or their last degree of service reached in the Bundeswehr, if the convocation is not possible by the responsible constituency replacement office.
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§ 49 (omitted)

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Section 50 Responsibility for the adoption of legal regulations

(1) The Federal Government shall adopt the legal regulations on the
1.
Jurisdiction and the procedure in the case of the indisputable position (Article 13 (2)) and
2.
Reimbursement of expenses (§ 19 (5) sentence 6).
(2) The legal regulation referred to in paragraph 1 (1) requires the consent of the Federal Council. Unofficial table of contents

Section 51 Restriction of fundamental rights

The fundamental rights of physical integrity (Article 2 (2) sentence 1 of the Basic Law), the freedom of the person (Article 2 (2) sentence 2 of the Basic Law), the free movement of persons (Article 11 (1) of the Basic Law) and the inviolability of the Apartment (Article 13 of the Basic Law) shall be restricted in accordance with this Law. Unofficial table of contents

Section 52 Transitional provision

To conscripts that are prior to the entry into force of the Law of 31 July 2008 (BGBl. I p. 1629), § 13 (1), first sentence, shall continue to be applied in the version valid up to that date. Unofficial table of contents

Section 53 Transitional provision on the occasion of the German Law on the Law of Amendment 2010

(1) Conscripts who have served six months or longer on 31 December 2010 shall be dismissed with the end of this day. They may, upon request, pay for the duration of the period prescribed by 30 November 2010 if they apply for it before they are dismissed. (2) For conscripts not covered by paragraph 1 and who are part of the basic military service pursuant to § 5 (1a) in the version valid until 30 November 2010, the period of service shall be reestablished in accordance with the provisions of Section 5 (2) in the version in force as from 1 December 2010. The second sentence of paragraph 1 shall apply accordingly. (3) Compulsory conscripts who have committed themselves pursuant to Article 13a (1), first sentence, in the version in force until 30 November 2010 shall be subject to an application from 1 December 2010 if they are to be subject to the application of the provisions of the second sentence of 1 December 2010. shall have completed the commitment period provided for.