The Disziplinarverfahren is a procedure, in which a possible service passing is examined by officials, judges or soldiers and sanctioned if necessary. Legal basis in Germany is federaldiscipline-bad-sets (BDG) and/or the respective land regulations valid for national officials.

Employees do not fall under these regulations. To it the normal sanctions of the industrial law apply such as warning and extraordinary notice.

Disziplinarverfahren with officials and judges

Become if facts admits, which justify the suspicion of a service passing, the service superior arranges the Vorermittlungen necessary for the clearing-up of circumstances. After conclusion of the determinations the service superior must decide after discretion whether the Disziplinarverfahren is to adjust or be introduced a formal Disziplinarverfahren.

A service passing is present, if the official imprisonment for debt it being incumbent on obligations hurt (see "§ 77 exp. 1 federal official law). By this official obligation injuries do not only fall. Also serious failure in the private sector can release a Disziplinarverfahren (e.g. with pending criminal procedure/proceeding for assessing fines), if the passing doubt about the personal suitability raises (a policeman is if e.g. condemned because of bodily injury) or is suitable to damage the reputation of the own agency.

The official is to be informed about the introduction of the Disziplinarverfahrens. It must be informed about it, which service passing is put to it to the load. It is to be pointed out at the same time that it is open it to express themselves verbally or in writing or not state and of an authorized person or an assistance at any time avail themselves to the thing.

In addition, the official can request with the service superior or the higher service superior the introduction of a Disziplinarverfahrens against itself, in order to relieve themselves from the suspicion of a service passing or to arrange on this indirect way the determination against third.

The catalog of possible disciplinary actions is exactly fixed. Possible measures are:

• Reference
• Fine
• Shortening the service purchases
• Transfer into an office the same career with smaller final round content (not in the Federal Law)
• in the length of service
• Distance from the service
• Shortening the Ruhegehalts
• Deprivation of the Ruhegehalts

With officials on sample or officials on revocation only the reference and the fine, with honour officials only reference, are fine and distance from the service, with Ruhestandsbeamten only shortening the Ruhegehalts and the deprivation of the Ruhegehalts permissible.

Disapproving expressions those not expressly as reference characterized are, are no disciplinary action.

The deprivation of the test license with university teachers (among experts a humiliating) is not a legally specified measure.

Are indicated if a reference, a fine, a shortening of the service purchases or a shortening of the Ruhegehalts, such a measure is expressed by .

Is to be recognized against the official on on distance from the official relationship or on deprivation of the Ruhegehalts, Disziplinarklage is to be raised against it. The administrative jurisdictionn is responsible. With the Administrative Courts chambers are furnished and with the higher administrative courts of senates for Disziplinarsachen.

Disziplinarrecht with soldiers

The following measures can be imposed:

• simple disciplinary actions:
  • Reference (blame one communicates to the soldier)
  • strict reference (reference the troop one announces)
  • Disziplinarbusse
  • Output restriction
  • Disziplinararrest (3 days until 3 weeks)
• judicial disciplinary actions
  • Shortening the service purchases
  • Transport prohibition
  • Reduction in the salary bracket
  • Rank reduction
  • Distance from the service relationship
  • Shortening the Ruhegehalts
  • Deprivation of the Ruhegehalts

Simple disciplinary actions may be imposed by the Disziplinarvorgesetzten and the troop service courts in the context of judicial Disziplinarverfahren, judicial Diszplinarmassnahmen only by the troop service courts.

The service passing is at the same time a criminal offence (e.g. simple bodily injury, damage) can the Disziplinarvorgesetzte the public prosecutor's office inform, if this is required to authors for the maintenance of the military order or because of the kind of the act or the debt. It concerns a heavy criminal offence (e.g. dangerous bodily injury, drunkennessness to tax, homicide) must the public prosecutor's office be informed. The Disziplinarverfahren is then accomplished after the criminal procedure. By the service passing if a weir meeting act (e.g. treatment, desertion, mutilating) was committed, then the public prosecutor's office must be likewise informed.

One finds details to the Disziplinarverfahren of the soldiers under military disciplinary regulation.

Articles in category "Disziplinarverfahren"

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