Malfeasance in office

A misconduct is a culpable violation of official duties or the off-duty behavior by officials, soldiers, civil service, judges or notaries. When a service offense a suspected disciplinary proceedings against the person concerned.

Officer

In Germany the misconduct of officials in the Federal Civil Service Act (BBG ), the official laws of the countries and other special laws is defined. The officer commits a disciplinary offense if he culpably violates his obligations. A behavior of officials outside of the service is a service offense if it is suitable to the circumstances of the individual case to a particular degree to impair the respect and trust in a momentous for his office or the reputation of the civil manner.

Duty Illegal conduct within the service exists when the officer against his officials duties contrary ( eg breach of official secrecy, accepting rewards or medals without permission of the superior, engaged in an unauthorized ancillary activity ).

Duty Illegal conduct outside of the service is one that ends in a criminal or administrative penalties. But even inappropriate behaviors (eg, in public drunk rampage, operating in political associations who oppose the free democratic basic order ) are punishable as a service offense if the immediate superior learning of them. About criminal proceedings against the officials of the superior is regularly informed by the prosecutors, as these according to the arrangement applicable to communication in criminal matters ( MiStra ) to pass on the information.

Retired civil servants

Even retired civil servants and retired from the service soldiers are subject to some degree of obligation to avoid duty misconduct, including, in particular, the prohibition of operating against the free democratic basic order and the prohibition of participation in efforts aimed at the existence or security of the affecting Federal Republic of Germany.

Damages

In case of intentional or grossly negligent misconduct that have resulted in harm, the officer is to compensate for the loss sustained bound ( § 75 BBG ).

Soldiers

A soldier commits a disciplinary offense if he / she ( negligent or even intentional ) his / her official duties, which the soldiers Law culpably (§ § 7-71 SGVorlage: § / Maintenance / buzer ) are listed, violated ( § 23Vorlage: § / maintenance / buzer SG).

Depending on the severity of the misconduct, a Disciplinary Action, a simple disciplinary action or a judicial disciplinary action. These penalties are specified in the Military Disciplinary Code ( WDO ).

The compensation is regulated similarly to officials.