Non-judicial punishment

The Military Disciplinary Code ( WDO ) controls in the Federal Republic of Germany as evaluating special benefits and the punishment of misconduct by soldiers of the Bundeswehr. For special services " formal recognitions " are pronounced, misconduct may be subject to disciplinary measures. Both types of disciplinary action shall be entered in the personal file of soldiers, with a disciplinary action during a misconduct will be deleted after a period of three years.

Simple disciplinary measures may be imposed by the disciplinary superior court only by the troops serving dishes.

2.1 Competent authorities for the recognition

Disciplinary action

Simple disciplinary measures

As a simple disciplinary measures may be imposed:

Reference: blame is put on record and communicated to the soldiers from the managers
Strict reference: Mint is published in the presence of the person concerned before the service same degree and higher degree of service soldiers of the unit
Disziplinarbuße up to the amount of the monthly payments that are less than a month afford service at soldiers, up to the amount they are entitled to
Output restriction: the official accommodation must not be abandoned, in addition it can be determined that no visit must be received and common areas may not be entered ( difficult starting restriction ). It takes at least a day and a maximum of three weeks, and may be imposed only against soldiers, who are obliged to live in the official accommodation.
Disciplinary Arrest: duration at least three days and a maximum of three weeks; only after judicial approval.

Deprecating remarks made by the disciplinary superiors are only a reference when it is put on record and communicated to the soldiers as a reference.

Coexistence may be imposed:

Disciplinary arrest and output restriction
In unauthorized absence of the soldiers of more than one day: output restriction and Disziplinarbuße or disciplinary arrest and Disziplinarbuße

Judicial disciplinary action

Judicial Disciplinary measures are:

Salary reductions: at least 1 /20 to at most 1/ 5 for the period of six months to five years
Transport ban for one to four years
Reduction in grade, if the grade comprises two grades, such as Captain (A 11 and A 12), Lieutenant Colonel (A 14 and A 15), Colonel (A 16 and B 3 )
Rank reduction: unlimited, at officers only to the lowest ranks of the career (eg lieutenant, staff physician, pharmacist rod, rod veterinary, Captain, Major ), in professional NCOs only up to sergeant.
Removal from service: after discharge maintenance fee of 50 % of final salary, the court may exclude the alimony for serious misconduct.
Reduction of the pension: only ex-soldiers
Withdrawing the pension: only ex-soldiers
Withdrawing the service level: it will void the authority as a former soldier of the rank with the addition of aD to lead.

Disciplinary powers

The disciplinary power may be exercised only by officers and the Federal Minister of Defence. The power is available only to law enforcement officers whose troops official superiors and the superiors in similar capacities, were empowered by the Federal Minister of Defence. The authority is bound to the service position and can not be transferred, but it automatically goes in the prevention of the holder transfers to the deputy, if he is an officer, otherwise it goes to the next higher disciplinary superiors about. Violations of medical officers against medical duties are punishable always by the superior medical officer (technical supervisor ), even if this violation coincides with a violation would be punished by the troops official superiors.

Disciplinary powers due to the service position

The disciplinary authority is initially guided by the service position:

Company commander or an officer in a relevant capacity: Authority to NCOs and men: reprimand, severe reprimand, Disziplinarbuße, output restriction, disciplinary arrest, up to seven days
Power against officers: Reference

Authority to NCOs and men: all simple disciplinary measures
Power against officers: all simple disciplinary action (except disciplinary arrest )

In addition, the supervisors have the appropriate disciplinary authority in each respective service positions. Who is in a relevant capacity, is determined by the Minister.

A disciplinary authority has the next higher level disciplinary authority if the other appropriate disciplinary superiors can not be reached and immediate intervention is required to maintain military discipline. Conversely, take the next higher disciplinary superiors at the same conditions, measures of lower superiors.

Responsible for the prosecution of a service offense is always the lowest disciplinary superiors. The next higher disciplinary superior is responsible if the next disciplinary superiors itself is involved in the fact, in a temporary subordination of the act was committed by a service level peers or grade higher or a confidence man has committed the offense in certain cases. The next higher disciplinary superiors is also responsible if the Competent reports that his disciplinary authority is not sufficient, he is personally injured by the act or he considers himself self-conscious.

Disciplinary powers in cases where immediate action is required

The right disciplinary authority in cases where immediate intervention to maintain the military order is necessary to have the local commander, the leader of especially compiled departments and officers in similar service positions when they have no higher own disciplinary authority because of his position. The extent of its power is guided by the rank; with representatives of the rank of Deputy shall prevail:

Lieutenant, lieutenant, captain or staff captain and officers with appropriate grade as a company commander
Major or Lieutenant Colonel or officers with appropriate grade as a battalion commander
Colonel or higher ranks or officers with appropriate rank have disciplinary powers of the highest level

Chief medical officers of the Bundeswehr hospital may exercise disciplinary authority, if that intervention is required immediately.

Formal recognition

Special Services in the form of exemplary performance of duty or outstanding individual actions can be assessed by a formal recognition. This can be in the form of a publication in the order of the day, done in the company or in the Ministerial command of the Ministry of Defense, in addition up to 14 working days special leave may be granted.

Formal recognition may only be granted if the personality of the soldier justifies it and the recognition is appropriate also to his comrades. Approval may be withdrawn if it subsequently that the soldier was not worthy.

Competent bodies for the recognition

For the issuing of formal recognitions are responsible:

Company commander, disciplinary superiors in a comparable position or higher disciplinary superiors: recognition in the company or order of the day
Federal Minister of Defence: recognition in the Ministerial

The duration of special leave, which may impose a supervisor depends on its position from:

Company commander or disciplinary superiors with similar disciplinary power: maximum of five days
Battalion commander or disciplinary superiors with similar disciplinary power: maximum of seven days
Regimental commander or disciplinary superiors with similar disciplinary power: up to 14 days

Then the supervisor is responsible for approving the timing of special leave, which also approved vacation.

Malfeasance in office

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