Military Justice - Germany

Germany

Members of any branch of the Bundeswehr, the German armed forces, are subject to the ordinary civil jurisdiction and unless otherwise stated all civil laws apply to soldiers as well.

The German constitution allows the federal government in art. 96 II to create military courts under special circumstances: in times of war, outside of Germany or on a German vessel, acting under a legal judge and only for members of the armed forces. In fact, no such laws have been enacted so far. Instead, suspects of crimes committed abroad are subject to the district attorney of the city of Potsdam. The reason is that the operational headquarters (Einsatzführungskommando) is located there.

Nonetheless, there exist numerous acts that only concern soldiers describing their special status, their rights and duties. The military penal code (Wehrstrafgesetz) applies to soldiers by extending the civil penal code (Strafgesetzbuch) to crimes that can be only committed on military duty: General offenses (such as desertion, illegal use of weapons and more) and offenses that interfere with the military hierarchy (such as mutiny or abuse).

Law enforcing inside any branch is done by the military police, the Feldjäger. When investigating, working for the attorney is equivalent to any German police in civil issues. In cases of both groups involved (on German terrain), regular and military police cooperate. In emergencies, the regular police is authorized to maintain order until the military police has arrived.

Soldiers that violate military regulations may also receive penalties in form of Non-judicial punishment or in severe cases judicial punishments by a special type of court. These procedures are defined by the military discipline code (Wehrdisziplinarordnung, WDO). Note: the WDO describes how to proceed on offenses that are not (yet) covered by the military penal code but clearly against a military regulation. The head of the unit as immediate superior who acts as primary disciplinary master has the exclusive right to choose: non-judicial punishment (such as fines, curfews, arrests up to 7 days), forwarding the decision to the next superior officer of the unit (arrest then can be extended up to 21 days) or calling the military service court (Truppendienstgericht) which has the power for further punishment (like degradation and shortening the salary up to five years). The judge of such a court is a civil one, two military officers are attending every case and act as consultants to the judge.

In Germany, there are no federal or military prisons. If a soldier is sentenced to jail for up to six months, the punishment is executed by the soldier's barracks administration. He will remain in arrest for the same time but continue serving in his unit on duty times unless the court has imposed further limits. Otherwise soldiers will be detained in civil state prisons. In the case of a soldier being sentenced to jail for one year or more (6 months or more in case of bribery) he will be discharged from the armed forces.