Photo: AP Photo/Mindaugas Kulbis
The marriage may have been on the verge of dissolution, but for the Bundeswehr, loyalty to one's comrade was still strong. The Federal Administrative Court has decided that German soldiers can be punished for committing adultery with the wives of their comrades
Sexual relations with the wife of a fellow soldier can mean disciplinary action against the soldier Bundeswehr.
This was decided by the Federal Administrative Court in Leipzig on Friday, regarding one case, he writes Deutsche Welle (DW).
According to the court's explanation, it is not adultery that is punished, but the violation of the "community" of the troops, which is prescribed by the Law on Soldiers.
Participation in adultery, says the court, "can put a lot of strain on everyday life in the military community, as well as the willingness to be there for each other in crisis situations."
What is the case about?
Specifically, it was about the case of a non-commissioned officer German Bundeswehr who slept with the wife of a friend, a soldier of the same battalion.
That soldier temporarily separated from his wife and moved out. The non-commissioned officer had sexual relations with the woman in the couple's apartment.
After a few weeks, that love affair ended, and the marriage of these two fell apart.
The military service court sentenced the non-commissioned officer to a promotion ban and salary reduction. The prosecutor's office in charge of army discipline also turned to the Federal Court for an opinion.
The marriage still existed.
The judges took as a mitigating circumstance the fact that the non-commissioned officer was exemplary in his service and that he did not think he was committing a crime.
That's why they judged that the promotion ban is too strict, but that his salary can be temporarily reduced.
It is irrelevant, the court judged, that the married couple lived apart at the given moment because the marriage still existed.
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