A lawyer under Article 407 of the Criminal Code – What is the responsibility for the voluntary abandonment of a military unit during martial law?

During the period of martial law, issues of military discipline and military order are of crucial importance for ensuring national security. Committing war crimes can become a threat to solving strategic tasks and maintaining the security of military formations. Arbitrary desertion of a military unit, which is regulated by Article 407 of the Criminal Code of Ukraine, should be included among the most common offenses. If they want to prosecute you under this article, we advise you to use the professional help of a criminal lawyer of the company "Prikhodko and Partners".

What is an arbitrary abandonment of a part?

Arbitrarily leaving a military unit or place of service is evasion of military duty by not returning to the place of military service where the service should continue. Quite often this happens after granting permission for vacation, leave at the place of duty or stay in a hospital or other medical institution.

Such actions of a serviceman as:

1. leaving the military unit, if there is permission from the leadership of the military unit;
2. regrouping to the new location of the military unit;
3. execution of the commander's order;
4. making a business trip;
5. rotation;
6. stay on vacation;
7. training;
8. undergoing treatment, etc.

What are the consequences for voluntarily leaving a military unit/place of service?

During martial law, the responsibility for committing war crimes increases, in particular, for voluntarily leaving a military unit/place of service, the penalty is imprisonment from five to ten years in accordance with Article 407 of the Criminal Code.

Importantly! The time of stay in the SZH does not affect the existence of criminal liability. It can affect only the term of punishment for committing a crime. The court takes into account all the circumstances of the case and, in accordance with them, assigns the degree of responsibility.

In addition to criminal liability, servicemen may also be subject to disciplinary measures in the military. Entering information into the EDPR about SZH may lead to the following consequences:

• exclusion from the military formation;
• dismissal from office;
• termination of financial, material and food needs;
• detention by law enforcement agencies / DBR / VSP.

Legal options for dismissal from the place of military service

In the event that a serviceman realizes that he cannot continue his military service, he should first of all seek help from his commander and make efforts to find a way out of the situation.

If mutual understanding was not found with the commander and the serviceman still wants to leave the military unit, it is necessary to first consult with a lawyer. The criminal lawyer of the legal company "Prikhodko and Partners" will consult and provide you with all the necessary legal assistance to solve your problem in the shortest possible time.

Assistance of a criminal lawyer under Article 407 of the Criminal Code

When choosing a lawyer, pay attention to such aspects as:

• Experience: Choose a specialist with positive experience in the field of criminal law and a specific article of the Criminal Code.
• Reputation: Find out about the lawyer's reputation, previous cases and client reviews.
• Transparency and honesty: Choose a lawyer who will be transparent in dealing with the possible risks and prospects of your case;
• Cooperation: It is necessary that the criminal lawyer is ready to listen to you, taking into account your opinion and concerns about the case.

If you are accused of violating Article 407 of the Criminal Code of Ukraine, we recommend contacting the law firm "Prikhodko and Partners", because our lawyers have extensive experience in protecting the rights and interests of clients in criminal cases. Our team is always ready to make every effort to protect your right to a fair trial and establish the validity of your position before law enforcement agencies.

If you have any questions, we look forward to your preliminary consultation! Fill out the form below to calculate the cost of a lawyer's services under Article 407 of the Criminal Code.