Arbitrarily leaving the battlefield or refusing to act with a weapon – the help of a lawyer, the algorithm of actions under Article 429 of the Criminal Code of Ukraine

The military oath and statutes impose a number of duties on servicemen, including: protection of Ukraine, observance of discipline during service, and performance of assigned combat tasks. Arbitrarily leaving the battlefield or refusing to act with a weapon is a crime punishable by 5 to 10 years (according to Article 429 of the Criminal Code of Ukraine). What to do in this situation? Of course, you will need the help of a lawyer who can draw up an algorithm of actions for your defense. This is one of the activities of "PRIKHODKO & PARTNERS" lawyers.

Public danger of refusing to act with weapons or voluntarily leaving the battlefield - weakening the combat capacity of the Armed Forces of Ukraine, disrupting the organization of combat operations, instilling panic in the ranks of the military.

Arbitrarily leaving the battlefield is a crime

In accordance with Article 429 of the Criminal Code of Ukraine, the object of the crime is the behavior of military personnel during combat, as well as the procedure that ensures they fulfill their military duties in combat.

The objective side of the crime:

1. Voluntary abandonment of the battlefield.
2. Refusal to use weapons during combat.

A battlefield is a plot of land, air or sea space in which a battle is fought.

Battle time - the duration of the battle. Its beginning and end are regulated by the orders of the chief (commander).

So:

Voluntary abandonment of the battlefield – abandonment of both a place in a trench and in any battle order during defense or offensive, i.e., evasion of anti-aircraft, air, sea combat.

Refusal to use a weapon during combat can be expressed in a statement by a serviceman in which he expresses unwillingness to use a weapon or in a direct refusal to use a weapon during combat.

If there is not only a refusal to act with a weapon, but also intentional damage or destruction of military supplies, weapons, this qualifies as a set of crimes provided for by Articles 411 and 429 of the Criminal Code of Ukraine.

Arbitrarily leaving the battlefield or refusing to act with a weapon is a crime that is subjectively characterized by direct intent. Motives - frivolity, cowardice or others. If the motive of the actions is against the state, it qualifies as treason.

If we are talking about voluntary abandonment of a place of service or a military unit, committed by persons under martial law or in a combat situation, they are punished by imprisonment for a term of 5 to 10 years.

Algorithm of actions under Article 429 of the Criminal Code of Ukraine

The legal status of a serviceman who is suspected or accused of committing a criminal military violation is almost the same as that of a civilian. In other words, the accused has all the procedural rights provided for in Article 42 of the Criminal Code of Ukraine.

If you are suspected of voluntarily leaving the battlefield or refusing to act with a weapon, you will need the help of professional lawyers. Employees of our company "PRIKHODKO & PARTNERS" will do everything necessary so that you can get out of the situation with the least losses. At a preliminary consultation, our lawyers will deal with the circumstances of your specific situation and will draw up an action algorithm for effective protection in court.