Article 403 of the Criminal Code – Lawyer in the case of failure to comply with an order

With the beginning of a full-scale war, the number of cases involving the military increased. In particular, we are talking about non-fulfillment of command orders. Legislatively, this issue is enshrined in Article 403 of the Criminal Code. Lawyers Prykhodko and Partners provide effective legal assistance to all military personnel. We will support our clients at any stage of criminal proceedings.

Composition of the crime under Article 403 of the Criminal Code

The objective side of the crime under Article 403 of the Criminal Code is inaction. That is, punishment threatens persons who do not carry out the lawful orders of the military commander (or carry out not fully, inaccurately). Thus, there are 2 sides:

1. Deliberate failure to comply with an order.
2. Open refusal to comply with the military orders of the command.

At the same time, it is important to pay attention to such an important factor as the nature of the orders given to the military. Orders must be clear and specific. This will help to avoid double understanding of orders.

Important: commanders' orders must be legal and issued only within the competence of this or that official. If we are talking about logistical, personnel or financial orders, they are issued only in writing.

Liability under Article 403 of the Criminal Code occurs when it leads to serious consequences:

• Failure of a combat mission.
• Occurrence of large material damage.
• Undermining discipline among other military personnel.
• Occurrence of accidents, disasters, mass poisonings, etc.

As for the subjective side of the crime under Article 403 of the Criminal Code, it is a careless form of guilt. It is expressed in the form of criminal self-confidence or carelessness.

We will consider in more detail the cases when the order was illegal. If the order given by the commander contradicts the current Ukrainian legislation, the serviceman must inform the command about it. In such cases, we recommend writing a report in which all the circumstances of the case will be indicated.

Liability under Article 403 of the Criminal Code

Liability under Article 403 of the Criminal Code is contained in 3 parts of this article:

1. Imprisonment for up to 2 years.
2. Service restrictions up to 2 years.
3. Deprivation of liberty for a term of up to 5 years (in case of committing an offense under martial law).
4. Imprisonment for up to 7 years (for committing an offense by a group of persons).

Assistance of professional lawyers under Article 403 of the Criminal Code

In the conditions of martial law, offenses committed by the military are quite complex from the point of view of the modern legal framework. In particular, there are quite a lot of pitfalls in the Criminal Code of Ukraine. Article 403 of the Criminal Code is not an exception.

That is why, if you or your loved ones are accused under Article 403 of the Criminal Code, the first thing to do is to use the help of professional lawyers. Prykhodko and Partners specialists will be able to qualitatively protect your legal rights and interests.

We have extensive experience in conducting cases under Article 403 of the Criminal Code. We provide all services exclusively in the current legal field. An individual approach to each specific case is a reliable guarantee of obtaining a favorable result for our clients.

If you contact a lawyer in a timely manner, you will be able to record the circumstances and reasons that preceded the non-fulfillment of orders. Lawyers Prykhodko and Partners will be able to gather evidence and facts to build an effective line of defense. in the future, this will be the basis for confirming the absence of a crime.

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