Article 408 of the Criminal Code – Lawyer in case of Desertion

War is a rather complex and long process. Much in this war depends on the military. That is why a lot of attention in the modern Criminal Code of Ukraine is devoted to Article 408 — desertion. In this article, we will consider what liability is provided for in this article. We should also note that if you need the help of professional lawyers under Article 408 of the Criminal Code, the specialists of our Prykhodko and Partners law office will help protect your legal rights and interests.

Actions under Article 408 of the Criminal Code under martial law: specifics

At the heart of desertion are criminal acts that consist in voluntarily leaving a place of service or a military unit. The main purpose of such actions is to evade military service. Quite often, such concepts as "desertion" and "SZCH" are confused with each other. Desertion is also voluntary leaving the place of service, however, not temporary, but permanent. At the same time, I have no legal justification for such actions.

The main thing is not the number of days of absence of a serviceman, but the presence of the guilty party's intention.

Under martial law, the maximum penalty for desertion is imprisonment for up to 12 years. That is why each specific case should be considered individually.

Composition of the crime under Article 408 of the Criminal Code

The object of illegal actions under Article 408 of the Criminal Code is the procedure for completing military service established by current Ukrainian legislation. As for the subject of the crime, it is the person of a military serviceman.

Now let's consider the objective and subjective side of the criminal offense under Article 408 of the Criminal Code:

The main content of the objective side: arbitrary leaving the place of service or a military unit; untimely return to duty from vacation, business trip or medical facility.

Voluntary abandonment of the place of service is considered a completed crime from the moment when the serviceman left the place of his service.

The subjective aspect of illegal actions under Article 408 of the Criminal Code is the presence of direct intent combined with the intention to permanently evade military service.

In the case of desertion, the period of absence of a serviceman is of no importance. The number of days of absence can affect only the punishment. It also does not matter at what exact moment a person began to think about evading military service: at the moment when the serviceman voluntarily left the military unit or already during his stay outside of it.

Assistance of a lawyer under Article 408 of the Criminal Code

So, in the event that you are charged under Article 408 of the Criminal Code, the first thing to do is to enlist the support of professional lawyers. Lawyers Prykhodko and Partners provide consulting and full legal support. We will make all necessary efforts so that you are released from criminal liability or the term of punishment is significantly reduced.

Indeed, in wartime liability for desertion is a serious enough problem. There are situations when accusations under this article have nothing to do with reality. Our lawyers are ready to provide you with the necessary assistance in solving problems related to desertion. We have the necessary theoretical and practical experience in effectively protecting the interests of military personnel and their families. Thus, we ensure the desired result.

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