Фото: Desertion lawyer (Article 408 of the Criminal Code) – Defense in court in desertion cases

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Panasenko Oleksiy

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Desertion lawyer (Article 408 of the Criminal Code) – Defense in court in desertion cases

Reading time: 3 min.

Very often, during mobilization, during military service, or when performing combat tasks, military personnel or their superiors may violate the current legislation of Ukraine. Recently, court cases related to accusations of "desertion" have intensified. A desertion lawyer will help save the nerves and time of those accused under Article 408 of the Criminal Code. Defense of military servicemen in desertion cases is one of the areas of activity of "PRIKHODKO & PARTNERS" lawyers.

Accusation of desertion: Article 408 of the Criminal Code of Ukraine

Desertion is one of the most dangerous military crimes, the commission of which leads to the demoralization of the army and the fall of military discipline. According to the current Ukrainian legislation, desertion is a serious crime, especially if it is committed under martial law or in a combat environment.

The concept of desertion as a crime is directly enshrined in Article 408 of the Criminal Code. We are talking about voluntary departure from a military unit or place of immediate service with the aim of avoiding military service. In addition, desertion includes non-appearance for duty after treatment in a medical institution, leave, business trip, rotation, etc.

Punishment for desertion under Article 408 of the Criminal Code of Ukraine

Desertion during martial law or in a combat situation is punishable by a sentence of 10-12 years. If it is proven that the desertion was planned earlier and carried out by a group of servicemen, the term of conviction is from 10 years.

The charge of desertion involves lengthy criminal proceedings. Its beginning is voluntary departure from the military unit/place of service or from the moment of non-appearance. At the same time, it is important to note that the duration of service evasion has no fundamental significance. Also, the qualification of the crime is not affected by the fact that the serviceman came to the authorities voluntarily or voluntarily returned to the place of duty. The duration of service evasion can only affect the degree and qualification of the crime.

Defense strategy in desertion court

Desertion, as one of the crimes during military service, is proven during a court session if there is sufficient evidence. But no one denies the fact that sometimes the indictment is accompanied by a certain subjectivism.

Як отримати відношення з військової частини

If criminal proceedings for desertion have been initiated against you or your loved ones, you will need the help of professional lawyers who will be able to organize an effective defense in court. The lawyers of "PRIKHODKO & PARTNERS" will find the most optimal ways to solve your case without delaying the court process.

One of the main components for building a defense strategy is the collection of evidence. This is a rather complicated process, which, moreover, takes place under martial law.

Lawyers "PRIKHODKO & PARTNERS" approach cases of desertion of servicemen with full responsibility, because the punishment under Article 408 of the Criminal Code is quite serious.

If you are accused of committing acts that can be characterized as desertion, however, at the same time, you are sure of your innocence, you should take care of protecting your rights. The lawyers of our company, acting exclusively within the framework of modern Ukrainian legislation, will be able to bring the court case to its logical conclusion - an acquittal.

If you do not know what decision to make in this or that situation, how to protect your rights, contact our professional lawyers. To do this, simply fill out the feedback request in the form below. We are waiting for you for a preliminary consultation - our lawyers will defend you in court!

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Expert in criminal law. The lawyer specializes in crimes of corruption and bribery. Protect you in your criminal proceedings.

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