Defense lawyer (Article 407 of the Criminal Code) – defense in court in a case of unauthorized abandonment of a part

Military legislation in Ukraine is quite specific. This is due to the fact that there are many norms that came into force during wartime. In addition, by-laws and laws are constantly being amended. The full-scale war provoked the beginning of general mobilization in Ukraine. However, not all men of draft age are able to withstand all military hardships. That is why a lot of guilty verdicts are being handed down under Article 407 of the Criminal Code - voluntary desertion of a military unit. In this case, protection in court in the case of voluntary abandonment of the part will be required without fail. PRIKHODKO & PARTNERS lawyers will certainly help you in this.

Arbitrary abandonment of a part: a crime under Article 407 of the Criminal Code

The concept of "voluntary abandonment of a part" is contained in Article 407 of the Criminal Code. This article is not only about voluntarily leaving a military unit, but also about a serviceman's change of place of service, failure to show up for duty without valid reasons or on time.
The main feature of this crime is the lack of permission, that is, arbitrariness. Important: tacit consent or verbal permission is not a guarantee of the absence of a crime. Only written permission with all resolutions and signatures is valid.
Such an aspect as the status of a person who allowed the fact of voluntarily leaving a military unit is also of great importance. For example, is the soldier on a "contract", what position does he hold, etc. In addition, attention is paid to the general period of stay of a military person outside the place of direct service.

What punishment is provided by Article 407 of the Criminal Code?

Article 407 of the Criminal Code of Ukraine contains various legal consequences of the SZH. For example, different criminal liability occurs for the absence of a serviceman for 3 days, up to 10 days, up to 30 days.
In fact, with the introduction of martial law in Ukraine, i.e., from 24.02.2022, only part 5 of Article 407 of the Criminal Code is in effect. That is why the ranking of periods of absence: whether it will be 3 days or a month, does not matter.
The measure of punishment during martial law is much more serious. In the case of voluntarily leaving a military unit, a serviceman faces a prison term of up to ten years.

A lawyer for SZCH

If you are charged under Article 407 of the Criminal Code of Ukraine, be sure to contact the professional lawyers of PRIKHODKO & PARTNERS for help. Our specialists will be able to react to the circumstances as quickly as possible and build the right line of defense, which will allow to dismiss the charges under Article 407 or significantly reduce the severity of the punishment. Our lawyers:

1. The circumstances of leaving the part will be discussed with you anonymously.
2. Negotiations will be held with representatives of law enforcement agencies regarding possible solutions to the case.
3. They will find the best solution for you.

The key to our success is an individual approach to each client. We are waiting for you for consultation! Fill out the form below to calculate the cost of a lawyer's services on the SZH.