Motion for termination of detention in a pre-trial detention center for registration and further military service

Situations where a suspect or an accused person expresses a desire to join the Armed Forces of Ukraine during mobilization have become increasingly common. Many of these individuals are held in pre-trial detention facilities (SIZO), so the ability to submit a motion to cancel the preventive measure becomes critical.

What is a motion to cancel a preventive measure?

A motion is a written request submitted by the defense to the court, demanding the termination of holding a person in custody and replacing it with another legal status that allows the person to appear at the Territorial Recruitment Center and undergo the mobilization procedure.

Detention in custody is the strictest measure of procedural coercion under Article 183 of the Criminal Procedure Code of Ukraine. It is applied if other measures cannot eliminate risks such as escape, pressure on witnesses, hiding evidence, or continuing criminal activity.

A motion may be submitted when:

• the individual has passed the military medical commission (MMC) and received a preliminary fitness assessment;
• there is confirmed readiness to enter military service;
• the prosecutor, investigator, or SIZO administration provided documents describing the person's behavior;
• the defense has arguments showing the absence or reduction of procedural risks.

During martial law, the number of such motions has increased, although courts examine them with great scrutiny.

Legal basis for canceling custody due to mobilization

The issue is governed by the Criminal Procedure Code, the Law “On Mobilization Preparation and Mobilization,” and national defense regulations. Article 201 of the CPC grants the right to submit a motion to change or cancel the preventive measure. Mobilization laws stipulate that a citizen may be called up for military service after passing the MMC and being registered with the TRC and SP.

Since detention in SIZO contradicts the conditions required for mobilized persons, in some cases courts allow termination of the preventive measure. However, the law does not provide a direct guarantee of release for mobilization. Each decision depends on the court’s assessment of risks and the circumstances of the case.

Case law often mentions the position: “The court terminates the preventive measure when the defense proves the absence of risks and the submitted documents confirm the real intention to join military service.”

Can a suspect be mobilized?

A suspect can be mobilized, but only after the preventive measure in the form of detention is canceled. The law does not prohibit mobilization of individuals under investigation, but it sets several procedural prerequisites.

Mobilization is possible only if:

1. The preventive measure is canceled or replaced with a softer one. While a person is in SIZO, mobilization is impossible. The court must assess the risks under Article 177 of the CPC and determine whether they have reduced to a minimal level. If granted, the court may impose personal obligation, house arrest, bail, or personal surety.
2. No “limited fitness” or “unfit” status. The individual must undergo the MMC. Without an MMC conclusion, mobilization is impossible.
3. No restrictions in military records. The military ID must contain up-to-date information with no prohibitions.
4. Registration with the TRC and SP. After release, the suspect must report to the TRC, update personal data, and undergo a medical exam.
5. No conviction with imprisonment. If already sentenced — mobilization is impossible.

When can the court agree to cancel detention?

Judicial practice highlights several common factors:

1. Absence of risks. Risk of escape, obstruction of justice, destruction of evidence, influence on witnesses, or continuation of criminal activity must be disproven.
2. Confirmed intention to serve. TRC documents, MMC referrals, military specialty confirmation, letters from military units.
3. Positive behavior characteristics. No violations in SIZO, family ties, no attempts to avoid investigation.
4. Category of the alleged crime. Courts most often approve release for medium-gravity or non-violent offenses.

Assistance of “Prykhodko & Partners” in preparing the motion

Our attorneys regularly assist suspects intending to serve in the army. Support includes:

• detailed case and risk analysis;
• preparation of a legally sound motion;
• evidence collection;
• communication with the TRC and SP;
• assistance in completing the MMC;
• preparation of character references;
• representation in court;
• appeals in case of refusal.

We understand the importance of national defense, yet we work strictly within the law, helping individuals exercise their constitutional right to military service.

Need legal help preparing and filing a motion to cancel detention for the purpose of military service during mobilization? Fill out the form below to receive the cost of legal support.