What is the risk of desertion in wartime?

One of the most widespread criminal offenses today is voluntary desertion by a military serviceman. If you or your loved ones have been accused of  desertion - urgently, specialists of "PRIKHODKO & PARTNERS" will help solve this problem.

Arbitrarily leaving the place of service or a unit implies the absence of the commander's permission to move the serviceman.

Desertion is not considered:

• Leaving a military unit (hereinafter referred to as a military unit) with the permission of the commander.
• Assignment.
• Leaving the HF to carry out the commander's order.
• Treatment.
• Rotation.
• Teaching.
• Vacation.

The above-mentioned grounds must be confirmed by the commander or by properly executed documents.

What is the responsibility for SZH / Desertion in Ukraine in 2023?

The concept of voluntary abandonment of a military unit is key in Article 407 of the Criminal Code of Ukraine.

The main feature of this crime is precisely the lack of permission, that is, arbitrariness. Important: tacit consent or verbal permission is not a guarantee. Only written permission is required.

After the military unit receives a notification regarding the commission of a criminal offense and subsequent entry of information into the Unified Register of Pretrial Investigations, servicemen:

1. Excluded from personnel lists.
2. Resigns from the position.

In addition, monetary and other types of security are suspended.

On December 8, 2022, the Verkhovna Rada registered a fairly tough draft law - a punishment for persons who are accused of criminal activity, desertion, and failure to comply with the order of the military command.

We are talking about draft law No. 8271 - amendments to the Code of Administrative Violations, the Criminal Code and other legislative acts of Ukraine regarding the specifics of military service in a combat environment or under martial law.

Importantly:

The changes made to articles 69 and 75 of the Criminal Code of Ukraine exclude the possibility of granting a release from serving a sentence for a criminal offense with a probationary period. In addition, the level of fines for committing administrative military offenses is increasing.

Strategy of defense in case of desertion

Charges of FIR and desertion can be contested with the right defense strategy. The lawyers of "PRIKHODKO & PARTNERS" will help you in this.

For example, very often there are cases when the command has inaccurate information about the absence of a serviceman. At the same time, he may be undergoing treatment or, in general, performing a combat mission.

That is why, as soon as such an opportunity arises, a serviceman must urgently, in writing, report the reasons for the absence.

We will do our best to gather relevant evidence of your innocence. In addition, it is possible to appeal the order of the command, to be reinstated in the post, terminating the pre-trial investigation.

One of the activities of the lawyers of "PRIKHODKO & PARTNERS" is providing professional legal assistance to military personnel in matters of protection of their interests and rights in criminal proceedings related to SZH and desertion. Leave a request for high-quality consultation and assistance of a lawyer!