What threatens a soldier who fled from war or a training center during martial law

Under martial law, any unauthorized abandonment of the place of service is considered a serious violation of military discipline and oath. Such unauthorized abandonment is not just disobedience, but an act that undermines the combat readiness of the unit, poses a threat to other servicemen and the security of the state as a whole.

The law distinguishes two main types of such acts - unauthorized abandonment of a military unit and desertion. They differ primarily in the motive and intention of the serviceman, as well as the responsibility provided for by the Criminal Code of Ukraine.

Understanding the concept of desertion for a military man

If a military man leaves a unit or training center without the permission of the command, but intends to return, this is desertion. The absence can last from several hours to several days, even weeks. In peacetime, this often ends with disciplinary action, but during martial law, even a short-term absence is viewed much more severely.

A military man who leaves without permission actually violates his oath. He abandons his comrades, disrupts the organization of combat or training missions, and sometimes exposes others to danger. Even if the motive is escape due to exhaustion, conflicts, fear, or everyday difficulties, the law does not justify such actions.

Responsibility. Desertion during martial law is qualified by Part 5 of Article 407 of the Criminal Code of Ukraine. The sanction of this article provides for imprisonment for a term of 5 to 10 years.

The behavior after that plays an important role. If a person voluntarily returned to the unit, before the opening of criminal proceedings, such voluntary return may be a basis for mitigating the punishment. The court takes into account whether the absence did not cause damage to the defense capability, whether the serviceman did not evade the performance of duties deliberately.

The concept of a criminal offense is desertion

Another, much more serious crime is desertion. This is not just an escape, but a deliberate evasion of military service. That is, a person does not intend to return, tries to hide, change his place of residence, sometimes go abroad or issue fictitious documents.

Desertion in wartime is considered a betrayal of military duty. At a time when the country is at war, every serviceman is part of the defense mechanism. His escape means not only the loss of one soldier - a signal to others that can demoralize the unit, create panic or refusal to perform tasks.

Responsibility. Desertion during martial law is qualified by Part 4 of Article 408 of the Criminal Code of Ukraine. The sanction of this article provides for imprisonment for a term of 5 to 12 years.

In such cases, the courts almost always assess the circumstances particularly strictly. Even if a soldier explains his actions by fear, psychological exhaustion or problems at home, this is not a reason to avoid responsibility. In wartime, such actions are equated with grave crimes against the state.

What is the key difference between desertion and desertion

The key difference is in the intention.

If a serviceman left, but intended to return, this is voluntary abandonment of the place of service by servicemen (Article 407 of the Criminal Code of Ukraine).

If a serviceman left the service with the intention of not returning (completely evading) - this is desertion (Article 408 of the Criminal Code of Ukraine).

The duration of absence is not always decisive: sometimes even a few days can qualify as desertion, if it is proven that the person intended to escape from service forever. In practice, a long absence (more than 10 days) is often one of the signs indicating the intention not to return to the place of military service and serves as a basis for requalification as desertion.

Mitigating circumstances

There are cases when courts take into account:

• voluntary return to the unit (especially before the start of criminal proceedings);
• absence of serious consequences for the combat readiness of the unit;
• previous conscientious service, combat merit;
• sincere remorse and active assistance in solving the crime;
• the presence of exceptional family circumstances that caused the escape (for example, critical illness of relatives);
• admission of guilt.

In such a situation, it is possible to avoid the most severe punishment, or to receive a sentence with a probationary period (conditional sentence). However, such situations are rare, and the decision is made exclusively by the court based on a comprehensive study of the evidence.

Legal assistance in cases of desertion

Criminal proceedings under Articles 407 and 408 of the Criminal Code of Ukraine are a complex process, where a military man necessarily needs qualified legal protection.

The role of a lawyer is critical at all stages:

1. Qualification of actions: The main task of the defense is to prove the absence of intent to completely evade service. The lawyer collects evidence (testimony of witnesses, recording of the intention to return, notification of difficult circumstances, the presence of personal belongings in the unit) in order to convince the investigation or the court that desertion (less severe Article 407) occurred, and not desertion (Article 408).
2. Collection of evidence for mitigation: The defense attorney forms a complete package of documents confirming all possible mitigating circumstances: unit characteristics, participation in hostilities, injuries, family circumstances, and also helps to correctly formalize sincere repentance.
3. Ensuring the legality of the process: The attorney monitors compliance with the rights of the serviceman during interrogations, searches and other investigative actions, preventing psychological pressure and violations.
4. Representation in court: At the court hearing, the defense attorney argues the need to impose a minimum sentence or apply a probationary period, focusing on the exceptional circumstances of the case and the value of the serviceman to society.

Timely appeal to a lawyer specializing in war crimes can dramatically affect the fate of the serviceman, helping to avoid the maximum punishment and ensure a fair hearing of the case.

During martial law, any abandonment of a military unit without permission is a crime, which is perceived not as a personal offense, but as undermining the country's defense capabilities. Responsibility for such actions is inevitable, regardless of the motives or circumstances. Anyone who abandons service during wartime actually endangers the lives of others and violates the oath he took to the state.