Exemption from punishment for desertion in case of return to the unit

Exemption from punishment for desertion in case of return to the unit

The Verkhovna Rada has registered a draft law on the improvement of criminal liability for violation of the established order of military service during the introduction of martial law. In this article, we will consider in detail the procedure for exemption from criminal responsibility for desertion.

Desertion is a legal liability in Ukraine

Desertion in Ukraine entails criminal responsibility for three types of crimes:

• committed with a weapon;
• joint action by a group of persons based on prior conspiracy;
• desertion in the conditions of martial law or combat situation.

These violations may be punishable by imprisonment for a term of two to five years. If the crime is committed by a group of military personnel or with the use of weapons, imprisonment for a term of five to ten years is possible. The conditions of martial law or martial law may lead to punishment in the form of deprivation of liberty for a term of five to twelve years.

News of the draft law on exemption from responsibility for desertion

It is proposed to establish that a person who, during martial law, has committed a criminal offense for the first time in accordance with Articles 407 (Abandoning a military unit or place of service) and 408 (Desertion) may be exempted from criminal responsibility.

This requires that the serviceman voluntarily return to the military unit or place of service to continue his service before the end of the pre-trial investigation.

The mechanism of such dismissal is possible only if there is a written consent of the commander (chief) of the military unit (institution) for the continuation of military service by this serviceman.

Justification of introduction of innovations

According to the authors of the project, statistical data show that only during January-April 2024, 10,584 criminal cases under Article 407 and 7,306 cases under Article 408 were recorded. there are almost 19,000 criminal proceedings for committing war crimes.

According to the current criminal legislation, there are no legal grounds for the possibility of releasing servicemen of the Armed Forces from criminal responsibility for the first commission of a crime under Articles 407 and 408 of the Criminal Code of Ukraine during martial law, even if they sincerely repent and desire to return to military service.

Currently, Ukraine has adopted a law that allows convicted persons to apply for parole for military service. As of the end of May, the courts have already considered and granted 1,843 such petitions, and 775 convicts have joined the Armed Forces of Ukraine.

In order to settle these issues and introduce relevant legal mechanisms, a draft Law of Ukraine "On Amending the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine and other legislative acts of Ukraine on improving criminal liability for crimes against the established order of carrying out or completing military service during martial law".

Legal analysis of the situation

Legal analysis is an important step in protecting your rights. The lawyer carefully examines all the documents and other materials of the case, which allows you to identify violations on the part of the command and find the best options for protecting your interests in case of desertion. This will help you understand whether there are grounds for exemption from punishment on the condition of returning to the unit and continuing military service.

The importance of legal support in the case of release from punishment for desertion in case of return to the unit

Legal assistance in case of release from punishment for desertion in the case of returning to the unit is extremely important, because the lawyer carefully analyzes the case, prepares the necessary documents, represents interests during meetings with the command and investigative bodies, provides psychological support, monitors compliance with legality at all stages of the process and maximizes the chances of a positive outcome using all available legal mechanisms and arguments.

If you are faced with the problem of exemption from punishment for desertion upon returning to the unit, we recommend that you contact experienced lawyers on the website consultant.net.ua. Our specialists have extensive experience in cases of this nature and are ready to provide the necessary legal assistance to protect your rights and interests. When ordering legal support, you can count on professionalism and high quality services.