Is there a difference between desertion and NWW?
During the performance of military duties, it is important to understand what voluntary desertion and desertion are. These actions have serious legal consequences that can significantly affect the future of the serviceman. In this article, we will take a detailed look at these concepts, analyze their legal qualification and familiarize ourselves with the possible consequences.
Analysis of the concepts of voluntary desertion and desertion: main aspects and consequences
Abandonment and desertion are often confused, but they differ in motives and consequences. The SZH does not imply an intention to leave the service permanently, while desertion means a determination not to return to duty.
Situations that are not considered to be SCC:
- Leaving the unit with the permission of the commander.
- Staying on a business trip.
- Execution of command orders.
- Undergoing treatment.
- Rotation or movement.
- Participation in training.
- Vacation and similar cases.
The legality of these circumstances is confirmed by the commander's signature or relevant documents.
Legal consequences of voluntary desertion and desertion
According to the Criminal Code of Ukraine, desertion and desertion are punished differently. Article 407 of the Criminal Code of Ukraine determines the punishment for the SZH, while Article 408 of the Criminal Code of Ukraine regulates responsibility for desertion. Sanctions can range from a fine to imprisonment.
Under the conditions of martial law in Ukraine, the punishment for violating military discipline becomes more severe. Voluntary abandonment of a part is punishable by imprisonment from 5 to 10 years. As for desertion, part 4 of Article 408 of the Criminal Code of Ukraine provides for punishment in the form of imprisonment from 5 to 12 years.
Legal support when the SZH or desertion is incriminated?
When a serviceman is charged with desertion or desertion, it is important to have qualified legal support to protect his rights. This includes the collection and analysis of all necessary evidence, such as documents and testimony, consultation with a lawyer to determine the legal strategy, preparation and presentation of interests in court, as well as the possibility of appealing the decision. An important aspect is the involvement of specialists, such as medical or psychological experts, to confirm the circumstances that could have influenced the behavior of a serviceman. In addition, the lawyer must ensure the restoration of the client's reputation and constant contact with him to inform about the progress of the case.
Current questions - answers
Questions
What is the main difference between SZH and desertion?
Answer
The main difference is the intention. In the case of FGM, absence from service may be involuntary or temporary, while desertion is characterized by the intention to avoid military service permanently. Desertion is a more serious offense with greater legal consequences.
Questions
What are the legal consequences of SZH and desertion?
Answer
Responsibility for voluntary abandonment of a part (SZCH) is provided by Article 407 of the Criminal Code of Ukraine, which may include a fine or imprisonment. Desertion, in accordance with Article 408 of the Criminal Code of Ukraine, carries stricter penalties, including deprivation of liberty for a period of 5 to 12 years in the case of martial law.
Questions
How to distinguish the SZH from desertion in a specific case?
Answer
In order to distinguish the FZ from desertion, it is important to assess the intentions of the individual, the circumstances under which the unit was left, and the duration of the absence. If a serviceman intends to return to duty and the absence is temporary, this may indicate a SZH. If a person shows a clear desire to avoid service, this may be desertion.
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In the performance of military duties, it is important to clearly understand the difference between desertion and desertion. Both of these actions have serious legal consequences that can significantly affect the future life of a serviceman. Voluntary desertion is characterized by a lack of intention to permanently leave the service, while desertion is a deliberate evasion of military duty. According to the Criminal Code of Ukraine, SZH and desertion have different legal consequences: from a fine to imprisonment, especially in conditions of martial law. It is important to provide qualified legal support to protect the rights of a serviceman, which includes the collection of evidence, consultation with a lawyer and the possibility of appealing decisions. Contacting specialists will help avoid serious consequences and restore reputation. Don't delay - contact our experts for professional help! Military lawyer online, military lawyer Kyiv, military lawyer, military lawyer, legal advice during war.
