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Publication date: 07.10.2024
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Desertion, voluntary abandonment of a military unit is a criminal offense that consists in leaving military service without the permission of the command, i.e. voluntarily leaving a military unit with the intention of not returning. In many countries, including Ukraine, desertion is a serious offense punishable by law.
Consequences of desertion:
- Criminal liability: possible punishment in the form of imprisonment. In case of desertion during hostilities, the punishment may be more severe.
- Disciplinary Actions: A member of the military may be subject to disciplinary actions that are not criminal but affect career.
- Social Consequences: Desertion can affect an individual's reputation and future employment opportunities.
Reasons why voluntary abandonment of a military unit by a contractor:
- Psychological pressure: stress, depression, conflicts with the command.
- Family circumstances: urgent family problems or the need to care for loved ones.
- Medical reasons: a health condition that makes it difficult to perform military service.
Question
Can servicemen who voluntarily returned from the SZH avoid punishment?
Answer
Servicemen who voluntarily return from voluntary desertion of a military unit (SZH) can avoid punishment, but this depends on a number of factors, for example, if the serviceman independently decides to return to the unit, this may be taken into account as a mitigating circumstance. The court may take into account the circumstances that prompted the serviceman to voluntarily leave the unit.For example, stress, psychological problems, family circumstances or medical reasons. If the service member cooperates with the command during the return, it can increase the chances of avoiding punishment. Consulting with an attorney who specializes in military law can help you explore options for avoiding punishment and prepare the proper documents for your defense.
Return conditions:
- Voluntary return: the serviceman must return to the unit on his own, without coercion
- Submission of an application: it is recommended to submit an application for return to the military unit, in which the reasons for desertion and intentions to continue the service should be indicated.
- Consideration by the military unit: after returning, the unit commander has the right to review the case and make a decision on exemption from punishment.
- Military Prosecutor's Office: In case of desertion, the military prosecutor can initiate an investigation. Returning to the part may be grounds for closing the case.
- Consent to serve: the serviceman must confirm his desire to continue his service.
Exoneration from punishment for desertion upon return to the unit is possible, but depends on many factors, including the voluntariness of the return, the circumstances of the desertion, and the actions of the command. It is important to follow all procedural requirements and, if necessary, get legal help to ensure your rights.
Although voluntarily leaving a military unit, desertion is a serious offense with possible consequences for a serviceman, but if such a situation arises, it is important to act wisely and seek professional legal assistance to protect your rights. I recommend engaging a military law attorney from the "Consultant" legal service for advice and assistance in preparing documents. A military lawyer can also represent the serviceman's interests before the unit command and law enforcement agencies, because even if returned, desertion can have negative consequences for the serviceman, including disciplinary action. It is important to be prepared for possible internal investigations or disciplinary proceedings.
The role of the military lawyer assistance of the "Consultant" legal service:
- Military lawyer consultation and assessment of the situation: the lawyer conducts an initial consultation to assess the circumstances of the case and determine the possibilities of defense, determines the reasons for voluntarily leaving the military unit (psychological, medical, social), which may affect the court's decision.
- Military lawyer services preparation of documents: the lawyer helps in the preparation of all the necessary documents for applying to the court, military unit or other institutions. Collects evidence confirming the circumstances that led to desertion, Article 408 of the Criminal Code.
- Lawyer for a military man representation in court: a lawyer represents the interests of the defendant in court hearings, contesting the accusation or asking for a reduced sentence. Takes steps to achieve the best possible outcome for the client.
- Military law lawyer work with military structures: interacts with military commissariats, TCC and other bodies to resolve issues arising during the desertion of 408 of the Criminal Code. Assists in the return to service process if possible.
- Military criminal lawyer discharge assistance: examines the possibility of a release from criminal liability subject to voluntary return to service. Advises on issues related to the conditions under which a mitigation of punishment is possible.
When to contact a military criminal lawyer services:
If you are under investigation for desertion of a contractor.
If you want to return to the service after desertion and do not know how to do it.
If you need help preparing for a trial or want to challenge a conviction.
While it is possible to avoid punishment, it is not a guaranteed outcome. It is important to seek legal advice as soon as possible to assess the situation and prepare for possible legal proceedings. A military lawyers at our legal service "Consultant" is an important partner for service members facing desertion charges. Professional criminal and military lawyer can significantly affect the outcome of the case, so it is important to seek help as early as possible.
