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Publication date: 28.10.2024
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Voluntary abandonment of a military unit is a serious military violation and involves disciplinary or criminal responsibility. However, in some cases, good reasons can affect the nature of the punishment or even mitigate the responsibility.
Reasons that can be recognized as valid and taken into account during the consideration of the case of voluntary abandonment of a part:
- Sudden deterioration of health: a serviceman may leave the unit if his health suddenly worsened and he did not receive the necessary medical care in the unit or could not seek help directly in the unit.
- Urgent need to care for incapacitated relatives: if the situation requires the presence of a serviceman to care for incapacitated relatives who have no other person to provide care.
- Death or serious illness of a close family member: Visiting or caring for a relative who is in critical condition may be considered a valid reason.
- Psychological distress or fatigue: In some cases, members of the military may experience high levels of stress, depression, or other psychological problems that affect their ability to perform their duties. This, however, must be confirmed by a medical report.
- Post-traumatic stress disorder (PTSD): Military personnel who have been in a combat zone or other stressful environment can develop PTSD, which affects their ability to continue in the service.
- Threat to life or health: If the serviceman was forced to leave the unit to protect himself from physical or psychological violence by other servicemen or command.
If serious circumstances arise, you should notify the command as soon as possible and, if possible, submit relevant evidence (medical certificates, statements from relatives, other confirmations). Legal assistance can help to properly draw up the documents, explain the circumstances that led to the abandonment of the part, and, if possible, reduce liability. If there were good reasons for voluntarily leaving the military unit, this may affect the assessment of the situation and the possibility of mitigating responsibility.
Here are some steps to consider, pre-trial defense:
- Return to the unit and immediate notification of the reasons: Return to the military unit as soon as possible and explain the circumstances of the voluntary abandonment. This can help reduce the consequences, as a quick return can be taken into account in the case.
- Gather evidence and testimony: Gather all possible documents or testimony that support good cause. These can be medical certificates, police reports, witness statements or other documents. This evidence can significantly affect the trial by showing that you acted under duress and without intent to break the law.
- Submitting a written explanation: Prepare a formal written explanation of the reasons for leaving the unit and submit it to your command. In the explanation, describe in detail the circumstances that forced you to leave the unit, and include all the evidence you have collected.
- Application to the Military Medical Commission (MMC): if the reasons are related to health, it is important to pass the MMC to officially confirm the medical circumstances that may have been the basis for your decision.
- Filing a Motion for Review of Punishment or Dismissal of Proceedings: If a disciplinary case has already been initiated, a lawyer may file a motion for review of punishment or even dismissal of proceedings, given the extenuating circumstances.
Question
Is it possible to suspend criminal proceedings under the SZH, if there were valid reasons?
Answer
If a serviceman voluntarily left the military unit (SZCH) for valid reasons, this may affect the consideration of his case in criminal proceedings. Good reasons, such as serious medical, family or life-threatening circumstances, may be taken into account by the court in determining responsibility, but suspension of criminal proceedings in such cases is a very rare practice.
Possible options in case of valid reasons:
- Mitigation: the court may consider mitigating circumstances and impose a less severe sentence, such as probation or even exemption from punishment if you plead guilty and provide evidence of good cause.
- Closure of a criminal case: if the serious circumstances are really urgent and could not be solved in other ways, the lawyer can file a motion to close the proceedings due to the lack of public danger in the actions of the accused. However, this decision remains at the discretion of the court.
- Suspension of proceedings: suspension of criminal proceedings is possible under conditions when the case cannot be continued due to the impossibility of involving the suspect or for other objective reasons. However, in the case of SZH, the existence of good reasons is usually not a reason to suspend the proceedings.
A Lawyer 407 CKU of the "Consultant" legal service can help in the following situations:
Gather evidence of valid reasons (medical certificates, witness statements, documents confirming an emergency).
Submit a motion for mitigation of liability or closure of proceedings.
To protect the rights of the serviceman during the trial, arguing that the circumstances were forced.
A lawyer is a key support for the protection of the rights of a serviceman and the minimization of possible negative consequences in case of voluntary leaving of the military unit. Since VDU can be considered a criminal offense, a lawyer helps in preparing a defense, gathering evidence of good cause and proper filing of documents. In such a situation, the correct documentary confirmation of the circumstances and the availability of legal assistance can significantly affect the consideration of the case and the possibility of mitigating the consequences.
Legal help is important to represent your interests, especially if the reasons are of a really serious nature, such as medical circumstances or family emergencies. A Lawyer at the VDU marketplace "Consultant" will help to collect evidence and prepare a statement on mitigating liability and defense in court. Having good reasons and clear documentation can help mitigate liability or reduce possible punishment.
