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Publication date: 04.11.2024
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Desertion is a serious military offence, which consists in voluntarily leaving a military unit with the intention of avoiding military duties, combat operations or service. This means that a serviceman leaves his unit without permission and with the intention of not returning.
The main characteristics of desertion:
- Intent to avoid service: Desertion is characterized by the intention of a service member to avoid the performance of his duties, which may be due to various factors, such as fear of combat, personal circumstances or psychological burden.
- Long Period of Absence: Desertion is usually defined as a long period of absence from the military, which can range from a few days to months.
- Criminal Liability: Desertion is a criminal offense punishable under military law.
Desertion is a serious offense that not only violates military discipline, but can have lasting consequences for both the service member and their loved ones. It is important to be aware of the seriousness of this offense and to seek alternative solutions if service difficulties arise.
Voluntary abandonment of a military unit (SZCH) is a military offense, which consists in the voluntary (without permission of the commander) leaving a military unit by a serviceman. This can happen for a variety of reasons, including personal circumstances, medical problems, or other factors.
The main characteristics of the voluntary abandonment of a military unit:
- Absence of authorization: FGM is carried out without obtaining prior authorization from the commander or higher authority, which is a violation of military discipline.
- Length of Absence: The length of absence can vary from a few days to a long period. If a serviceman does not report for duty within the specified period, this may be considered as voluntary desertion.
- Military Liability: FIR is a serious offense that can lead to disciplinary action.
Arbitrarily leaving a military unit is a violation of military discipline, which has serious consequences. It is important to understand that when problems arise that may lead to a decision to leave a unit, service members should seek support and resolution within military command or obtain legal advice.
Question
Is there a difference between desertion and NWW?
Answer
Yes, there is a difference between desertion and desertion in military law.
Here are the main differences:
- Desertion of a contractor is a serious military offence, which consists in voluntarily leaving a military unit with the intention of avoiding the performance of military duties. Desertion involves a service member leaving a unit with the intention of not returning.
Voluntary abandonment of a military unit by a contractor is a more general term that refers to any situation where a service member leaves a military unit without permission. FZH can be either a desertion or a short-term absence if the serviceman intends to return.- Desertion includes the clear intention to avoid service. This can be a long-term or permanent decision, indicating a refusal to fulfill one's duties.
- SCC can be caused by a variety of factors, including unforeseen circumstances, health problems, or personal reasons. In cases of SZH, the serviceman may not intend to avoid service.
- Desertion of the Criminal Code usually involves an extended absence of several weeks to months, indicating an intention not to return.
- The SZH can be short-term (for a few days) and does not necessarily indicate desertion if the serviceman intends to return.
- Desertion of Ukraine qualifies as a criminal offense and can be punished with harsher penalties, such as imprisonment 408 kku.
FGM can lead to disciplinary action, but in some cases it is not a criminal offense if the reasons for leaving are valid.
The main difference between desertion and voluntary desertion is the intention of the serviceman and the duration of the absence. Desertion is considered a more serious offense with harsher consequences, while FIR can be linked to a variety of circumstances and does not always indicate intent to avoid service. Although desertion by a contractor and voluntary desertion by a contractor have similar features, there are significant differences between them in terms of definition, motives, consequences, and legal liability.
Desertion lawyer 408 СС provides legal assistance to persons who have faced accusations of desertion or voluntary abandonment of a military unit.
Services of a military lawyer, which can be provided by the "Consultant" legal service:
Counseling on the legal situation: a lawyer can explain to the serviceman his rights and obligations, as well as the consequences of actions that are considered desertion. Explanation of the provisions of the Criminal Code governing desertion and possible penalties.
Collection and preparation of evidence: assistance in the collection of documents and evidence that can confirm the validity of the reasons for leaving the unit or deny the existence of desertion intentions. Analysis of the circumstances of the case and determination of possible defense options.
Representation in court: a lawyer can represent a serviceman in court where charges under Article 408 of the Criminal Code are being considered. Preparation and submission of procedural documents, such as appeals or requests for reconsideration.
Assessment of the circumstances of the case: analysis of the reasons for desertion, which can be considered as mitigating circumstances. Preparation of arguments in favor of the client, if there are circumstances that justify his actions.
A lawyer can provide moral support to a serviceman during a difficult period related to the legal process and possible consequences, as well as protection of the serviceman's rights during the investigation, including examinations and interrogations.
Hiring a lawyer specializing in desertion under 408 of the Criminal Code is an important step to ensure adequate legal protection. A lawyer of the legal service "Consultant" can help reduce the consequences of actions that qualify as desertion and find optimal ways to resolve the situation.
