Publication date: 22.12.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
Desertion and unauthorized absence from a military unit are serious violations regulated by the criminal law of Ukraine. These actions not only disrupt military discipline but also undermine the operational capability of the armed forces. This article examines the liability for such actions and the steps to take if you face such a situation.
What Are Desertion and Unauthorized Absence from a Unit?
According to the Criminal Code of Ukraine (Articles 407 and 408):
- Desertion is the unauthorized departure from a military unit or place of service with the intent to evade duty.
- Unauthorized absence from a unit refers to temporarily leaving the unit without the commander’s permission but without the intention to evade service entirely.
Key Differences Between Desertion and Unauthorized Absence
- Duration of absence: Desertion implies prolonged or permanent absence, while unauthorized absence may be temporary.
- Intent: Desertion involves a deliberate motive to evade service entirely, while unauthorized absence may result from emotional distress or temporary circumstances.
- Legal consequences: Desertion is always classified as a criminal offense with severe penalties, whereas unauthorized absence may be treated as a less severe violation under certain conditions.
Liability for Desertion and Unauthorized Absence
Both desertion and unauthorized absence are punishable under criminal law. Below are the main articles outlining penalties:
Overview:
- Article 407 of the Criminal Code of Ukraine: Unauthorized absence from a unit or place of service for up to 10 days can result in a fine or detention for up to six months.
- Article 408 of the Criminal Code of Ukraine: Desertion is punishable by imprisonment for 2 to 5 years, or 5 to 12 years during wartime.
- Enhanced penalties: During wartime, the penalties for desertion or unauthorized absence are significantly stricter.
- Fines: Short-term unauthorized absence may result in fines.
- Arrest: Prolonged absence can lead to arrest for up to six months.
- Imprisonment: Desertion during wartime can result in imprisonment of up to 12 years.
Circumstances Considered by the Court
When reviewing cases of desertion or unauthorized absence, the court considers:
- Circumstances that compelled the individual to leave the unit (e.g., life-threatening situations, critical family issues).
- Voluntary return to the unit.
- Genuine remorse.
Additionally, the court may consider the individual’s prior service record, awards, or commendations from their command.
How to Avoid Desertion or Unauthorized Absence?
Recommendations:
- Seek psychological assistance regularly if experiencing emotional or moral exhaustion.
- Communicate with your command about any issues or needs affecting your service.
- Be aware of your rights and duties as outlined in Ukrainian law.
Practical Actions in Challenging Situations:
- If family emergencies arise, inform your command and provide necessary documents.
- If your health deteriorates, promptly contact the unit’s medical service.
- In case of conflicts with officials, seek legal assistance through consultations.
Further Insights into Differences Between Desertion and Unauthorized Absence
Desertion involves a complete and deliberate intent to evade military service indefinitely. Meanwhile, unauthorized absence may be temporary and not necessarily linked to an intent to avoid service.
Key Differences:
- Motives: Unauthorized absence is often a result of emotional stress or family circumstances, whereas desertion aims to evade duties permanently.
- Duration: Unauthorized absence typically lasts up to 10 days, while desertion is indefinite.
- Consequences: Penalties for desertion are significantly harsher, especially during wartime.
These distinctions are crucial for judicial proceedings and determining the degree of liability.
Frequently Asked Questions
Question
Can responsibility for unauthorized absence be waived if it was due to family circumstances?
Answer
If you provide documented evidence of critical family circumstances, the court may mitigate or waive the penalty. It is crucial to notify your command promptly about the reasons for your absence.
Question
Is there a difference in liability for unauthorized absence during peacetime versus wartime?
Answer
Yes, during wartime, the penalties for unauthorized absence are much stricter due to the need to maintain the army’s operational readiness.
Advice
Seek legal advice: Consult a specialist to evaluate your situation.
Preserve documentation: Keep all documents that support your actions.
Court defense: Use legal representation if necessary.
Steps to Take When Accused
If accused of desertion or unauthorized absence, follow this plan:
- Consult a lawyer or attorney. This will help you avoid procedural errors.
- Re-establish contact with your unit command. Avoid evading communication.
- Gather evidence. Medical certificates, testimonials from relatives or fellow soldiers can help.
- Cooperate with law enforcement. Honesty and transparency may positively influence the court’s decision.
Additional Aspects of Liability
Legislation also provides certain categories of individuals who may qualify for mitigated penalties or exemption in cases of desertion or unauthorized absence, such as:
- Medical conditions: Proof of mental or physical disorders at the time of the offense can reduce penalties.
- Wartime circumstances: Stress and combat factors may be considered in court.
- Prior service: A positive service record can influence the court’s decision.
Legal Assistance
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Desertion and unauthorized absence are serious offenses with strict consequences for individuals. To avoid severe repercussions, it is essential to comply with the law and seek legal assistance promptly. A qualified lawyer can help you understand your rights and defend your interests in court.
