Publication date: 12.05.2025
Aleksei Aleksandrovych Panasenko is a lawyer and expert in criminal law, specializing in cases involving corruption and bribery offenses. He provides reliable protection of clients’ rights and interests at all stages of criminal proceedings.
🔹 Lawyer: Oleksii Oleksandrovych Panasenko
🔹 Service: Defense in a criminal case (unauthorized absence from a military unit during martial law)
Initial Situation
At the end of 2022, a serviceman of the Armed Forces of Ukraine contacted lawyer Panasenko O.O. He was charged under Part 5 of Article 407 of the Criminal Code of Ukraine.
Part 5 of Article 407 of the Criminal Code of Ukraine — unauthorized abandonment of a military unit or place of service without valid reasons during martial law. According to the law, this is considered a particularly serious criminal offense and may be punished by real imprisonment of up to 10 years.
The client left the unit for several weeks due to a serious exacerbation of chronic illnesses and a severe psychological state caused by his time on the front line. According to him, the unit failed to provide adequate medical assistance, and the command ignored his health complaints. As a result, he left the unit on his own to undergo medical examination and treatment.
However, upon returning to the unit, criminal proceedings were initiated against him. The client faced a real threat of conviction and imprisonment.
Objective and Legal Strategy
The main goal of the defense was to prevent imprisonment and secure the most lenient punishment. To achieve this, lawyer Panasenko developed a step-by-step action strategy covering both legal and medical aspects.
- Legal Analysis:
Analyzed pre-trial investigation materials, legal qualification of the offense, the client's previous service record, and circumstances of the absence. - Medical Component:
The client was advised to undergo a full medical examination, including a psychiatric evaluation, which revealed signs of post-traumatic stress disorder (PTSD), commonly diagnosed in combat veterans. - Undergoing a Repeat Military Medical Commission (MMC):
On the lawyer's initiative, the client underwent a second military medical board, which documented persistent health disorders. These findings became critical during negotiations with the prosecutor.
Work with the Prosecution
Alongside medical actions, the lawyer held negotiations with the prosecution regarding an alternative resolution of the criminal proceedings. Based on:
- the client’s admission of guilt,
- positive service characteristics,
- the presence of objective mitigating circumstances,
- the client’s health condition and lack of intent to evade service,
it was proposed to enter into a plea agreement, which allowed the prosecutor and defense to agree on a specific sanction without a full trial.
The prosecution accepted these arguments. As a result, the parties agreed on a punishment of 2 years of service restriction — the lightest sanction available for this offense under martial law.
Outcome for the Client
📌 The client avoided imprisonment
📌 Remained free with the opportunity to receive treatment and adapt socially
📌 Retained military benefits and received a positive service record
📌 Was not isolated from family or social environment
This case clearly shows how an individual approach, a comprehensive strategy, and clear communication with investigative authorities can achieve the optimal result even in complex criminal cases of a military nature. Thanks to the professional actions of lawyer Oleksii Panasenko, the client not only avoided prison but also retained the ability to return to a normal life through treatment and psychological support.
