Publication date: 16.05.2025
Lawyer. 8 years of legal experience. The main specialization is criminal law. I have experience with corporate rights of the enterprise.
Initial Data
A client — a serviceman of the Armed Forces of Ukraine — reached out, having been absent from his military unit for over 14 days without permission from the command. Upon his return, he was detained and taken into custody.
Criminal proceedings were initiated against him under Article 407 of the Criminal Code of Ukraine (unauthorized abandonment of a unit during martial law), which is a serious offense punishable by 5 to 10 years of imprisonment.
The client had no prior disciplinary violations but was in a severe psychological condition caused by combat stress and the lack of proper medical support. He returned voluntarily, without the intention to evade further service.
Issue
If the case had gone to court, the chances of receiving an actual sentence were extremely high. The prosecution was preparing an indictment, while the client was held in a pre-trial detention center, and the command did not initiate any actions to investigate the reasons for the absence.
The situation was complicated by the lack of official documents confirming the client’s psychological state, as well as the prosecutor’s refusal to consider any alternative proposals in the case.
Resolved
Full legal support was provided:
- Situation analysis conducted: the materials of the criminal case, the circumstances of the absence, the psychological state of the client, explanations provided, and a reference from the unit were reviewed.
- Lawyer's requests submitted to the military unit, Military Law Enforcement Service, State Bureau of Investigation, and medical institutions to obtain the full set of documents.
- Communication with the prosecutor established: the lawyer contacted the prosecutor to change the legal qualification of the client’s actions and propose an alternative case resolution.
- A motion submitted to the court requesting exemption from criminal liability under Part 5 of Article 401 of the Criminal Code of Ukraine, substantiated by real facts — voluntary return, no breakdown in discipline, sincere remorse, and a desire to continue serving.
- A defense position formed, supported by a positive reference, written explanations, and collected medical certificates.
The individual received:
- Closure of the criminal case under Article 407 of the Criminal Code of Ukraine.
- Revocation of the preventive measure in the form of detention.
- Court decision on exemption from criminal liability due to the insignificance of the public danger.
- Official reinstatement in the military service — the court ordered the unit to include the serviceman in the personnel list and restore all types of support (financial, material, and medical).
- Possibility of transfer to another unit after reinstatement, considering his health and service circumstances.
Result
The client avoided actual imprisonment, retained his military status, and received the opportunity to continue service under less risky conditions. His right to support was restored, and legal protection from further prosecution was guaranteed.
Timeframe: approximately 2.5 months from the initial request to the court decision on exemption from criminal liability.
How to protect yourself in an absence-without-leave (AWOL) case?
Key actions:
- Contact a lawyer immediately after return or detention.
- Gather evidence: medical certificates, explanations, character references, documents on family status.
- Do not testify without a defense attorney.
- Do not agree to any "deals" with the prosecutor without prior analysis.
What does a lawyer do in AWOL cases?
- Analyzes the case circumstances and legal qualification
- Requests materials of the internal/criminal investigation
- Communicates with the prosecution, command, and court
- Develops a strategy for mitigating or closing the case
- Oversees the reinstatement process
AWOL cases are among the riskiest for servicemen. However, with proper legal support, there are real tools to avoid imprisonment and restore status without losing honor or service. Professional legal assistance is a chance to preserve freedom, a career, and the future.
