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 — approached us, being suspected of unauthorized absence from his military unit during martial law.
He was charged with a criminal offense under Part 5, Article 407 of the Criminal Code of Ukraine — "unauthorized abandonment of a military unit or duty station during martial law", which is a serious crime punishable by 5 to 10 years of imprisonment.
The criminal case was under investigation by the territorial office of the SBI. Investigative actions were initiated against the serviceman, and the case was effectively being prepared for transfer to court.
Problem:
The client had been absent from the unit for more than 10 days without official permission from the command. He returned voluntarily, but this fact was not formally considered.
At the time of appeal:
- The client faced real imprisonment.
- The prosecution did not consider any alternative scenarios.
- The military unit submitted the case materials without any comments on the motives behind the absence.
- The client had actual mitigating circumstances: critical psychological condition, lack of rotation, overload, and complete neglect of medical indications.
It was urgently necessary to stop the criminal prosecution and preserve the serviceman's right to freedom and continued service.
Resolved
Full legal support was provided:
- Case audit conducted: case materials reviewed, circumstances of the incident analyzed, explanations and supporting documents collected from the client.
- A written petition was prepared for the SBI requesting the closure of the criminal case due to the absence of corpus delicti.
- A package of evidence was promptly gathered:
- character reference from the unit;
- medical condition documents;
- support letters from fellow soldiers;
- certificates confirming no disciplinary actions;
- personal explanation by the client regarding the incident.
- Communication was held with the procedural supervisor and the SBI investigator.
- Legal arguments were provided to prove the absence of intent claimed by the prosecution.
The person received:
- A decision to close the criminal case with the justification "due to the absence of elements of a criminal offense."
- Retained status of a serviceman.
- The opportunity to return to service without legal restrictions.
- No conviction or criminal record, allowing continuation of military service or further social reintegration.
Result:
The client was completely released from criminal liability, avoided court proceedings and imprisonment, and preserved his reputation, freedom, and right to continue service.
Execution time: approximately 2.5 months from the moment of application to receiving the decision to close the case.
How to close a criminal case under Article 407 of the Criminal Code of Ukraine?
By submitting a well-reasoned petition to the investigative body (SBI), referencing:
- voluntary return to the unit;
- lack of intent to evade service;
- objective reasons (health condition, moral exhaustion);
- good behavior prior to the incident.
Documents for defense:
- medical certificates;
- unit character reference;
- client’s explanation;
- family status documents;
- written testimonies from comrades;
- certificates of no violations.
Lawyer’s actions to assist the client:
- Case risk assessment and strategy development;
- Preparation and submission of petitions;
- Representation during investigative procedures;
- Negotiations with the SBI and prosecution;
- Monitoring the issuance of a decision to close the case.
Cases involving unauthorized absence are complex, legally and emotionally charged. However, even in such circumstances, with qualified support, it is possible to avoid trial, conviction, and preserve one’s freedom and dignity. Legal support at an early stage is critically important.
