Publication date: 30.05.2024
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Desertion
Desertion is an act when a serviceman or servicewoman deliberately escapes from military service, without permission or legal grounds. This is a serious violation of military discipline, which can have serious legal consequences. In different countries, desertion can be a criminal offense and punishable by a fine, arrest or imprisonment. In a military context, desertion is considered a serious breach of discipline and requires a thorough investigation.
Liability in accordance with the Criminal Code of Ukraine
Desertion is also a criminal offense and involves liability in accordance with the Criminal Code of Ukraine. Article 408 of the Criminal Code of Ukraine, which regulates cases of desertion and provides for criminal liability for such actions.
According to this article:
Arbitrarily leaving a military unit or a place of service in order to evade military service, as well as failure to report for duty in case of assignment, transfer, from a business trip, vacation, or from a medical institution is punishable by imprisonment for a term of two to five years.
Desertion with a weapon or with a prior conspiracy by a group of persons is punishable by imprisonment for a term of five to ten years.
In cases where the act was committed during a special period, except for martial law, it is punishable by imprisonment for a term of five to ten years.
In cases where the act is committed under martial law or in a combat situation, it is punishable by imprisonment for a term of five to twelve years.
Therefore, Article 408 of the Criminal Code of Ukraine provides for various options for punishment for desertion, depending on the circumstances of the act.
Desertion is considered one of the most serious crimes in the military sphere, as it directly affects the combat effectiveness and morale of military units. In modern conditions, especially during conflicts, the application of these articles is particularly relevant and strict.
Assistance of a lawyer in case of accusation of desertion
If you are accused of desertion and need legal help, a lawyer can be your advocate and representative in this case. Here's how a lawyer can help you in this situation:
Legal protection:
The lawyer will analyze all the circumstances of your case, examine the evidence and develop a defense strategy to maximize the protection of your rights and interests.
Representation in court:
A lawyer will represent you in court and protect your interests during the legal process. He will use his skills and experience to prove your innocence or reduce the sentence if necessary.
Documentation and procedural formalities:
The lawyer will be responsible for all formalities and procedures related to your case, including filing the necessary documentation and maintaining communication with the court and other parties.
Advice and support:
A lawyer will provide you with legal advice, explain your rights and possible consequences, and support you throughout the process.
It is important to remember that each case is unique, and a successful outcome may depend on many factors.
Therefore, it is important to contact an experienced and qualified lawyer who has an understanding of military law and experience in working with similar cases.
