Appeal of the AWOL - a lawyer for AWOL to protect your rights

Appeal of the AWOL - a lawyer for AWOL to protect your rights

Among military personnel, the phenomenon of unauthorised absence from duty is quite common, but it can have objective reasons: psychological pressure, physical fatigue, family circumstances, etc. In such circumstances, criminal liability can be avoided by filing an appeal against the disciplinary order.
However, this process can be difficult, for example, due to insufficient evidence or previous disputes with the command. In such situations, it is worth contacting a lawyer specialising in desertion cases — someone who can protect the rights of the soldier, defend their interests and ensure that they avoid liability.

What is desertion and when should it be appealed?

Desertion is a violation under Article 407 of the Criminal Code of Ukraine - leaving the unit without permission. In recent years, the number of such cases has increased, but they are not always unfounded.
Appealing a desertion conclusion is advisable in the following cases:

• Valid reasons. When the soldier did not intend to deliberately evade service, but it was a consequence of circumstances (health problems, lack of proper conditions, etc.).
• 
  Violations during the official investigation. If there are errors in the investigation, for example, lack of proper evidence.
• 
  Voluntary return. If this is the first case of leaving the unit, the soldier has the right to return without being held accountable.

If the situation falls under the above points, but a criminal case has been opened, a lawyer will help. Appealing the AWOL is a legal tool for protecting a soldier who is not always guilty of a violation.

When is a lawyer needed to appeal against desertion?

If there are valid reasons for desertion, which must be competently substantiated and proven.

In the event of procedural violations or the opening of a case without sufficient evidence.

If you wish to voluntarily return to service and avoid liability.

Appealing administrative protocols on desertion

Administrative protocols for desertion are drawn up in the absence of a person for three days at their place of service. However, there are often cases when a military serviceman, for example, continued treatment or was delayed in returning from leave. At such times, it is possible to appeal against the administrative protocol, but it is necessary to have relevant evidence.
In such situations, a lawyer specialising in unauthorised absence helps to gather evidence, prepare oral and written explanations, and correctly file an appeal to avoid administrative liability.

Review of medical/military medical conclusion (MMC)

In cases of military service, a review of the military medical conclusion is sometimes crucial, as it may be grounds for postponing return to the military unit due to poor health.
Therefore, if there are doubts about the objectivity of the MMC conclusion, a review is organised. A legal specialist can initiate this procedure, submit a petition to the command, collect medical evidence or conclusions from independent doctors.

Appeal against a criminal sentence or indictment

If there is a criminal sentence or indictment, it can be appealed if there is evidence or violations during the investigation. However, in such cases, the appeal is made in the appellate court.
The lawyer analyses the circumstances, develops a strategy, prepares a complaint and represents the client's interests in court. Thanks to these actions, the sentence can be overturned or mitigated.

How does the appeal procedure work?

Appealing a criminal conviction is a legal procedure that requires the following steps:

1. Analysis of the case. Examination of the circumstances, evidence, available documents, etc.
2. 
   Development of a defence strategy. Collection of additional evidence, formulation of arguments, motion for reconsideration.
3. 
   Filing a complaint. Appealing an administrative protocol or criminal sentence.
4. 
   Representation in court (if necessary). Legal protection of the interests and rights of the military personnel.

This process requires a professional approach and knowledge of military law. Therefore, legal support increases the chances of a successful conclusion of the case.

The role of a lawyer at each stage

A lawyer can accompany you at every stage of the case, from the initial consultation to its closure. They collect evidence and a package of documents, draw up a complaint, develop a defence strategy and represent the client in court, if necessary.
Thanks to these actions, the appeal is consistent, legally correct and well-founded.

Pre-trial appeal - administrative authorities

Pre-trial appeals are made through administrative authorities. Therefore, military personnel have the right to file a complaint, which is considered by the relevant officials before the start of the trial.
This stage can be crucial, as it provides an opportunity to avoid court proceedings and criminal liability. Legal assistance during a pre-trial appeal will help to correctly prepare documents with evidence and prepare well-founded arguments.

Defense in court – appeal and cassation

If the verdict in the case of AWOL is unfair, it can be appealed in the appellate or cassation procedure. This is done to review the decision, eliminate the errors of the court of first instance and achieve a fair result.
A legal specialist helps to identify violations in the investigation, select arguments, form a legal position and further represents the interests of the client. This is an effective mechanism for overturning the decision or mitigating the sentence.

Our advantages in the field of AWOL appeals!

Consultant lawyers specialize in military law and provide support at all stages - from consultation to the cancellation of administrative or criminal liability. We work promptly, clearly, transparently and taking into account the specifics of each case.