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Unauthorised absence from duty is an offence that entails serious legal consequences, depending on the circumstances of the case. Many people often ask: what are the consequences of unauthorised absence from duty and how is such an act classified? This depends not only on the act itself, but also on the circumstances of the offence, the duration of the absence and other factors.
Desertion — what are the consequences depending on when the offence was committed? In peacetime, it leads to lesser penalties: a fine, a suspended sentence or restriction of liberty, depending on the duration of absence from the place of service. On the other hand, the consequences of desertion in wartime are obviously much more severe — from disciplinary punishment (e.g., a severe reprimand) to imprisonment (for a term of 5 to 10 years), which is what desertion leads to. The circumstances of such an act, the previous behaviour of the military personnel and the presence of aggravating or mitigating factors are also taken into account.
Desertion does not always entail criminal liability; sometimes it is disciplinary penalties that are imposed. Therefore, it is worth seeking legal assistance, as there may be negative consequences. Disciplinary offences and the consequences of such actions in terms of their impact on the military personnel's future career can all become a reality.
However, the main disciplinary penalties include:
Although disciplinary responsibility is not so serious, it can still complicate the soldier's future service. In order not to think about what will happen after a disciplinary offence, it is better to immediately contact a legal specialist who will help defend your rights and interests.
During martial law, the punishment for desertion is much more severe, but if this is the first time the offence has been committed, it is possible to return to service under a simplified procedure. If there is no evidence of voluntary return or if the soldier has committed desertion a second time, the consequences of desertion include criminal liability. In such a situation, it is advisable to contact a lawyer as soon as possible to assess the risks and protect your rights.
Do not delay your return: the longer a soldier remains in desertion, the more serious the consequences will be.
Consult a military lawyer: they will help you to correctly draw up explanations and predict whether there are risks of prosecution.
Record the circumstances: it is important to collect evidence (certificates, testimonies, reports, etc.) that can mitigate responsibility or justify actions.
In the case of a disciplinary offence, timely legal support can be a key factor, including:
Thus, legal support helps to reduce the risk of punishment or avoid liability altogether.
This stage is key to defending a soldier in a case of unauthorised absence. It is important to collect any evidence: medical certificates and extracts, correspondence with relatives, evidence of family circumstances or other materials confirming the validity of the reason for absence. Explanations must be structured, clear and logical, as they directly influence the command's decision.
Desertion can have serious disciplinary or criminal consequences, and in any case, it affects the future fate and reputation of the soldier. In wartime, the responsibility is even greater, so it is quite difficult to do without proper legal protection. That is why it is necessary to promptly consult a lawyer in order to minimise risks and form a well-founded legal position in the case.
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