When does criminal liability for AWOL arise

When does criminal liability for AWOL arise

When leaving a military unit, the clock starts ticking, which can lead to serious legal consequences due to desertion. Liability for such actions is defined by the Criminal Code of Ukraine and depends on the circumstances, the length of absence, and the intentions of the person. In order to understand what the liability for desertion is and what the critical time frames are, it is worth consulting a legal specialist who will not only advise you but also help you avoid punishment.

What is the criminal liability for unauthorised absence from military service?

In the case of unauthorised absence from military service, it is important to understand what exactly the liability is for the soldier, what circumstances affect its severity, and how the law distinguishes between such cases:

• Article 407 of the Criminal Code of Ukraine. Liability for desertion in wartime depends on the length of absence (up to 3 days - disciplinary punishment, up to 30 days - administrative punishment, more than a month - criminal punishment).
   
• Repetition and intent. Currently, there is a simplified procedure for returning to service. In the first case of committing a crime, a soldier can return to the unit without being held accountable; in other cases, criminal liability is provided for.
   
• Mitigating circumstances. If there is evidence and proof of voluntary return, this may affect the severity of the punishment. 

Criminal liability for desertion is severe, especially in times of martial law. It is not always possible to find mitigating circumstances and provide evidence, so it is important to act prudently, understand your rights and obligations, and not remain alone with the problem. If a situation arises where punishment is already envisaged, do not delay in seeking help; every hour is important in determining the degree of responsibility. 

Types of liability: administrative and criminal

Unauthorised absence from duty is an offence that can currently have very different legal consequences. In some cases, administrative liability may be applied when the actions do not constitute a crime but are classified as a disciplinary offence. For example, a short absence (up to 3 days) without a valid reason may be grounds for a severe reprimand. But it is important to remember when criminal liability for unauthorised absence arises, as the line between the two is quite thin, so at the slightest threat of punishment, it is worth consulting a qualified lawyer.

What is the liability for absenteeism: sanctions in detail

Depending on the duration, reasons and motives for the absence, completely different sanctions may be applied:

1. Up to 3 days without a valid reason: such cases may be considered a disciplinary offence, especially if the absence occurred for the first time and was not intentional. In such cases, disciplinary punishment may suffice.
    
2. From 3 to 10 days: as a rule, with such a duration, proceedings may already be initiated under Article 407 of the Criminal Code. Possible punishment - transfer to a disciplinary battalion.
    
3. More than 10 days: such a period is usually classified as intentional evasion of service and entails a more serious punishment — restriction of liberty for up to three years.
    
4. Repeat offence. During martial law, repeat offences of unauthorised absence from duty are punishable by imprisonment for 5 to 10 years.

In such cases, it is important not to act independently; consulting with a lawyer will help you build the right defence strategy, reduce penalties or prove that you had a valid reason for leaving your place of service.

When criminal liability arises: practical examples

Even short-term desertion is a criminal offence: During martial law, leaving the unit without a valid reason may result in criminal liability from the third day of absence.

AWOL in a combat zone: If a soldier leaves their position during combat operations, this is punished particularly severely – up to 10 years' imprisonment. 

Repeated AWOL: Repeated unauthorised absence from duty may also be punished with the maximum penalty – up to 10 years' imprisonment. 

More than 3 days in a state of war

If a soldier leaves their place of service for a period of three days, this may already qualify as a criminal offence. However, in such cases, not only the fact of absence is considered, but also the circumstances: whether there were valid reasons, whether there is evidence of no deliberate intent. In such cases, it is extremely important to involve a legal specialist, as they will help gather evidence, protect rights and interests, and achieve mitigation or elimination of punishment.

Repeated absence for 3–10 days

Repeated absence from the unit for a period of 3 to 10 days is an aggravating circumstance that significantly affects the degree of responsibility. This may be classified as a criminal offence and result in imprisonment, as it is considered confirmation of deliberate evasion of service. That is why in such cases it is especially important to have the support of a lawyer who will analyse the circumstances, prove the existence of valid reasons or the illegality of the charges.

More than a month or combat conditions

In such cases, the case is classified as particularly serious and entails the highest penalty - imprisonment for a term of 5 to 10 years. In such circumstances, not only the fact of a long absence is assessed, but also the impact of such actions on the combat readiness of the unit. It is critically necessary to involve a lawyer, because he will prevent the assumption of a mistake that may affect the course of the case, help to correctly present the reasons for the AWOL, collect evidence and provide protection at all stages.