The court released from criminal liability the soldiers who left the military unit without permission for the first time. They continued their military service in other units. This was stated by the State Bureau of Investigation , reports UNN.
Details
At the end of September 2024, the Novomoskovsk City District Court of the Dnipro Region decided not to imprison a serviceman who left the location of a military unit stationed in the Dnipro region in December 2023 without proper orders
During the pre-trial investigation of the criminal proceedings, SBI investigators established the whereabouts of the military and detained him. The man was served a notice of suspicion for unauthorized leaving of a military unit under martial law (Part 5 of Article 407 of the Criminal Code of Ukraine).
However, during the trial, the serviceman filed a motion to release him from liability because he wanted to continue his military service in one of the units whose commander agreed to enroll him.
However, based on Part 5 of Article 401 of the Criminal Code of Ukraine, the court ruled to release the military from criminal liability.
The court issued a similar verdict in two other cases. Thus, according to the court's decision, soldiers of one of the mechanized brigades returned to service. One of them left the place of service in November 2022, and the other in January 2024, during the deployment of their unit in Vinnytsia region.
In addition, the court allowed the deputy company commander of another military unit, who left his place of service in December 2024, also during his deployment in Vinnytsia region, to return to the army.
Law enforcement officers detained the soldiers. Since the military left the place of service for the first time and voluntarily decided to continue serving, they were released from custody under Part 5 of Article 401 of the Criminal Code of Ukraine. The leadership of one of the military brigades agreed to accept these individuals for service, so they will continue to defend the country as part of this military unit
AddendumAddendum
The Bureau emphasizes that unauthorized leaving of a military unit or place of service, without valid reasons, committed in a combat situation, is punishable by up to 10 years in prison.
Therefore, those who have found themselves in such a situation for the first time have a chance to return to the ranks, help their fellow soldiers defend the country and continue to live without remorse or conflict with the law.
Recall
In August , the Verkhovna Rada passed a law exempting military personnel from criminal liability for the first unauthorized abandonment of a unit and desertion. Returning to service requires the written consent of the unit commander.