In Khmelnytskyi region, a man received 4 years in prison for evading service due to an error in the surname on the summons
Kyiv • UNN
The Khmelnytskyi Court of Appeal overturned the acquittal of a man who evaded military service. He received a summons with an error in his surname, but refused to serve.
The Khmelnytskyi Court of Appeal overturned the acquittal of a man who evaded military service. This is reported by UNN with reference to the sentence of March 25.
Details
It is noted that in November 2022, a citizen appeared at the TCC in response to a phone call, provided his documents and passed a medical examination. On the spot, he was issued a so-called "combat summons" to appear at the TCC on November 10, for which he signed and went home to pack. Later, he found out that his last name was misspelled in the summons - with an error in one letter.
When signing for receipt of the summons, he did not pay attention to the correctness of the spelling of the last name, because he gave his registration documents
Speaking on the phone with an employee of the TCC, the man pointed out the error and said that he would not appear on the summons because of it.
The TCC issued a new summons and tried to hand it to him, but the citizen did not open the door and stopped answering phone calls, and once, picking up the phone, he profanely sent the soldier away and said that he would not serve.
In November 2024, the Khmelnytskyi City and District Court of the Khmelnytskyi region acquitted the conscript of charges of evading military service.
The Court of Appeal overturned this decision and imposed a 4-year prison sentence.
The accused explained that he allegedly did not evade, but did not want to serve under someone else's name.
As established during the trial, the man received a summons under signature and knew exactly that he was subject to conscription. The mistake in the spelling of the last name in the summons did not give rise to doubt that it was addressed to the accused, because only one letter was misspelled, and the rest of the personal data (name, patronymic, mobile number and address of residence) corresponded to his person.
Moreover, having discovered this mistake, the accused had the opportunity to clarify his personal data with the employees of the TCC and SP, but did not do so. On the contrary, as can be seen from the testimony of the TCC and SP employees questioned by the Court of Appeal, after discovering the mistake, the man tried in every possible way to avoid receiving a corrected summons, spoke rudely to them and stated that he would not perform military service. The fact of unwillingness to further communicate with the employees of the TCC and SP was not denied in court by the accused himself.
"Such behavior of the accused indicates precisely his deliberate evasion of conscription for military service during mobilization, for a special period, and the technical error discovered was only a pretext for justifying such actions," the court decision states.