The General Assembly of the Supreme Court of the Russian Federation prepared statements on the details of the consideration of criminal cases against military service in courts, after which the draft decision was sent to the editorial commission. familiar with the document TASS.
There are 123 products in the project. It takes into account the amendments made to the Criminal Code of the Russian Federation in September 2022.
It is stated that a soldier is responsible for desertion if he has the aim of completely avoiding military service.
“Intention to desert may be evidenced by evidence that a person has obtained or presented false identity documents, or has performed military service as prescribed by law, or has been delayed because of concealment of the fact of conscription, employment, military service. service and so on when detained by a law enforcement agency,” the document says.
The Court of Cassation noted that crimes against military service committed during the mobilization period or in the conditions of armed conflict and combat operations are characterized by an increased public danger, therefore this situation should be considered aggravating.
The court declared that if the act, which is essentially a crime against military service, does not have socially dangerous consequences and does not harm the interests of the state and the service, the case should be closed because there is no corpus delicti. In this case, the accused may be subject to disciplinary action. Serious consequences that aggravate responsibility for failure to comply with an order are expressed in “particularly a reduction in combat readiness of a military unit, inability to complete a combat mission, loss of military command and disablement of critical infrastructure facilities. ”
It is emphasized that in case of execution of an order contrary to the legislation of the Russian Federation, the subordinate bears criminal responsibility.
The statement also details the consequences of leaving combat duty, refusing to obey orders, and damaging military property.
Previously reportedRussia can impose criminal sanctions to evade mobilization service.