The Supreme Court of the Russian Federation declared that when considering cases of voluntary surrender in conditions of armed conflict, it should be considered treason. interfax.
It is reported that by law, surrender under article 352.1 of the Criminal Code of the Russian Federation is qualified only if there are no signs of a crime (treason) in accordance with article 275 of the Criminal Code of the Russian Federation.
If the court finds that a person who participated in an armed conflict, hostilities or other actions by the use of weapons and military equipment as part of the forces of a foreign state, an international or foreign organization opposing the Russian Federation “conclusively” surrenders, then his act should not be considered as treason in the form of crossing over to the enemy.
The court believes that a soldier can escape criminal liability if he first surrenders, tries to free himself, and does not commit crimes in captivity.
It is also noted that if a soldier is unable to escape from captivity because of his physical condition, for example, if he is wounded or has been shocked by a bullet, his capture by the enemy “does not constitute a crime”.
Formerly the Supreme Court judicial crime of surrender in case of resistance.