The decision of the plenum of the Supreme Court of Russia indicates that voluntary surrender of a soldier is a crime punishable by up to ten years in prison if he does not take any measures to avoid it. interfax.
The Supreme Court has declared that if a soldier is caught for the first time and at the same time takes measures to save himself, he also returns to his post and does not commit a crime while in captivity, he can avoid punishment.
A soldier who was taken prisoner, injured and unable to resist can be acquitted.
In addition, the Supreme Court declared that taking the side of the enemy in order to participate in conflicts as part of enemy formations should be considered treason and could be punished with imprisonment of up to 20 years according to the Penal Code. .
The Supreme Court reminded that during mobilization or martial law, the army cannot escape from carrying out orders and official duties, even if it is in danger.
The document instructs courts to keep in mind that damage caused by military personnel in the performance of their duties is not subject to criminal liability if they act in accordance with the requirements of the relevant regulations. But the military has the right not to carry out the orders of the commander, which violates Russian law or is not related to his duties. If a soldier complies with a criminal order and is aware that it is a violation of the law, he is subject to criminal liability and the commander will be brought to justice as the instigator or organizer.
According to the decision of the Supreme Court, escaping from the draft can be accepted as not showing up for honey without a valid reason. review, professional psychological selection, and draft board meeting. Those who do not come at the place and time specified in the agenda in the military registry and registry offices to be sent to service, and those who deserted from the military will be considered citizens. At the same time, the prosecutor’s office must prove that the citizen was informed that he must appear at the military registration and enlistment office.
A good reason not to go to the military registry and military service office after receiving a summons is the illness or death of a close relative, a disability as a result of force majeure, or any other non-related condition. the will of the citizen.
A citizen who has come out of military service can only be punished for kidnapping during the period of his enlistment. In this case, the statute of limitations is two years.
The court also noted that it was a crime to pretend to be sick or intentionally injure oneself in order to evade military service.
Temporary desertion is punishable by up to one year of detention in the disciplinary unit. Complete exemption from conscription for intentional self-harm is punishable by up to seven years’ imprisonment, and during a military conflict – up to ten years. Dodge time doesn’t matter.
If the enlisted person was injured by a third person, then the “helper” will be convicted under two articles of the Criminal Code – for fugitive complicity and harm to health.
The Supreme Court recalled that there are citizens who are serving sentences of forced and remedial labor, detained or deprived of their liberty, as well as those under preliminary investigation, as well as those who have an unexplained or extraordinary conviction for committing a crime. Those who are under investigation or criminal investigation and who are not drafted into the military are the cases that are referred to the court.
Previously, St. Petersburg military registration and recruitment offices. started sending call for military service with a warning of “restrictive measures” in case of failure.