Not in prison, but on the front: the military who first went to the HSC began to return to the war - DBR
Recent amendments to the Criminal Code of Ukraine allow the courts to release such fighters from criminal liability if they voluntarily decide to return to the service. At the end of September 2024, the Novomoskovsk City Court decided not to imprison the military, which in December 2023 left its part in the Dnipropetrovsk region without order. During the investigation, the DBR investigators established his whereabouts and detained the military.
In court, he expressed his desire to continue his service, and the commander of one part agreed to enroll the military. On the basis of Part 5 of Art. 401 of the Criminal Code of Ukraine the court released a military from criminal liability. Similar decisions were made by the courts of Odessa and Mykolaiv regions in early October. Three soldiers who left the service in 2022 and 2024 were also released from liability after detention because they decided to continue the service.
DBR reminds that unauthorized abandonment of service during hostilities is punishable by imprisonment for up to 10 years. "Those who have been in this situation for the first time have a chance to return to the system, help their brothers defend the country and continue to live without reproach and conflict with the law," the DBR said. In August 2024, the Council supported the Bill No.
11322, which removed the responsibility for the first HCR or desertion, provided that the serviceman returned to the part on his own and allowed the commander to continue the service. We will remind, on September 23 the prosecutor's office opened criminal proceedings on possible evasion of service by a serviceman of the 56th separate infantry brigade Sergey Gnesdilov, who in September 2024 left part of the 2024. On September 21, Serhiy Gnezdilov announced that he decided to go to the HSC.