Desertion during the war: the lawyer explained new amendments to the Criminal Code of Ukraine
Thus, changes to the Criminal Code of Ukraine decriminalize the escape from the military unit up to three days. This was stated by the head of criminal law practice, LCF Law Group Partner Maxim Sheverdin in a comment to the Mirror of the Week.
"Leaving the place of service up to three days, committed in the conditions of martial law, is also not covered by the composition of the administrative offense provided for in Article 172-11 of the Code of Administrative Offenses, since the administrative offense does not indicate the situation-martial law. In the context of martial law, neither administrative nor criminal liability is provided, ”the lawyer said.
If the President signs the law, law enforcement officers will have to close criminal proceedings, which refers to desertion for up to three days. The expert also notes that last year 6174 criminal proceedings were opened under the article, of which suspicion was awarded in 1540 cases. This year, law enforcement officers opened 6476 proceedings, suspected in 877 cases.
In connection with the new amendments, the question arises how law enforcement officers will qualify the cases where the fighter has left the place of service for up to three days. And at what point the calculation of the term of desertion begins. According to the expert, the answers will be given by law enforcement practice of law enforcement agencies and courts. Focus earlier wrote that in June in the Ivano-Frankivsk region, a man was sentenced to four years in prison for desertion.