Are they taking a criminal record in the army? Law on Military Duty and Military Service

Are they taking a criminal record in the army? We will need to understand this topic further. In fact, issues related to military service are very troublesome. And so you have to find out who and under what circumstances are not being taken into the army. How does a criminal record affect this event?

whether they take a criminal record in the army

About draftees

First of all, we’ll try to understand who can be considered a draftee.

Such people in Russia are considered to be male citizens of the Russian Federation from 18 to 27 years old inclusive. This category of the population must undergo compulsory military service or contract service. But there are exceptions.

Are they taking a criminal record in the army? And under what circumstances can a person be exempted from military service? Answers will be surely found below.

Deferral

Most often, draftees are entitled to deferment from the army. That is, a citizen will be called up for service a little later. The main thing is that the draft age does not come to an end. If this happens, a person will be issued a military ID with the appropriate mark. And they won’t take him into the army.

Deferral may be granted:

  • upon admission to the university;
  • during training at a technical school;
  • while a person is in school;
  • if a citizen alone brings up a child;
  • in the presence of a pregnant wife in late pregnancy;
  • if the conscript is caring for a sick relative in need;
  • when working in state and government spheres (Ministry of Emergencies, Ministry of Internal Affairs, State Duma and so on).

Is there a delay in admission to residency, graduate school or graduate school? Yes. But if a person decided to get a second "tower", first he will have to serve.

conscription

Are they taking a criminal record in the army? How does its presence affect the conscription service?

About the concept of "criminal record"

First, we’ll try to figure out what is at stake. What is called a criminal record?

This is how they describe the status, the receipt of which took place as a result of violations of the laws of the country. The judicial authority examined the materials of a specific case, after which he found the conscript guilty of a particular crime.

Accordingly, if a citizen has a court order indicating that a potential soldier is guilty of violating laws, it is generally accepted that a criminal record is taken place. Is she so important for conscription? Yes.

About the call

The fact is that the current legislation of the Russian Federation takes far from all citizens into the armed forces. People who break the law cannot be called up for military service. This is a completely normal, legal phenomenon.

Is it possible to serve in the army with a criminal record? Not. First you need to get rid of her. Only after this person can the law call for urgent or contract service. There are no alternatives in this matter.

extinguished conviction army

Who doesn’t take?

Now a few words about under what circumstances a man will not be taken into the army for military service. Of course, we are talking about the connection actions with a criminal record, because we have already studied some of the reasons for the delay.

Who is being taken into the army? The answer to this question will no longer cause any difficulties. And how does a criminal record affect the call?

According to article 23 of the law "On Military Service", the following persons are not enlisted in the army:

  • serving sentences in any form (any type of work, arrest, imprisonment);
  • having a criminal record;
  • in respect of which there is an inquiry, preliminary investigation, criminal case, trial.

It follows that a criminal record exempts a person from urgent appeal for a while. Only this is not the best way to "slope" from the army. It is better to fulfill their civic duties and sleep peacefully.

Types of Criminal Records

But everything is not as simple as it seems. We found out if they take a criminal record in the army. Their types were not taken into account.

with probation taken into the army

Criminal records are different, as are punishments for certain crimes. For example, the following categories of the studied concept are distinguished:

  • conditional;
  • ordinary;
  • open
  • repaid.

With a conditional conviction take in the army? Not. This scenario is considered an open criminal record. With her in the Armed forces of the Russian Federation do not call. Such laws are currently in force in Russia.

But with a canceled criminal record, a citizen can easily be taken into the army. After a person has served his sentence and "paid" for a violation, he is released from liability. Accordingly, they have the right to pick up the army.

The effect of a criminal record on life

Nevertheless, conviction affects the life of a man. The fact is that many believe that with its help you can avoid the service. As we have already found out, this is not so. They will be drafted into the army after the conviction has been paid off.

who are taken into the army

How will this event affect future life? The doors to the army will still be open, but building a career will be problematic. People with a criminal record (even extinguished) are not taken to the government, authorities and security. They are unlikely to be able to work with jewelry, secrets, children.

It follows that it is very difficult to get a job after a criminal record. And this fact will have to take into account each draftee. Is there a canceled criminal record? The army and the urgent appeal will wait for such a person.

About repayment

When will a criminal record be considered canceled? If a citizen has served his sentence and has not broken the law repeatedly for some time. The exact time depends on the situation.

Drafting into the army after a criminal record is possible after its repayment. It is recommended to focus on the following dates:

  • conditional term - withdrawn at the time established by the court;
  • punishment without prison - 12 months;
  • imprisonment, crimes of light or medium gravity - 3 years;
  • serious crimes - 6 years;
  • especially serious offenses - 8 years.

The listed periods are usually called a trial period. Only after their graduation can a person be drafted into the army.

Examples

In fact, even the information proposed above does not give any specifics on the topic being studied. It is clear that with an open criminal record a person will not be taken into the army. But what happens after it is paid off? To make it easier to understand this issue, consider a few illustrative examples.

Suppose that a young man was sentenced for a crime of moderate gravity for 2 years. The punishment began when the citizen was 18 years old. He will be freed at 20 years old. This is a military age. But we should not forget about the trial period. In our case, it will be 36 months. Full exemption from the consequences of breaking the law will come in 23 years. Such a young man will be called up for military service after the previously indicated age.

Another situation: a citizen was convicted of a felony at the age of 20. The duration of the sanctions is 3 years. The trial period is 6 years. Ultimately, the offender will “wash off” from the consequences of his actions by 29 years. This age cannot be considered conscription. Accordingly, the draft in the army will not take place. Instead, the former violator will be issued a certificate of the established form.

Is it possible to serve in the army with a criminal record

Summary

From now on it is clear whether they take a criminal record in the army. Unambiguously answer this question will not work. With an open criminal record, a person will not be taken for sure. But after serving the sentence, the situation will be decided on an individual basis. Someone will be drafted into the armed forces of the country, and some will be able to avoid this event.

Serving under the contract, if a person was ever deprived of his liberty, is prohibited by law. And this feature will have to be taken into account.

Source: https://habr.com/ru/post/E17082/


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