Conscription for many young people can be a real stress, since most of them are simply not ready for such psychological and physical stress. But this absolutely does not remove responsibility if the draftee decides to desert. Indeed, the unauthorized abandonment of a part or place of service is punishable by law.
What is leaving a part arbitrarily?
The law of Russia considers several reasons why a fighter can leave the service, and each of them is regarded in his own way, therefore, the punishment is different. Consider the main points of Art. 337 of the Criminal Code:
- If a soldier left the duty station for a good reason or has a dismissal in his hands, then no punishment is imposed. Such a document can be issued for a period of two to ten days, but if a soldier is late for service and has not returned from vacation on time, a penalty of 6 months to a year is imposed.
- If there are violations in the disciplinary part, then according to Art. 337 of the Criminal Code, the arrest may last up to 2 years.
- If the soldier left the service and did not appear by the time by which he was given a leave or leave, while his absence is not limited to ten days, but is about a month, a prison term of up to three years is provided.
- If a soldier left the unit for the first time, then the law may be favorable to him. But the court takes into account the reasons, since young people who commit an act as a result of difficult circumstances are exempted from liability.
What is desertion?
The unauthorized abandonment of a part or place of service is desertion, which is regarded much more seriously than just self-willed, as in this case the soldiers try not only to escape, but also to hide for a long time to avoid punishment. Most often, deserters become citizens who are trying in every possible way to avoid military service and may not even appear at the place of its passage. Deserting is punishable by seven years of imprisonment, while the military will have to spend all this time in prison, after which he will again have to undergo military service in the army. If a soldier writes a statement in which he indicates that he wanted to return to the unit again, then his act will be considered as an autocrat, and, therefore, the punishment will not be so harsh.
How to prove that self-willed happened during a combination of difficult circumstances?
In order to avoid punishment, it is necessary, first of all, to clearly understand what exactly is considered to be difficult circumstances that can lead to AWOL. The court does not pay attention to simple words, here it will be necessary to provide documents and facts that will confirm the truthfulness of what was said by the defendant.
The only circumstance that the court may take for a difficult one may be the fact when unregistered force was applied to a soldier, as a result of which bodily injuries were inflicted on him. All other cases when the soldiers decide to leave the unit without a leave, are called self-willed. For example, the illness of someone from the family or personal relationships are not considered difficult circumstances, and such a violation will have to be answered.
The ability to avoid mistakes and not be punished under articles
Unfortunately, the military has the right to make mistakes. Young soldiers are no exception. AWOL for them is the best option for solving problems, because most of all the guys are driven by fear that there is no justice in part, and mistrust of their commander.
According to the law, withdrawal into an autocratic will even because of beatings can be regarded as an attempt to escape. Moreover, to prove later that the injuries were inflicted in part is practically impossible, because in Art. 337 of the Criminal Code of the Russian Federation states that all actions can be qualified as intentional self-harm, therefore it is best to turn to the commander or medical unit for help. If the court finds that the injuries were intentional, the soldier will have to be punished by imprisonment for a term of seven years.
How to prove your case
When the situation remains hopeless, and the commander ignores all appeals to him by a soldier, a soldier can leave the unit without permission. However, he must remember that no punishment will follow if the unit is left for no more than 48 hours. Exceeding this period already entails liability. The military unit is abandoned taking into account the following facts:
- An explanatory note was written by the military personnel, in which he detailed the reason for his act and specifically indicated the offenders along with higher authorities who had not taken measures to eliminate the problem. The application must be registered with the office.
- After the unit has been left, it is necessary to report this to the draft board.
- Further, an appeal to the military commandant’s office and the prosecutor’s office is officially executed.
- In a medical institution, you should definitely remove the signs of beatings and officially record everything.
All of the above documents are submitted to the court, and then Art. 337 of the Criminal Code cannot be applied. Most likely, higher officials will be punished for negligent attitude to their official duties.
Correct decisions and actions of a serviceman in the event of a self-willed
A soldier who voluntarily left the service must remain calm and act in accordance with the law. It is also necessary for the conscript to make sure that all interests are protected by a lawyer. All applications must be notarized and written. If the military unit violates the rights of the conscript, and he is denied registration of the application with the office, then you can send a registered letter with a notification. In order for rights not to be infringed, it is necessary to be a fully informed person.