LawCriminal law

As stated in Art. 337 of the Criminal Code? What can be the punishment for leaving the military unit arbitrarily?

Calling up the army for many young people can be very stressful, since most of them are simply not ready for such psychological and physical stress. But this does not absolve anyone of responsibility if the conscript decides to desert. After all, the unauthorized abandonment of part or place of service is punishable by law.

What is the abandonment of a part on your own?

The law of Russia deals with several reasons why a soldier can leave the service, and each of them is regarded in his own way, that's why the punishment is different. Let's consider the main points of Art. 337 of the Criminal Code:

  • If the military has left the place of service for a good reason or if he has a leave of absence, then punishment is not provided. Such a document can be issued for a period of two to ten days, but if a serviceman is late for the service and does not return from vacation on time, a penalty of 6 months to one year is imposed.
  • If there are violations in the disciplinary part, then according to Art. 337 of the Criminal Code of the Russian Federation, the arrest can last up to 2 years.
  • If the soldier left the service and did not appear on time, to which he was given leave or leave, while his absence is not limited to ten days, but is about a month, the term of imprisonment is three years.

  • If a serviceman leaves the unit for the first time, then the law may be favorable to him. But the court takes into account the reasons, since the responsibility for the release of young people who committed the act as a result of difficult circumstances.

What is desertion?

Unauthorized abandonment of part or place of service is desertion, which is regarded much more seriously than just wolf, as in this case soldiers attempt not only to escape, but also to hide for a long time in order to avoid punishment. Most often deserters are citizens who are trying in every possible way to avoid military service and may not appear at the place of its passage at all. Desertion is punishable by seven years of imprisonment, and the military will have to spend all this time in prison, after which he will again have to perform military service in the army. If the soldier writes a statement in which he indicates that he wanted to return to the unit again, then his act will be considered as a wolf, and hence the punishment will not be so harsh.

How to prove that the wolf happened at a confluence of difficult circumstances?

In order that punishment can be avoided, it is first of all necessary to clearly understand what exactly is considered to be difficult circumstances that can lead to a self-wave. The court does not pay attention to simple words, it will be required to provide documents and facts that will confirm the veracity of what the defendant said.

The only circumstance that a court can take for a heavy one can be the fact that military servicemen were subjected to unregistered power actions, as a result of which they suffered bodily injuries. All other cases, when soldiers decide to leave the unit without a leave, are called samovolkoj. For example, illness of one of the relatives or personal relations are not considered as difficult circumstances, and for such a violation it is necessary to answer.

The opportunity to avoid mistakes and not suffer the punishment provided for in articles

To the great regret, servicemen have the right to make mistakes. Not an exception, and young soldiers. An unwillingness for them is the best option for solving problems, because most of all the guys are moved by fear that in part there is no justice, and distrust of their commander.

According to the law, care in wagons, even because of beatings, can be regarded as an attempt to escape. In this case, to prove later that the injuries were inflicted in part, it is almost impossible, because in Art. 337 of the Criminal Code states that all actions can be qualified as intentional self-harm, so it's best to ask for help from the commander or in the medical unit. If the court recognizes that the injuries were inflicted on purpose, the serviceman will be punished by imprisonment for a period of seven years.

How to prove your rightness

When the situation remains hopeless, and the commander ignores all the appeals of a soldier to him, a serviceman can leave the unit unauthorized. At the same time, he must remember that punishment will not follow if the part is left for no more than 48 hours. Exceeding this period already entails responsibility. The military unit is abandoned taking into account such facts:

  • An explanatory note was written to the servicemen, where he explained in detail the reason for his deed and specifically pointed out the offenders together with the higher authorities, who did not take measures to eliminate the problem. The application must be registered with the office.
  • After the part has been left, it is necessary to inform about it to the military commissariat.
  • Then the appeal to the military commandant's office and the prosecutor's office is formally formalized.
  • In a medical institution, be sure to remove the signs of beatings and everything is officially fixed.

All of the above documents are submitted to the court, and then Art. 337 of the Criminal Code can not be applied. Most likely, the higher officials will be punished for negligent attitude to their job duties.

Correct decisions and actions of the serviceman in case of a self-winding

A soldier who left his service on his own should remain calm and act according to the law. It is still necessary for the conscript to take care that all interests are protected by a lawyer. All applications must be notarized and written. If a military unit violates the rights of a draftee, and he is refused registration of an application in the office, you can send a registered letter with a notification. That rights are not infringed, it is necessary to be comprehensively informed person.

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