Unauthorized leaving of the unit: criminal liability

If by law a citizen is required to be in the military unit, but in fact he is not there, it can even be about a crime pursued according to the rules of the Criminal Code. This leads to the unauthorized abandonment of the military unit for a month or more. The fourth part of article 337 tells about such evasion and punishment. The Criminal Code of the Russian Federation considers the unauthorized abandonment of the part as a serious offense.

general information

So, what can threaten a soldier who has left the unit and lingered outside of it? Not too little: the legal consequences of unauthorized leaving part - up to five years behind bars. True, this is the most rigorous of the possible options with such a fault. In recent years, the judicial practice of our country is aimed at mitigating punishments in various types of misconduct, including official ones. This does not mean that the punishment will be abolished altogether, just often the sentence passed by the judge will not include the maximum possible option. The unauthorized abandonment of the part by the contractor, as well as the draftee, entails a lot of negative consequences for the serviceman. Is it correct?

In fact, the criminal responsibility for the unauthorized abandonment of a part presupposes a prison for a month and a half.

On what factors does the judge's decision depend? The circumstances play an important role. What guided the soldier by leaving the service? What reasons prompted him to do this? The legal consequences of the unauthorized abandonment of the military unit directly depend on the aggravating or mitigating judicial solution of the situation. Some soldiers have really important motives that the court takes into account.

Special case

There are soldiers who, according to the article of the Criminal Code of the Russian Federation, "Unauthorized leaving part", have already been brought to justice. If the situation is repeated, the punishment will be stricter than the first time. In addition to the period of imprisonment, the court can also appoint a probationary period. A special situation is when there was already a conviction with conditional imprisonment, after which the soldier made an attempt to leave the territory of the unit. Here the judge has the power to cancel, to keep the criminal punishment. More details are disclosed in Article 74 of the Criminal Code of the Russian Federation.

It is important!

The responsibility for the unauthorized abandonment of the unit will lie on the shoulders of the soldier not so heavy a load if he independently and willfully return to the place where he was assigned. You can report your own evasion to the unit, the nearest law enforcement agency. You can go to the military prosecutor's office, ask for help from the police, the administration, the military commissariat. Such an appearance in a specialized agency with the intention of returning to the service means that a person stops illegal actions, hence the crime ends.

In practice, this works as follows: the soldier leaves the territory on his own, after finding the fact of the loss, the first time the search is not advertised. Although this does not happen in any part. The period stands out, so that a person thinks for himself whether he needs to hang a crime on himself. It is not immediately clear what is at stake: desertion? Unauthorized leaving part? Responsibility for these articles is different.

How to smooth the situation?

As mentioned above, the independent appearance in any instance connected with law enforcement and military bodies will help to settle the moment. If a soldier is left unauthorized leaving part or place of service, art. 337 will be applied when the investigation is initiated. If a person succeeds in appearing before the official search begins, one can come to blame with the authorities.

And here's how lucky. Some of them will open the case anyway, while others will try to hush up the situation. In practice, the second much more. That is, if the case has not yet been given an official move, the article is not threatened for the unauthorized abandonment of the part, the soldier will simply be dismissed - quickly and quietly. Therefore, in any case, if so where to surrender, it is better to "their own".

When and about what?

What is the difference between desertion and unauthorized abandonment of the unit? The law declares: delineation is made by analyzing the reasons for which the soldier committed an offense. This is established by the Criminal Code of the Russian Federation (articles under numbers 337, 338).

The unauthorized abandonment of a part or place of service implies that the person wished for some time to evade the duties assigned by the authorities of the country. But you can talk about desertion when a person tries to escape from service, hoping to "get rid of the cargo forever". Lawyers insist on delimiting these concepts by the time that a person hid from the authorities. Argument the position that it is impossible to determine what the soldier had in mind - to leave for a while or forever. And yet most of the lawyers do not agree with this approach.

Causes and consequences

The Criminal Code of the Russian Federation obliges, during the investigation, to carefully analyze the motives, the reasons for which the unauthorized abandonment of the military unit occurred. It is also necessary to pay attention to how the serviceman behaved, leaving the place where he was supposed to be in accordance with the obligations assumed.

What do the laws say?

Let's consider in detail article 337, which tells in detail what should be assessed as the unauthorized abandonment of the military unit and how to punish it. From the text of the law it follows that the punishment can be applied to such a soldier whose period of absence is more than 10 days. But depending on the duration, variations are possible. So, suppose the soldier was not in place for more than 10 days, but still appeared before the full month had passed.

The unauthorized abandonment of a part is punishable by law as well as in case of failure to appear at the due time. They attract, punish contract soldiers, conscripts. The court establishes a restriction on the passage of service for 2 years. You can also put the perpetrator behind bars. Disciplinary units are intended for this purpose. The court has the right to appoint a term of 3 years.

And if longer?

It may happen that the soldier nevertheless showed up, although he left the part unauthorized, but more than a month has passed since that moment. Then the responsibility will be more serious - here already to limit freedom can for the full 5 years.

In this case, special rules apply to such a military man, for whom the fault was first noticed. It can be completely absolved from responsibility, but this approach is allowed only when the accused party was able to present evidence to the court of the difficult circumstances that forced the story so.

Can award and more

In some cases, the court may decide that it is not about the unauthorized abandonment of the unit, but about full-fledged desertion. Here the judge has the right to decide on seven years in prison. Desertion can be said if a soldier does not come to the place of service, left him or simply evades the passage.

According to the current laws, such soldiers, for whom desertion was established for the first time, can avoid criminal liability. This remains at the discretion of the judge. If the court ruled that the person was held hostage to circumstances that did not develop in his favor, then you can completely abolish the punishment. In either case, the person who left the duty station should return as soon as possible. From this will depend on how the judge will assess the behavior of the offender, and the method of approach to the process.

Once in the law it is written, means, it is necessary

In accordance with the current regulations of the law, every adult male citizen is obliged to perform service in our country if he does not have contraindications for health reasons, if he does not receive training at a higher educational institution or has other circumstances preventing the enrollment of Russian soldiers. There are several federal laws detailing the specifics of the service, regulating responsibility, provoked by various offenses, not the last place in the frequency among which is the unauthorized abandonment of the unit. In addition, in the service it is necessary to be guided by the general-military statutes that have the force of legislative acts.

Everyone called must, within a time strictly regulated by the rules, arrive at the territory to which the responsible authorities sent him. Distribution is the responsibility of the district leadership.

Why is it so important to observe the law?

Servicemen, known for their unauthorized abandonment of the unit, are dangerous social elements. This is connected with this: this behavior is contrary to the law, violates the established procedure for military service and makes it difficult to perform daily tasks for the entire unit. That is, a simple non-appearance creates great difficulties, especially serious for such a disciplined society.

In addition, a person who does not appear in the place of service, thereby undermines the defenses of his native state. You can say it's funny - what will change the presence of just one soldier? But as soon as dozens follow the one, hundreds and thousands will go there, and no one will defend the homeland, except for the most responsible and patriotic, which is definitely not enough for such a large territory. Therefore, it is important for the combat readiness of the sea, air and land forces to carefully monitor the observance of discipline and punish those who violate it.

Crime should be punished

Once from the existing laws it follows that failure to attend the place of service is a crime, therefore, there must be punishment. This is what the military justice is doing - looking for those who violate the law and assigning them punishment in accordance with the degree of misconduct and circumstances that provoked such a situation. Evasion is one of the most frequent types of violations of law in the armed forces of our country. How to deal with maximum efficiency is still unclear - liability is regularly introduced, advertising campaigns are carried out to improve the image of the armed forces, and improve the quality of duty stations. Woz, as they say, and now there.

In addition to the already described 337, 338 articles, it is important to mention also 339. In it, evasion from service is deciphered by an attempt to simulate the disease. Under this pretext, a military man can try to withdraw from his part - he pretends to be sick. However, more often such simulations are used not to be called up.

Is there a difference?

It has been mentioned above that the law applies equally to those who undergo contract service, and to those who are enlisted in the armed forces within the framework of seasonal appeals. But the application of the regulations is somewhat different for both groups of servicemen. This is due to the signs of crime.

If the military is involved in the service by the draft seasonal program, the following behavior strategies will be considered an offense:

• Non-appearance on the territory in time;
• Unauthorized abandonment of the territory.

Responsibility "will catch up" in two days. This applies to the situations of appointment, the transfer of the employee, his exit from the hospital and some other circumstances.

Arrived within the recruiting campaign, a person lives in a barracks in the established area, without leaving the designated territory, except for the obligations imposed by the command. You can also get permission to leave the unit. You can leave, leaving the army. This procedure is regulated by the current charter of the RF Armed Forces.

Objectively and subjectively

So, a crime is any situation when the military has left the territory where he should be under the law in force, without the permission and the right to do so, or did not come to this territory on time, to which he was obliged. But there is a situation where he simply could not do it, subjectively or objectively. The first option is when the person himself believes that he did not have the opportunity to come to the site or stay there. The second - when the law recognizes for him the right to leave a part or not to arrive on time on its territory.

When you can count on the fact that responsibility does not threaten, they will not surrender to court, and if they do, they will fully justify it? Considerable are the following reasons:

• Disease, death of a close relative;
• Extreme necessity;
• Detention by power;
• Natural catastrophe.

Possible circumstances of an irresistible nature, not dependent on the person himself.

And how will the judge assess?

The punishment is appointed if the court ruled: non-appearance, leaving the part occurred intentionally. The accused himself can insist: a misdemeanor. It turns out to prove its position, then it will be possible to be protected from punishment. Will not work - CC.

A person who is considered to be serving in the Armed Forces can commit a crime. This applies not only to people directly living in the barracks, rising early in the morning on the whistle of the sergeant. The status of those who study in a military educational institution is similar. These people do not serve in the usual way, but after the completion of training they make an agreement with the state.

Similarly, the situation before the law is due to lack of discipline, poor performance before contracting, those who refused to sign a contract within the time limit specified by the law.

And if under the contract?

If the recruits are given only 2 days, the contractors have more opportunity to "walk". According to the established standard, the persecution begins when absenteeism, delay is 10 days.

Contract workers are required by law to stay on the territory of the military unit for a working day. They can live anywhere, they choose a place they like, they leave a place if necessary, and in the daytime, if there are circumstances conducive to this. In a word, the most common work with the usual rules of behavior. This complicates the application to contractors of legal norms, which are relatively simple with regard to conscripts. When does a person evade the service, and when did he simply go about his business? The court will have to prove that the military had a clearly defined and realized goal to evade, only after that it is possible to prosecute the Criminal Code. Therefore, the standard was introduced for 10 days.

Responsibility: always or not?

By the way, in our country the criminal legislation with regard to the military was somewhat different. The opportunity to evade was absent - under no "sauce"! But now the current standards are as follows: responsibility can be avoided even if the military has tried to evade. The laws have become softer, and the trends are such that the requirements of legal norms are further softened.

About the fact, in what situations are possible indulgences, says a note supplementing Article 337 of the Criminal Code. Here, those military men are considered for whom the "sinner" was first discovered, that is, they were not previously brought to account for this article. But a direct indication is given that only then can the responsibility be removed, when really difficult circumstances led to the misconduct. The situation a la "so wanted" still does not work, you need a more serious explanation.

What severe circumstances does the law say? There is no complete list of the conditions classified in this way in legal acts, the nature of the circumstances is different, much remains at the discretion of the judge. For example, if violence was used against the military, he was mocked, then leaving the place of service is considered to be under difficult circumstances. This includes the violation of rights as co-workers, and commanding officers. In the army, the infringement of human rights and dignity is unacceptable. If this happens, a person can leave the unit for up to 10 days, and for the first time for this he will not be legally legally. But notice: only in the first, in the future, criminal responsibility for such an offense can not be removed.