{"id":1603,"date":"2026-05-27T05:42:15","date_gmt":"2026-05-27T02:42:15","guid":{"rendered":"https:\/\/002.svaroglaw.com\/military-lawyer\/advokat-po-szch-ta-dezertyrstvu\/"},"modified":"2026-09-15T00:44:36","modified_gmt":"2026-09-14T21:44:36","slug":"advokat-po-szch-ta-dezertyrstvu","status":"publish","type":"page","link":"https:\/\/svaroglaw.com\/en\/vijskovyj-advokat\/advokat-po-szch-ta-dezertyrstvu\/","title":{"rendered":"Lawyer for AWOL and Desertion Cases"},"content":{"rendered":"

The penalty under Art. 407 of the Criminal Code during martial law is five to ten years\u2019 imprisonment<\/strong>, and under Art. 408 (desertion) five to twelve years<\/strong>. That means actual imprisonment, not a suspended sentence: in cases of absence without leave during martial law the courts impose exactly those penalties, and the scope for a lighter sentence is severely limited.<\/p>\n

Art. 401(5) CC<\/b>The law does, however, provide a way out. Someone who has committed an offence under Art. 407 or 408 for the first time<\/strong> during martial law may be released from criminal liability<\/strong> on three conditions taken together: a voluntary application, an intention to continue serving, and the commander\u2019s written consent<\/strong>.<\/span><\/div>\n

The lawyer\u2019s task is to assemble those three elements in the right order and the right form: the application, the commander\u2019s letter, the court\u2019s ruling. An oral understanding with a commander has no legal effect; a signed document is required.<\/p>\n

<\/svg>+38 095 554-54-24<\/span><\/a>legal consultation<\/span><\/div>\n

What changed in 2025\u20132026<\/h2>\n
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The simplified route back closed on 30 August 2025.<\/strong> Law No. 4392-IX allowed a service member to report to a designated unit and receive the commander\u2019s decision within 72 hours. That window no longer exists, and sites still describing it are misleading people.<\/p><\/div><\/div>\n

What applies now is the general procedure<\/strong> under Art. 401(5) CC (Law No. 3902-IX, in force since 7 September 2024): a voluntary application \u2192 the commander\u2019s written consent \u2192 a court ruling<\/strong> releasing the person from criminal liability.<\/p>\n

Each successive stage of the case narrows the options: once a search has been declared it is harder to show the return was voluntary, and once a notice of suspicion has been served some commanders refuse consent.<\/p>\n

Absence without leave or desertion: the difference<\/h2>\n
<\/svg>Art. 407 CC<\/span>

Unauthorised absence from the unit.<\/strong> Temporary avoidance: the service member is absent without valid reason but did not intend to avoid service for good.<\/p><\/div><\/div>

<\/svg>Art. 408 CC<\/span>

Desertion.<\/strong> The difference is the direct intention to avoid military service permanently<\/strong>. The penalty is heavier.<\/p><\/div><\/div><\/div>\n

That line is the defence\u2019s main battleground. Showing there was no intention to avoid service permanently \u2014 the person was receiving treatment, caring for a relative, looking for a way back, staying in touch with the unit \u2014 keeps the case within Art. 407.<\/p>\n

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Valid reasons<\/strong> (serious illness with hospital admission, the death of a close relative, a natural disaster) can exclude the offence altogether, but only where they are documented<\/strong>: a discharge summary, a death certificate, a certificate about the emergency.<\/p><\/div><\/div>\n

\"Lawyer<\/a><\/p>\n

The mechanism for release from liability<\/h2>\n

The conditions under Art. 401(5) CC, all at once<\/strong>:<\/p>\n

  1. the offence under Art. 407 or 408 CC was committed for the first time<\/strong>;<\/li>
  2. a voluntary<\/strong> application to the investigator, the prosecutor or the court stating the intention to return to service;<\/li>
  3. the written consent of the commander<\/strong> of a unit \u2014 your own or another \u2014 to your continuing to serve, the so-called letter of acceptance;<\/li>
  4. a court ruling<\/strong> releasing you from criminal liability.<\/li><\/ol>\n

    A second absence: the mechanism does not apply.<\/strong> There the defence rests on other things: the classification, mitigating circumstances (Art. 66 CC), work on the length of the sentence.<\/p>\n

    The Supreme Court has decided cases in which release under Art. 401(5) CC was granted after conviction, on appeal and in cassation. So a conviction does not always mean the end, and we assess each such case separately in the light of current practice.<\/p>\n

    The route back<\/h2>\n
    1. Establish the procedural position<\/strong>: whether criminal proceedings<\/a> exist, whether a search has been declared, whether a notice of suspicion has been served. That determines whom to apply to and how much time there is.<\/li>
    2. Find a unit willing to take you<\/strong>, your own or another, and obtain the commander\u2019s written consent<\/strong>. Without that document the mechanism does not work.<\/li>
    3. File the application<\/strong> with the investigator, the prosecutor or the court, stating the intention to continue serving.<\/li>
    4. The court hearing<\/strong>: the court verifies that the offence is a first one, that the application is voluntary, and that the commander has consented.<\/li>
    5. The ruling releasing you<\/strong> from criminal liability and closing the case.<\/li>
    6. Actually reporting<\/strong> to the unit, with pay, status and social guarantees restored.<\/li><\/ol>
      <\/svg>

      Simply turning up at the unit is not enough<\/strong> once proceedings have been opened. Reporting in without a procedural application does not remove the criminal risk.<\/p><\/div><\/div>\n

      Why delay narrows the options<\/h2>\n

      While a person is \u201cthinking about it\u201d, the case follows its usual course: suspicion \u2192 search \u2192 preventive measure<\/a> \u2192 indictment \u2192 judgment. At each successive stage there are fewer options, and finding a unit and agreeing the commander\u2019s letter usually takes two to six weeks.<\/p>\n

      Voluntariness is a legal category. It works before<\/strong> the person is found. If a service member has been detained, a \u201cvoluntary return\u201d no longer looks voluntary, and the court sees that in the file.<\/p><\/blockquote>\n

      Typical mistakes before people come to us<\/h2>\n