The voluntary surrender of a soldier, if he did not take any action to avoid this, is a crime for which punishment of up to ten years in prison is threatened. This is evidenced by the decision of the plenum of the Supreme Court of Russia, reports on Thursday, May 18, Interfax. In addition, the court clarified the issues of non-execution of orders, criminal orders of command and treason.
In an explanation on surrender, the Supreme Court noted that a serviceman can be released from punishment if the following conditions are met simultaneously: he was captured for the first time, he took measures for his release, returned to his place of service and did not commit crimes while in captivity .
The Supreme Court also clarified that going over to the side of the enemy in order to participate in hostilities as part of his formations should be qualified as treason. For this crime, according to the Criminal Code, a sentence of imprisonment for up to 20 years can be imposed
Finally, if a soldier is taken prisoner, being wounded and unable to resist, he must be acquitted, the document says. Related materials: The State Duma adopted a law on new rules for conscription into the army. How will the subpoenas be handed out and what threatens the draft dodgers? April 11, 2023 “She offered to put me in a trance” How do scammers and fortune-tellers cash in on the relatives of soldiers who disappeared during the CVO? March 9, 2023 The Russians were told about the changes since April 1 it is forbidden to evade the execution of orders even in case of danger During mobilization or martial law, servicemen have no right to evade the execution of orders and performance of official duties, referring to “a state of emergency”, even if they are in danger, the decision of the plenum of the Supreme Court says. The document also instructs the courts to keep in mind that they are not subject to criminal liability for harm caused by military personnel in the performance of their duties – but on condition that they acted in accordance with the requirements of the relevant regulations.
Military orders are not required to execute criminal orders
The Supreme Court ruled that the military has the right to disobey the commander’s orders if they violate Russian law, are aimed at committing a crime, or do not relate to his duties. If a subordinate carried out a criminal order, being aware that this was a violation of the law, then he is subject to criminal liability, and the commander should be involved as an instigator or organizer. Resolution of the Plenum of the Supreme Court of Russia
What should be understood under draft evasion
The decision of the plenum of the Supreme Court notes that failure to appear without good reason for a medical examination, professional psychological selection and a meeting of the draft commission can be considered draft evasion. Also, citizens who did not arrive at the time and place specified in the agenda of the military registration and enlistment office for sending to the service will be considered evaders. Evidence of this may be repeated failure to appear at the military registration and enlistment office without good reason for several conscriptions in a row, as well as failure to appear after the expiration of a good reason.
the need to appear at the military registration and enlistment office – that is, he was handed a summons
If a citizen has already left the draft age, he can be punished only for evasion during the period when he fell under the draft. At the same time, the statute of limitations for bringing to criminal responsibility, which in this case is two years, must not expire.Feigning illness or injuring yourself to evade military service is a crime, according to a ruling by the Plenum of the Supreme Court. Temporary evasion is punishable by detention in a disciplinary unit for up to a year. Full exemption from conscription due to intentional self-harm implies a punishment of up to seven years in prison, and during a military conflict – up to ten years. In this case, the duration of the evasion does not matter. However, if it took a short period, then the courts may consider it insignificant and not punishable. In addition, a soldier is liable to punishment even if the injury was not caused by him. In this case, the “assistant” will be convicted under two articles of the Criminal Code at once: for complicity in evading and for causing harm to health.A good reason for not appearing at the military registration and enlistment office after receiving a summons is the illness or death of a close relative, the decision of the plenum of the Supreme Court says.Other valid reasons are given in the document: an obstacle that arose as a result of force majeure, or another circumstance that does not depend on the will of the citizen. In addition, the Supreme Court recalled that citizens who are serving sentences of compulsory and corrective labor, restriction of liberty, arrest or imprisonment, as well as those who have an unexpunged or outstanding conviction for committing a crime and persons in respect of whom an inquiry is underway, preliminary investigation or criminal case brought to court.