If by law a citizen is required to be inmilitary unit, but in fact it is not there, it can even be about a crime pursued according to the rules of the Criminal Code. It leads to this 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 fault.
So, what can threaten a soldier who is excommunicated frompart and delayed outside 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 for such a fault. In recent years, the judicial practice of our country is aimed at mitigating punishment in a variety of types of misconduct, including official ones. This does not mean that 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 unit by the contractor, as well as the conscript, entails a lot of negative consequences for the serviceman. Is it correct?
In fact, the criminal responsibility for 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 when 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, which the court takes into account.
There are soldiers who, according to the Criminal Code of the Russian Federation"Unauthorized abandonment of the part" has already been brought to justice. If the situation repeats, the punishment will be stricter than the first time. In addition to the period of imprisonment, the court may also order 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 retain the criminal penalty. More details are disclosed in Article 74 of the Criminal Code of the Russian Federation.
Responsibility for the unauthorized abandonment of partHe will lie on the shoulders of a soldier not so heavy cargo, 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 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 issue: desertion? Unauthorized leaving the part? Responsibility for these articles is different.
As mentioned above, it will help to settle the momentindependent appearance in any instance connected with the protection of law and order, military bodies. 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 to appear before the official search begins, one can come to blame with the authorities.
But 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".
What is the difference between desertion and unauthorizedleaving the part? 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).
Unauthorized leaving part or place of servicesuggests that the person wished for some time to evade the duties assigned by the authorities of the country. But it is possible to 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. Still, most lawyers do not agree with this approach.
The Criminal Code of the Russian Federation obliges during the investigationcarefully 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 his obligations.
Let us examine in more detail Article 337,details of what should be assessed as the unauthorized abandonment of the military unit and how to punish for 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 autocratic abandonment of a part is punishable by lawas 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.
It may happen that the soldier stillappeared, although he left the part unauthorized, but since that moment more than a month has passed. Then the responsibility will be more serious - here already to limit freedom can for the full 5 years.
Special rules apply to thismilitary, for which the fault was noticed for the first time. It can be completely exempted from liability, 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.
In some cases, the court may decide that speechis 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 legislation, such a soldier,for which desertion was established for the first time, can avoid criminal liability. This remains at the discretion of the judge. If the court ruled that a person was taken hostage to circumstances that did not develop in his favor, then it is possible to 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 conduct of the offender, and the method of approach to the process.
In accordance with current regulationslaws, 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-purpose charters, which 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.
Servicemen, known for their unauthorized abandonmentparts, are dangerous social elements. It is connected here with what: such behavior is contrary to the law, violates the established order of military service and hampers the execution of daily tasks around the unit. That is, a simple non-appearance creates great difficulties, especially serious for such a disciplined society.
In addition, a person who did not show upservice, thereby undermining the defenses of the home 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 there will be no one to defend the Motherland, except 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.
Once from the existing laws it follows that failure to attendthe place of service is a crime, hence, 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 the 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 importantmention also 339. It deciphers the evasion of the service by trying to feign 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.
Above it is mentioned that the law is equallyacts on those who pass the contract service, and on those involved in the armed forces within the framework of seasonal appeals. But the application of 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 offended:
Responsibility "will catch up" in two days. This applies to the appointment of situations, employee transfer, release it from the hospital and some other circumstances.
Arrived in the draft campaign manlives in the 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.
So, a crime is any situation whenthe military 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 the date he was required. 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:
Possible circumstances of an irresistible nature, not dependent on the person himself.
The punishment is appointed if the court ruled: non-appearance, abandonment of the part occurred intentionally. The accused himself can insist: misdemeanor. You will be able to prove your position, then you will be saved from punishment. Will not work - CC.
Can commit a crime, one who is consideredwho are serving in the Armed Forces. This includes not only people directly living in 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 of thedue to lack of discipline, poor performance before contracting, those who refused to sign a contract within the time limit given by the law.
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.
Contractors are required by law tomilitary part to stay a working day. They can live anywhere, they choose a place that they like, if necessary, they also leave the place in the daytime, if there are circumstances conducive to this. In short, the most common work with the usual rules of conduct. This complicates the application to contractors of legal norms that 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.
By the way, in our country the criminalThe legislation applied to the military was somewhat different. The opportunity to evade was absent - under any "sauce"! But now the current regulations are as follows: responsibility can be avoided even if the military has tried to evade. Laws have become softer, and the trends are such that the requirements of legal norms are further relaxed.
About the fact in which situations are possible indulgences,says the note, supplementing Article 337 of the Criminal Code. Here, those military men are considered for whom the "sinner" was discovered for the first time, that is before they were not 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 duty station is considered to be in the context of 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 it according to the law nothing will happen. But notice: only in the first, in the future, criminal responsibility for such an offense can not be removed.