As of article 337 of the criminal code? What would be the punishment for leaving military unit willfully?

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2018-03-28 13:10:12

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Conscription for many young people can be a real stress, as most of them are just not ready for such psychological and physical stress. But it does not remove the responsibility, if the recruit decides to desert. After all, absence without leave or place of service is punishable by law.military unit

What is the leave voluntarily?

The Russian law considers a few of the reasons why the soldier may leave the service, and each of them is regarded differently, so the penalty is different. Consider the main points to article 337 of the criminal code:

  • If the military left the place of service for cause or he has in the hands of a soldier, the punishment is not provided. Such a document may be issued for a period of from two to ten days, but if a soldier was late for work and didn't come back from vacation in time, is punished with arrest for a period from 6 months to a year.
  • If there are violations in the disciplinary part, according to article 337 of the criminal code, the arrest may last up to 2 years.
  • If a soldier left the service and did not appear in the term to which he was given leave or vacation, while its absence is not limited to ten days, and is about a month, envisages the term of imprisonment up to three years.

article 337 of the criminal code

  • If a soldier left part the first time, the law may be favorable to him. But the court considered the reasons as exempt from liability young people have committed acts resulting in severe circumstances.

What is desertion?

Absence without leave or place of service, desertion, which is considered much more serious than just AWOL, as in this case, the soldiers attempt not only to escape, but for a long time hiding to avoid punishment. Most often deserters become citizens who are trying to avoid military service and may not arrive at its passing. Desertion is punishable by seven years imprisonment, while the military will have all this time to spend in prison, after which he will have to undergo military service in the army. If a soldier will write a statement which would indicate that he wanted to return to the part again, then his act will be considered as AWOL, and thus the punishment will not be so hard.

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How to prove that AWOL was under exceptional circumstances?

In Order to avoid punishment, one must, first and foremost, be clear about what is considered to be severe circumstances that can lead to AWOL. The court does not pay attention to simple words, then you will need to provide documents and facts, which will confirm the veracity of said defendant.

soldiers AWOL

The Only circumstance which the court may be heavy, may be the fact, when the soldier was ill-used the power of influence, in which he sustained bodily injuries. All other cases, when soldiers decide to leave the part without a furlough, called AWOL. For example, illness someone from the family or personal relationship is not considered to be a severe circumstances, and for such violation will have to answer.

The Opportunity to avoid mistakes and not to incur penalties under articles

Unfortunately, servicemen have the right to be wrong. No exception and the young soldiers. AWOL is the best option to solve problems, because most guys are driven by the fear that in part there is no justice, and distrust of his commander.

absence without leave or place of service

By law, the AWOL charge alone even because of the beating can be regarded as an attempt to escape. To prove then, that the injury was caused in part, it is practically impossible, because in article 337 of the criminal code stated that all actions can qualify as intentional self-harm, so it is best to ask for help to the commander or to the infirmary. If the court finds that the injuries were inflicted specifically, the serviceman will have to pay the penalty of deprivation of liberty for a term of seven years.

How to prove their case

When the situation remains hopeless and the commander ignores all the appeal to the soldier, the soldier may leave the base without permission. However, he must remember that punishment will follow if the part will be abandoned no more than 48 hours. Exceeding this time entails responsibility. The military part left with these facts:

  • Soldiers were written explanatory note, where he explained the reason for his action and specified offenders with higher authorities, who took measures to remedy the problem. The application must be registered in the office.
  • Once the part has been abandoned, you must report it to the military.
  • Further formalized appeal to the military commandant's office and Prosecutor's office.
  • In a medical facility, be sure to remove the bruises and all to be on the record.

absence without leave or place of service for desertion

All of the above documents are submitted to the court, and then article 337 of the criminal code may not apply. Likely to be punished by superiors for neglect of their official duties.

The Right decisions and actions of the soldier in case of AWOL

Soldiers, who voluntarily left the service, should remain calm and act in accordance with the law. Still need recruits to ensure that all interests were protected by lawyer. All applications must be notarized and written. If part of the military violates the rights of the recruit, and he was denied the registration statement in the office, you can send a registered letter with notification. To the right is not infringed, you must be fully informed person.


Article in other languages:

AR: https://tostpost.com/ar/the-law/5393-337.html

BE: https://tostpost.com/be/zakon/9580-ab-chym-abvyashchae-art-337-kk-rf-yak-m-mozha-byc-pakaranne-za-pak-dan.html

DE: https://tostpost.com/de/das-gesetz/9579-was-besagt-artikel-337-des-strafgesetzbuches-der-russischen-f-deration.html

ES: https://tostpost.com/es/la-ley/9585-sobre-lo-que-dice-cucharadas-337-del-c-digo-penal-c-mo-podr-a-ser-el-c.html

HI: https://tostpost.com/hi/the-law/5398-337.html

JA: https://tostpost.com/ja/the-law/5396-337.html

KK: https://tostpost.com/kk/za/9583-ol-turaly-bylay-del-ngen-k-n-337--zhat-anday-boluy-m-mk-n-zhazasyn-ald.html

PL: https://tostpost.com/pl/prawo/9584-o-czym-m-wi-art-337-kodeksu-karnego-jaka-mo-e-by-kara-za-pozostawienie.html

PT: https://tostpost.com/pt/a-lei/9580-sobre-o-que-diz-st-337-c-digo-penal-como-pode-ser-puni-o-para-o-abando.html

TR: https://tostpost.com/tr/hukuk/9587-hakk-nda-daha-okur-madde-337-ceza-kanunu-nun-mi-nas-l-olabilir-ceza-va.html

UK: https://tostpost.com/uk/zakon/9584-pro-scho-sv-dchit-st-337-kk-rf-yakim-mozhe-buti-pokarannya-za-zalishen.html

ZH: https://tostpost.com/zh/the-law/5881-337.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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