Did not appear at the military unit for over a year after treatment: the court sentenced the serviceman to over 5 years in prison

The Khust District Court of Zakarpattia region reviewed a criminal case against a serviceman accused of failing to appear for military service on time without valid reasons during martial law. The court examined the circumstances of the serviceman's prolonged absence after completing treatment, the evidence presented by the prosecution, and the defense's arguments regarding the reasons for not returning to the military unit.

Case circumstances № 309/260/26

The court established that the serviceman, who served under mobilization during a special period and was under the commander's authority, after undergoing treatment at the communal non-commercial enterprise "Zakarpattia Regional Medical Center for Mental Health and Addiction Medicine," did not return to the permanent location of his military unit.

According to the case materials, the treatment ended on May 31, 2024, but the serviceman, without command permission and without valid reasons, did not arrive at the military unit. His absence lasted from June 4, 2024, to October 27, 2025. During this period, he did not perform military duties and spent time at his own discretion.

In the court session, the accused partially admitted guilt. He explained that he served in the military unit, participated in combat operations, and after sustaining a head injury, was treated in Uzhhorod. After discharge, he said that due to poor health, he did not go to the next medical facility and did not return to the military unit but stayed at home. He confirmed that he did not seek medical help, was not undergoing treatment, and was aware of his duty to return to the place of service. He did not inform the military unit command about his whereabouts.

Servicemen of the military unit questioned in court confirmed that the accused served in a mechanized battalion, participated in combat operations, and after completing treatment did not arrive at the place of service. An official investigation was conducted regarding his absence.

The materials of the official investigation confirmed that during the personnel check, the fact of the serviceman's discharge from the medical institution and his failure to arrive at the military unit were established. Search measures yielded no results, and his whereabouts remained unknown for a long time.

The court also examined documents indicating the absence of any treatment or medical visits by the accused after his discharge. Additionally, according to the military medical commission's conclusion, he was recognized as fit for military service.

Court decision

The court noted that the evidence presented by the prosecution is interconnected and collectively confirms all circumstances subject to proof in the criminal proceedings. They established the occurrence of the criminal offense, the guilt of the accused, and other circumstances provided for by Article 91 of the Criminal Procedure Code of Ukraine.

The court concluded that all evidence was obtained in accordance with the criminal procedural law, and there are no grounds to consider it inadmissible. The court recognized the evidence as proper and admissible because it contains factual data related to the subject of proof, is consistent, and does not raise doubts about its reliability.

Regarding the accused's explanation of poor health as a reason for not returning to the military unit, the court stated that such arguments are not supported by any medical documents and are therefore critically assessed.

Based on the examined evidence, the court found proven the fact of the serviceman's failure to appear for service on time without valid reasons for more than three days during martial law and qualified his actions under part 5 of Article 407 of the Criminal Code of Ukraine.

The court also noted that no circumstances mitigating or aggravating the punishment were established in the case. When imposing the sentence, the court considered the severity of the criminal offense, information about the accused, who has no prior convictions, is positively characterized at his place of residence and service, has satisfactory health, and is fit for military service.

Considering the requirements of Article 65 of the Criminal Code of Ukraine, the court concluded that the correction of the accused and the achievement of the punishment's purpose are possible by imposing a sentence within the sanction of part 5 of Article 407 of the Criminal Code of Ukraine in the form of imprisonment.

The Khust District Court found the serviceman guilty of committing a criminal offense under part 5 of Article 407 of the Criminal Code of Ukraine and sentenced him to 5 years and 3 months imprisonment.

The court ordered the sentence to be counted from October 27, 2025. The preventive measure in the form of detention was left unchanged until the verdict takes legal effect.

An appeal against the court's verdict may be filed within thirty days from the date of its announcement through the Khust District Court of Zakarpattia region.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, our page on Facebook and on Instagram to stay informed about the most important events.