When the wife was hospitalized, the husband was taken to the Territorial Recruitment and Social Support Center, and now he is being tried for draft evasion – case circumstances

The Velykobahachansky District Court sentenced a conditional punishment for evading military conscription during mobilization.

Case circumstances

The conscripted individual, deemed fit for military service by the military-medical commission, received a summons for deployment to military service under mobilization. He refused to accept the summons, and an official report was drawn up. On the same day, he failed to appear without valid reasons at the Territorial Recruitment and Social Support Center to begin military service under mobilization during a special period.

The circumstances under which the conscripted individual ended up at the Territorial Recruitment Center were as follows: that day, his wife had a nervous breakdown. Initially, medics and police arrived, and the wife was taken to the hospital. After some time, the wife returned home, but the situation worsened, and her condition declined. Police and medics came again. The wife was taken to the hospital a second time. At that moment, the police offered the accused to go to the Territorial Recruitment and Social Support Center. He agreed.

At the center, he underwent a military-medical commission. He was issued a summons for deployment, which he refused to accept. The accused cited the reason for not appearing as having no one to leave his minor child born in 2018 with, since his wife was hospitalized. Later, the wife was classified as having a Group III disability, which granted him the right to a deferment from mobilization, but only after the criminal offense was committed.

The accused was aware of the socially dangerous nature of his actions, foresaw the socially dangerous consequences, and desired their occurrence. He acted intentionally, aiming to evade conscription during mobilization, did not report the reasons for his absence, and had no legal grounds for deferment at the time of the offense.

In the court session, the accused fully admitted his guilt and sincerely repented.

Court decision

The Velykobahachansky District Court of Poltava region found the accused guilty of committing a criminal offense under Article 336 of the Criminal Code of Ukraine (evasion of conscription during mobilization) and sentenced him to 3 (three) years of imprisonment.

Based on Article 75 of the Criminal Code of Ukraine, the accused was released from serving the sentence with probation for a period of 1 (one) year. He was assigned the obligations to periodically appear for registration with the authorized probation authority; to notify the probation authority about changes in residence, work, or study; and not to leave Ukraine without the consent of the probation authority.

The court denied the release of the accused from criminal liability under Article 48 of the Criminal Code of Ukraine (change of circumstances). The court noted that obtaining a deferment from conscription during mobilization after committing the criminal offense does not constitute a change of circumstances within the meaning of this provision, since such deferment did not exist at the time of the offense and did not prevent the commission of the crime.

The court took into account the severity of the committed minor crime, the personality of the accused (previously not convicted, has a minor child, a wife with Group III disability, positive character references, sincere remorse, charitable assistance to the Armed Forces of Ukraine), and mitigating circumstances.

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