A soldier deserted due to conflicts in the unit and his wife's pregnancy – did the reasons affect the punishment
The Yarmolynetsky District Court sentenced a serviceman to 5 years in prison for unauthorized absence from a military unit during martial law.
Circumstances of the case
The accused served in a military unit as a senior operator of the first section of the anti-tank guided missile platoon of a separate rifle battalion of the operational command, holding the military rank of senior soldier.
On January 16, 2023, during martial law, without valid reasons, the accused voluntarily left the military unit's location and went to his place of residence. Subsequently, he did not perform his military duties, spent time at his own discretion, and did not take measures to return to the unit.
The unauthorized absence lasted from January 16, 2023, to November 15, 2023.
On November 16, 2023, the accused appeared at the investigator's summons.
At the court hearing, the accused fully admitted his guilt in committing the criminal offense under part 5 of article 407 of the Criminal Code of Ukraine. He explained his actions by conflicts with the command, lack of proper provision of seasonal clothing, food, and medical treatment, as well as his wife's complicated pregnancy, which ended with the birth of a child on October 14, 2023. The accused claimed he tried to find another military unit to continue service but was unable to do so.
The fact of unauthorized absence from the military unit is confirmed by the materials of the official investigation conducted in the military unit.
Court decision
On April 22, 2026, the Yarmolynetsky District Court of Khmelnytsky region in case No. 689/3221/23 issued a verdict recognizing the accused guilty of the criminal offense under part 5 of article 407 of the Criminal Code of Ukraine (unauthorized absence from a military unit without valid reasons, committed under martial law by a serviceman, except for conscripted military service).
The court sentenced the accused to 5 (five) years of imprisonment.
When imposing the sentence, the court took into account the severity of the crime (classified as a serious crime), the personality of the accused (no prior convictions, positive character references from place of service and residence, presence of awards, a minor child in care), sincere remorse, and active assistance in solving the crime as mitigating circumstances. No aggravating circumstances were established.
The court did not apply article 75 of the Criminal Code of Ukraine (release from serving the sentence with probation) because the accused did not take measures to return to military service for over 10 months, and after appearing before the investigator, during the lengthy pre-trial investigation and court proceedings, while at liberty, he did not resume service, effectively evading the fulfillment of his constitutional duty for more than three years.
The start of the sentence execution is calculated from the moment the verdict is enforced. No preventive measure was chosen.
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