A soldier went AWOL due to illness of wife and child – did this affect the punishment
Kamyanka-Buzka District Court of Lviv Region sentenced a serviceman who twice unlawfully left his place of service during martial law. The man was sentenced to five years in prison.
Circumstances of the case
According to the verdict in case No. 446/271/26, the serviceman was mobilized on July 20, 2023. According to the case materials, he first unlawfully left the service on the evening of December 17, 2023, and the second time on March 10, 2024.
The court decision states that until November 18, 2025, the soldier was absent from service without valid reasons and did not perform his duties under martial law conditions.
During the court hearing, the accused fully admitted his guilt and repented. He stated that the reason for unlawfully leaving the service was the need to be with his wife and child, who were ill. Later, the man returned to military service but again left the military unit and went home for the same reasons.
What the court decided
The court found the serviceman guilty under Part 5 of Article 407 of the Criminal Code of Ukraine (unlawful leaving of military service without valid reasons) and sentenced him to five years in prison.
As previously reported by Judicial and Legal Newspaper, in Vinnytsia region, a court found a serviceman guilty of repeated unlawful leaving of the place of service under martial law and intentional non-compliance with a court decision. The man was sentenced to five years and six months in prison.
After the criminal proceedings were opened, the man informed about his intention to continue military service in another unit. In December 2025, the Tyvriv District Court released him from criminal liability for the previous episode, obliging him to arrive at the designated military unit no later than 72 hours after the ruling took legal effect to continue service.
However, as the court established, the serviceman did not comply. After the ruling took legal effect, he again failed to appear at the place of service without valid reasons and remained outside the military unit until May 4, 2026, when he was found by law enforcement officers.
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