Can a Case Be Reopened After a Soldier Returns from AWOL
The Ministry of Defense of Ukraine clarified whether there is a risk of reopening criminal proceedings against a serviceman who returned to service after unauthorized absence (AWOL).
The ministry stated that after the serviceman returns to duty, the court makes a decision to close the criminal proceedings and release the person from criminal liability.
The case closure is formalized specifically by a court ruling.
As explained by the Ministry of Defense, such a court decision can only be appealed in appellate procedure within seven days.
After this period expires and the decision takes legal effect, the criminal proceedings cannot be reopened.
Note that the introduction of an experimental project for the voluntary return of servicemen who left their units without authorization has raised many questions. The Ministry of Defense of Ukraine published a series of clarifications covering technical aspects of the "Army+" app, the procedure for selecting units, arrival deadlines, and legal guarantees for soldiers.
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