How to return from the SZH and not go to prison: lawyer’s explanation
7 November 10:46
EXCLUSIVE
Cases under the article “unauthorized abandonment of a unit” (UAU) and desertion are becoming a challenge not only for the army, but also for the judicial system. Military lawyer Dmytro Prylypko in an interview with the YouTube channel
According to the lawyer, SZH is a difficult crime to prove. Investigating cases of SZH requires clarifying intentions, motives and context. This takes a lot of time, and therefore, a large number of cases risk never being brought to trial, the expert says.
“Investigators will not send cases to court in the absence of substantiated evidence. It is also important to investigate the subjective side of the crime: whether the person really had a direct intention, or perhaps he or she reported that he or she would return to service,” he adds.
The lawyer also explained in which cases SZH is not a crime. According to him, if a soldier reported the reasons for his departure and had permission to do so, the situation can be considered a disciplinary violation, not a crime. However, if a person simply “disappeared from the radar,” this entails criminal liability.
Mr. Prylypko also explained whether it is possible to return from the NWC and avoid criminal liability. According to him, the current legislation provides for such a possibility. Returning without punishment is possible.
“We had such a case. A man came to us with a request. We, in turn, sent a lawyer’s request to the new unit, explained the situation, explained the context. Our client is now in the new unit. So, yes, it is possible to return and avoid criminal liability,” he summarized.
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