“Lawyer Alexei Shevchuk, a partner and spokesman for the Barristers Advocacy Association, commented on punishment for servicemen who left the military unit (HSC) and hid for several years. He noted that this act is a criminal offense, the investigation of which is engaged in the State Bureau of Investigation (DBR). Despite the possible exemption from criminal liability due to the “change of situation” or other reasons, each such case”, – WRITE ON: ua.news
Lawyer Alexei Shevchuk, a partner and spokesman for the Barristers Advocacy Association, commented on punishment for servicemen who left the military unit (HSC) and hid for several years.
He noted that this act is a criminal offense, the investigation of which is engaged in the State Bureau of Investigation (DBR). Despite the possible exemption from criminal liability due to the “change of situation” or other reasons, each such case should be considered individually.
The expert emphasized that the fact of committing the HRS does not disappear even in the case of dismissal of a person from responsibility. Shevchuk It distinguishes the concept of release and justification: criminal release does not mean that a person has not committed a crime. The court can take into account different circumstances, but only if it recognizes that a specific case of a CCR is not a “criminal protective act”, a justifiable sentence may be issued.
According to the words Alexei Shevchukfor the qualification of the crime there is no difference between the military who left the front during the fighting and those who did not return to the part after leave. In both cases, this is considered to be an unauthorized abandonment of the service to be investigated by DBR. Thus, punishment is inevitable, although circumstances may affect the sentence.
