Lawyer for AWOL and Desertion Cases. Court Protection

Military personnel who leave their unit without permission may face serious legal consequences, including criminal prosecution. A lawyer specializing in AWOL (Absent Without Leave) and desertion cases helps clients understand the legal consequences of their actions, provides court defense, and offers consultations to resolve conflicts with military structures, ensuring fair outcomes in complex situations.

The Importance of Protecting the Rights of Military Personnel in AWOL and Desertion Cases

Protecting the rights of military personnel in cases of AWOL and desertion is critically important to ensure fair justice. This helps avoid severe legal consequences, such as criminal liability, and guarantees adequate protection of the rights and freedoms of military personnel. Professional legal defense also aids in correcting possible mistakes and ensures a fair trial, helping to maintain the reputation and morale of the military personnel.

What is AWOL and Desertion According to the Criminal Code of Ukraine?

According to Article 407 of the Criminal Code of Ukraine, AWOL is when a service member leaves their military unit or place of duty without permission from the command for a period exceeding 10 days.

According to Article 408 of the Criminal Code of Ukraine, desertion is the deliberate abandonment by a service member of their unit or place of duty to evade military service, especially during a state of war or special circumstances threatening national security.

The Differences Between AWOL and Desertion

AWOL is a temporary departure from a military unit or place of duty without permission from the command. This violation usually implies that the service member intends to return to duty after a short absence. If the absence exceeds 10 days, it is considered a violation. Sanctions for AWOL include restriction of freedom or imprisonment for up to 3 years. This offense is considered less serious compared to desertion. AWOL can occur at any time and under various circumstances when the service member leaves without permission but intends to return.

Desertion is a more severe offense that involves deliberate and permanent evasion of military service. It usually means that the service member consciously left their unit to avoid military duties, especially in times of war or special circumstances. The punishment for desertion is more severe and includes imprisonment for 3 to 7 years. This offense is considered more serious as it involves prolonged evasion of military duties and can undermine national security.

Legislative Norms Regulating Responsibility for AWOL and Desertion

The responsibility for AWOL and desertion is regulated by the Criminal Code of Ukraine, Articles 407 and 408. Other regulatory acts include:

• The Criminal Procedure Code of Ukraine (CPC).
• The Law of Ukraine “On Military Duty and Military Service”.
• The Law of Ukraine “On Mobilization Preparation and Mobilization”.

Rights of Military Personnel in Case of Accusation of AWOL or Desertion

Military personnel have the right to:

• Free legal assistance or legal consultation provided by a lawyer. This right ensures the opportunity to receive qualified legal help to protect their interests in court and during investigations.
• A fair and impartial trial, including the right to be heard, present evidence, participate in hearings, and receive a reasoned decision.
• Appeal the court’s decision or actions of other bodies if they believe their rights were violated. This includes filing appeals and contacting higher judicial authorities.
• Protection from unfair or disproportionate punishments, including unjust accusations or harsh sanctions.

Until proven guilty, a person is presumed innocent. This right ensures that the service member will not be considered guilty without proper investigation and trial.

Common Reasons Why Military Personnel Leave Their Units

The most common reasons for AWOL and desertion include:

• Personal circumstances: family issues, financial difficulties, etc.
• Poor mental or physical health.
• Conflicts at service.
• Dissatisfaction with service conditions.

Consequences for Military Personnel

The consequences for those who go AWOL or desert can be serious and include various forms of punishment:

• Criminal liability leading to prosecution and punishment under the law.
• Imprisonment for up to 3 years for AWOL and 3 to 7 years for desertion.
• Discharge from military service, loss of military rank, and disciplinary sanctions that negatively affect the career and reputation of the service member.

Preparation for Defense. First Steps in Case of Accusation

The first step a service member should take when accused is to immediately contact an experienced lawyer who specializes in military cases. The specialist will professionally assess the situation, determine possible legal strategies, and ensure the protection of your rights.

The next important step is gathering evidence that will help the service member during the trial. It is important to collect all documents that confirm valid reasons for your absence. These can be medical certificates, documents about family circumstances, or other important papers. If possible, provide witness statements or other evidence that can support your arguments or the circumstances that forced you to leave the unit.

The Importance of Timely Legal Assistance for Successful Case Resolution

Timely consultation with a lawyer at an early stage helps avoid legal mistakes that could worsen the situation or complicate the defense. A specialist will help develop an effective legal strategy, gather necessary evidence, and plan further steps for the best outcome.

Court Proceedings Procedure

The procedure for court proceedings in AWOL and desertion cases includes the following steps:

• Preparation and submission of evidence. The lawyer collects all necessary documents and testimonies supporting the defense’s arguments. These can be medical certificates, documents about family circumstances, witness statements, and other relevant materials. The documents are submitted to the court according to procedural requirements. The lawyer organizes them in a way that best supports the defense’s position.
• Defense arguments. The lawyer formulates convincing arguments to prove that the service member acted for valid reasons or that the accusation is unfounded. During the court hearing, the lawyer presents these arguments to the court, refutes the prosecution’s evidence, and seeks to reduce the weight of the accusations.
• Lawyer’s strategy. The specialist develops a defense strategy that includes an action plan, identifying key witnesses and arguments, and tactics for negotiations and court hearings. The lawyer adapts the strategy depending on the course of the trial, the court’s reaction, and the positions of the parties to ensure the most effective defense.

Possible Outcomes of the Court Process

One possible scenario of the court process is the reduction of the punishment. In this case, the court decides to mitigate the punishment, considering factors such as the defendant’s sincere remorse, compensation for damages, or positive character references. Mitigation of punishment may include a shorter imprisonment term, restriction of freedom, or alternative measures.

If the lawyer can prove that the accusation is not confirmed or that there was no crime, the court may issue an acquittal. The defendant will be acquitted, and the criminal prosecution will be terminated.

There is also a possibility of reaching an agreement with the prosecution. In this case, the defendant may agree to certain conditions, such as pleading guilty in exchange for a reduced punishment. This may result in a suspended sentence, a reduced prison term, or other lenient conditions, such as obligations to rectify the situation or compensate for damages.

Actions After the Court Decision

If the defendant or their lawyer disagrees with the court’s decision, they may file an appeal with a higher court. This allows challenging the decision of the lower court and attempting to change or overturn the verdict. The appellate court will review the case materials, check the correct application of the law, and may issue a new decision or return the case for retrial.

If the decision has come into force and has not been appealed or the appeal is rejected, the defendant will begin serving the sentence imposed by the court. After the verdict, there are opportunities for mitigation of the punishment. This includes submitting a petition for pardon, changing the conditions of the sentence, or granting parole. For this, it will be necessary to prove positive changes in the defendant’s behavior, compliance with the sentence conditions, or other factors indicating their rehabilitation.

If you or your loved one faces charges of AWOL or desertion, it is important to get qualified legal assistance. The team at Dextra Law specializes in protecting the rights of military personnel in complex legal situations. Our experts will provide professional defense, help develop an effective strategy, gather and present all necessary evidence, and support you at every stage of the process.

Do not leave your case to chance. Contact Dextra Law today and get reliable support to help protect your rights and interests!