Court cancels the release of a draft dodger from criminal liability: explanation

According to glavcom.ua: The Vinnytsia Court of Appeals canceled the decision to release a man who dodged mobilization from criminal liability. The prosecutor's appeal was granted, and the case was sent for a new review. This was reported by Glavkom, referencing the court's press service.

The essence of the case

The military conscript was recognized as fit for military service. He received a summons and was to report to the territorial recruitment center for dispatch to the military unit, but he did not appear at the appointed time. He was charged under Article 336 of the Criminal Code of Ukraine – evasion from conscription during mobilization.

What the first instance court decided

The local court previously released the man from criminal liability based on Article 48 of the Criminal Code of Ukraine – release due to changing circumstances.

The first instance court considered that the man received a reservation (deferment from mobilization) due to working at an enterprise, and therefore the grounds for criminal liability ceased to exist.

Why the appellate court canceled this decision

The appellate court disagreed with this approach and explained: A reservation is temporary and does not indicate a change in a person's behavior or that they can no longer commit a similar crime. The mere fact of employment and deferment does not mean that the committed act has become less dangerous to society.

The court emphasized that evasion from mobilization during martial law poses a threat to the country's defense capability, and the social danger of such a crime does not disappear solely due to a temporary deferment.

Decision of the appellate court

The Vinnytsia Court of Appeals:

• granted the prosecutor's appeal,
• canceled the decision to release from criminal liability,
• sent the case for a new review in the first instance court.

This ruling of the appellate court took legal effect immediately after its announcement and is not subject to cassation appeal.

By the way, in the Mykolaiv region, the court sentenced a man who dodged mobilization by failing to appear at the territorial recruitment center (TRC) after receiving a combat summons. As a result, he was sentenced to three years of imprisonment.

The ruling of the Vinnytsia Court of Appeals regarding the man who dodged mobilization demonstrates the inadmissibility of evasion from military service during mobilization and underscores the importance of fulfilling mandatory military obligations during martial law. The court's decision will contribute to strengthening legal discipline in society and supporting the country's defense capability.