In the context of martial law in Ukraine, every crime committed by a serviceman carries an additional aggravating circumstance – the wartime situation. This affects the penalties for offenses such as desertion and unauthorized abandonment of a unit (UAU). However, many people confuse these concepts, despite the significant difference that can determine a serviceman's fate.
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SubscribeSince the onset of the full-scale war in Ukraine, the Office of the Prosecutor General has recorded approximately 60,000 cases of UAU and 30,000 instances of desertion. The distinction between these crimes was explained by lawyer Lyudmyla Kormosh from the "Vesta" Charitable Foundation. She noted that the primary difference lies in the serviceman's intent: desertion is the deliberate leaving of a unit with no intention of returning, while in the case of UAU, the serviceman intends to come back.
Additionally, aggravating circumstances for UAU include factors such as being under the influence of alcohol or drugs, unauthorized departure from combat positions, or carrying out weapons. If a serviceman breaks the rules specifically in a combat zone, the penalties become even more severe.
Currently, a bill is being considered in Ukraine that could mitigate the responsibility for those who have committed UAU but intend to return to service. The lawyer points out that if a serviceman informs their commander of their desire to return, the criminal proceedings may be closed. However, it is crucial for the serviceman to return to their own unit and not to another one. Violating this rule can lead to serious consequences.
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