The Supreme Court ruled: voluntary appearance of a soldier at the prosecutor's office terminates the offense of AWOL.

According to ТСН: A soldier who approached the specialized prosecutor's office for the purpose of returning to service is officially considered to have ceased committing the offense. This was confirmed by the Supreme Court while considering the case of a fighter who had previously been sentenced by the appellate court to five years of imprisonment for absent without leave (AWOL).

Why is this important?

The key aspect of this case is the date when the crime was considered completed. In December 2022, Ukraine tightened the responsibility for AWOL and prohibited courts from applying suspended sentences in such cases. The appellate court ruled that since AWOL became definitively known only in May 2023, the new law is valid.

However, the Supreme Court rejected this approach. It established that back in August 2022, before the law was tightened, the serviceman voluntarily approached the prosecutor's office. He openly reported his absence without leave and requested to consider his further service. The Ministry of Defense also recommends servicemen in such situations to contact the specialized prosecutor's office on its website.

What implications does this have for the case?

The Supreme Court emphasized that the offense is considered completed from the moment of appeal to the prosecutor's office (August 2022), and not a year later. Since the offense was terminated before the December changes in the law, the court had the right to impose a probation period rather than actual imprisonment. Thus, the five-year prison sentence was annulled, and the case was sent back for reconsideration by the appellate court, which must take into account the fact of the serviceman's voluntary appeal.

This court ruling confirms that if a serviceman voluntarily attempts to rectify the situation through official channels, this has legal force and affects the level of future punishment.

We remind you that the serviceman of the Armed Forces of Ukraine, Ihor Lutsenko, suggested introducing quarterly or semi-annual bonuses for military personnel as a means to reduce instances of AWOL. Additionally, the Verkhovna Rada plans to discuss legislative changes regarding the responsibility for AWOL, including the introduction of restrictions concerning alimony debtors.

Fixing such decisions in judicial practice could significantly impact the morale of military personnel, as building trust in the judicial system is an important aspect during wartime. Moreover, initiatives at the level of the Verkhovna Rada may help reduce negative manifestations related to AWOL, positively influencing the overall state of military units.