Mobilized and contract soldiers will be released from criminal liability

Mobilized and contract soldiers will be released from criminal liability

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Russian President Vladimir Putin signed a law that establishes legal guarantees for the exemption from criminal liability of persons who have entered into a contract for military service in the RF Armed Forces during the period of mobilization, martial law or wartime.

The law says that guarantees will apply to persons who have committed crimes of small or medium gravity before the day this law comes into force, in respect of which a preliminary investigation is underway. The exception will be a number of articles of the Criminal Code of the Russian Federation, for example, part 1 of Art. 205.2, part 1 of article 220, part 1 of article 221 “Theft or extortion of nuclear materials or radioactive substances”; Art. 280 “Public calls for extremist activities”.

Guarantees of exemption from criminal liability also apply to persons serving in the Russian army during the period of mobilization, martial law or in wartime, who have committed crimes for which a preliminary investigation is underway.

Persons with a criminal record, whose sentences have entered into force before the day the law enters into force, including persons who have served their sentence or who have been released on parole, will also be able to be released from criminal punishment.

In this category, exceptions will be those who have a criminal record: for committing crimes against sexual integrity against minors; also convicted for crimes under Articles 205 – 205.5.

Also, those convicted under Art. 208, Art. 275, Art. 275.1, articles 276-280. No exemption from criminal liability is provided for those convicted of sabotage, extremist activities.

According to the law, a convict who is called up for military service by mobilization or in wartime in the Armed Forces of the Russian Federation, or who has entered into a contract for military service in the Armed Forces of the Russian Federation during mobilization, martial law or in wartime, is released from punishment conditionally. At the same time, the subsequent release from liability and the repayment of a criminal record will be possible in connection with the receipt of a state award or in connection with dismissal from military service on separate grounds.

It is envisaged that if, during the period of military service, a person who has not served his sentence and has not been released from punishment commits a new crime, then the court will impose a punishment on him according to the rules provided for in Art. 70 “Sentencing by the totality of sentences” of the Criminal Code of the Russian Federation.

Also in Russia, they will be able to call up for military service under a contract citizens with a criminal record, with the exception of those who have committed serious crimes, during martial law. The law signed by Putin states that citizens of limited fit will also be able to enter into contracts with the Russian armed forces during the period of mobilization, wartime.

The basis for dismissal from military service for these citizens is the end of the period of mobilization, the abolition (termination) of martial law and (or) the expiration of wartime. According to the document, for male citizens who have entered into a contract for military service in the Armed Forces of the Russian Federation, the age limit for military service will be set: 70 years for persons with the military rank of a senior officer, and 65 years for persons with a different military rank.

Source: Rosbalt

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