Criminal case for evasion of mobilization “crashed against the law”

But the Penza IC is going to appeal this decision.

In the Penza region, the decision to initiate the first criminal case in Russia on the fact of evasion from mobilization was canceled.

“MK” even on the eve of the court decision was the first to suggest that the decision of the UK to initiate a case could be declared illegal. Since article 328 of the Criminal Code of the Russian Federation deals with evading conscription for urgent military service, and not mobilization, and in criminal law the law cannot be applied “by analogy”.

When the composition of one article “seems to be” somewhat similar to what the person is specifically accused of. Everything should be clear and unambiguous.

Regulatory authorities fully agree with the current decision. According to lawyer Pavel Chikov, the Prosecutor’s Office of the Penza Region recognized the initiation of this criminal case as illegal.

By this time, 32-year-old Maxim Moiseev, suspected of evasion, had already been released from the temporary detention facility, where he was escorted by an escort and held for two days.

A video with the moment of Moiseev’s detention has been posted on the Internet.

“He didn’t show up at the military registration and enlistment office, this is already a crime,” the man’s pregnant wife, who filmed what was happening on camera, was told. She was also warned that her husband could be imprisoned for 10 years.

But, as it turns out, the summons to the defendant was delivered with violations. She was handed over not personally to him, but to the same wife. There was also a discrepancy in the date of birth of the mobilized. He was born in 1992, but it is written that 1988.

Now released home, Moiseev has the right to count on rehabilitation for 48 hours in isolation and financial compensation. However, the local Investigative Committee is confident that they are right – they are going to appeal the decision.

Independent lawyers believe that without changing the Criminal Code itself, despite the political situation, such cases do not yet have prospects in court. Yes, and the punishment under this article – for evading military service – today is relatively small – up to two years in prison.