The Supreme Court explained whether civilians can be involved in crimes against military service

The Supreme Court explained whether civilians can be involved in crimes against military service

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Persons who are not members of the armed forces may be punished for a crime against military service only as organizers, instigators and accomplices. This is stated in the explanations given in the draft resolution of the Supreme Court (SC) of the Russian Federation.

Criminal liability for civilians “appears under an article that provides for punishment for a crime committed in complicity against military service, with reference to the relevant part of Article 33 of the Criminal Code of the Russian Federation” (it lists the types of accomplices in the crime). Responsibility for the commission of crimes under this article may be borne by military personnel and citizens who are in reserve during their military training.

“For the recognition of persons as subjects of these crimes, it is important to establish in relation to their initial and final moments of military service or military training. At the same time, a person can be held criminally liable for crimes against military service after the end of military service (military training), provided that the act was committed by him during its passage and the statute of limitations for bringing to responsibility has not expired,” the Supreme Court added. This also applies to citizens who have signed a contract to stay in the mobilization reserve.

In addition, military personnel who voluntarily serve after the expiration of the period stipulated by the contract can be held liable. However, the subjects of crimes against military service cannot be citizens illegally called up for fixed-term military service. In the second case, the court will have to pass an acquittal if the actions of the defendant do not contain signs of a common crime, the agency leads. RAPSI SC clarification.

Laura Keffer

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