Those who have committed serious crimes with outstanding convictions can be mobilized

The State Duma adopted a law that allows to call for the mobilization of Russians with an unexpunged and outstanding conviction for committing serious crimes. An exception is made for those convicted under 22 articles of the Criminal Code and pedophiles. It follows from the text of the document that thieves, murderers, swindlers, corrupt officials, bandits and even criminal authorities, recently released from prisons, need to be mentally prepared to receive subpoenas.

Since 2018, the Duma’s legislative portfolio has included a bill adopted in the first reading, which proposed to allow “passing” alternative civilian service and, during mobilization, continue to do it alternatively, that is, not with weapons in hand. During the partial mobilization announced by President Putin on September 21, some Russians from different regions of the country who received summons began to demand alternative civilian service (ACS), but the law “On mobilization …” did not say a word about this constitutional right, which created a conflict. And so that stale bill was removed from the portfolio, the dust was shaken off it, and adopted, supplemented with permission to send those passing during the mobilization of the ACS to work as civilian personnel in the army, other troops (Rosgvardia, for example) and special forces.

The collision appears to be only partially resolved. The problem of those Russians who previously served alternative civilian service on conscription and who are now being mobilized to be sent to the troops, the wording used in the bill (“passing” the ACS, and not “passing”) does not solve …

At the same time, by the second reading, an amendment appeared in the text on a completely different topic, signed by the head of the Defense Committee Andrei Kartapolov and his first deputies Andrei Krasov (both United Russia members) – the one about criminals.

The current law “On mobilization …” still categorically prohibits the drafting of “citizens who have an unexpunged or outstanding conviction for committing a serious crime” for military service. We are talking about serious and especially serious crimes. Let us recall that the Criminal Code considers as serious those for which you can get to a colony for a period of 5 to 10 years, and as especially serious – those for which you can get more than 10 years in prison, up to life.

But as soon as the law adopted by the State Duma is approved by the Federation Council and signed by the president, it will be possible to mobilize, that is, forcibly call for participation in hostilities, citizens with an unexpunged or outstanding conviction who have committed serious crimes. With some exceptions: mobilization will still not be subject, the text of the document says, convicted “for committing crimes against the sexual integrity of minors” (including pedophiles), and convicted under another 22 separately listed articles of the Criminal Code.

Some of these articles are “terrorist”: act of terrorism, promotion of terrorist activities, public appeal or justification of terrorism, organization of a terrorist community, hostage taking, hijacking of an aircraft, train or ship, illicit handling, theft or extortion of nuclear materials, an act of international terrorism, and etc. Next to it is an article that punishes for organizing an armed formation or participating in it, as well as for “participation in an armed conflict or military operations for purposes contrary to the interests of the Russian Federation,” also included in the list of exceptions.

And this list also includes “extremist” crimes: public calls for extremist activities, organizing an extremist community and participating in it, financing extremist activities. And the crimes from chapter 29 of the Criminal Code (“Crimes against the foundations of the constitutional order and state security”): treason, espionage, “cooperation on a confidential basis” with foreigners, encroachment on the life of a statesman or public figure, armed rebellion, violent seizure or retention of power.

Many of these articles of the Criminal Code are “piece”; every year, only a few, or at most dozens, are convicted under them in Russia. For example, under Article 205 (terrorist attack), 14 people were convicted in Russia in 2020, and 44 people in 2021; 46 people were convicted under Article 208 (“organization of an armed formation” or participation in an armed conflict against the interests of the Russian Federation) in 2020, and 29 people in 2021. And for an armed rebellion – not a single convict in two years …

It follows from the text of the adopted law that the ban on the mobilization of citizens with an unexpunged or outstanding conviction, convicted of murder, intentional infliction of grievous bodily harm, banditry, armed robbery, drug trafficking, piracy and human trafficking, corruption crimes, fraud, rape (if not is about minors), etc., etc.

Does the law legalize the delivery of subpoenas to those who are in prison?

The document adopted by the State Duma refers to persons with unexpunged and outstanding convictions. A conviction is expunged in accordance with the Criminal Code in the event of an annulment of the sentence, pardon of the convicted person by presidential decree or amnesty by order of the State Duma. And in order to extinguish a criminal record, one must first fulfill the punishment and then live law-abidingly for several more years: in the case of a serious crime – 8 years, and especially serious – 10 years. As for those who served their sentence and returned home, everything is clear: they will be able to serve on mobilization, Yury Sinelshchikov (KPRF), First Deputy Head of the Committee on State Building and Legislation, explained to MK. But to call on those who have not yet served their sentence, even if the sentence is conditional, it is impossible, he is sure: “a conditionally convicted person must live at a certain address, comply with prohibitions, the implementation of which is controlled.” Not a single Russian law allows serving subpoenas to those in prisons and colonies, Mr. Sinelshchikov believes: “There is a court verdict that has the force of law and is issued in the name of the Russian Federation, and if it is not canceled and revised, how can a person go out and go anywhere?”

In the plenary session hall of the State Duma, the amendments about convicts were not discussed. It is difficult to say how the authorities will interpret them. But the fact that prisoners from Russian colonies as volunteers (and not mobilized according to the agenda) were sent to the combat zone for unclear reasons was repeatedly reported. Information of this kind has not been officially confirmed, but it has not been refuted either.