Criminal liability of military personnel for crimes against military service

All citizens of the Russian Federation are endowed by the Constitution with certain rights and freedoms. Persons belonging to the military cohort are no exception. Due to their professionally specific characteristics, they are charged with even more responsibility than an ordinary citizen.

Additional obligations that relate to service under federal law and departmental disciplinary statutes are regulated by the laws of the Russian Federation, including the Criminal Code. The criminal liability of military personnel is spelled out in the text of the Criminal Code, and the procedure for applying penalties is contained in the Criminal Executive Code of the Russian Federation.

Legislative standards for the liability of military personnel

The Constitution of the Russian Federation, namely Article 59, stipulates that the defense of the Motherland is the duty and responsibility of every citizen of our country. This norm is the legal basis for establishing criminal liability for crimes against military service. It is this requirement that prohibits evading such service and violating the order of its completion.

It is legislatively established that all army personnel, regardless of position or military rank, can receive punishment symmetrical to general criminal offenses or offenses affecting aspects of military service.

The principles for determining responsibility and the procedure for censure are reflected in several state legal acts.

These include:

• Mainly used are articles of the Criminal Code.
• Also regulated is Presidential Decree No. 1495. This document concerns the statutes of the RF Armed Forces.
• The algorithm for implementing punishments for persons in the military profession is also prescribed in Order No. 680 of 2016 of the Minister of Defense of the Russian Federation.

According to the legislation, the following types of consequences provided for persons serving in the army are distinguished:

• civil;
• disciplinary;
• material;
• administrative;
• criminal.

The degree of illegal acts that the soldier committed, as well as their qualification component, has a direct impact on what kind of punishment the soldier will suffer.

The responsibility of military personnel for committed acts is enshrined in Russian legislation

There are two penalties that apply to army soldiers:

• Imprisonment with isolation from society.
• Corrective measures applied without distance from society.

Law on criminal liability for military crimes

Note 1
Law on criminal liability for military crimes We have already completed our thesis

“Criminal legal characteristics of crimes against military service” in more detail - this is a set of normative legal acts reflected in the Criminal Code of the Russian Federation. On this topic, we have already completed
course work
, topic in more detail, providing for criminal liability for crimes committed against military service, in a combat situation or in war time of crime.

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The main sign of a crime against military service is actions directed against the established procedure for military service.

The most stringent type of legal liability is criminal liability. Criminal liability is compliance with generally accepted legal norms and rules provided by law. Criminal prosecution is a measure of influence on an object that has committed criminal acts that contain adverse consequences for this object and are applied by government agencies in the prescribed manner.

May 24, 1996 State Duma We have already completed an essay

The State Duma adopted the Criminal Code of the Russian Federation in more detail, which came into force on January 1, 1997. The Criminal Code of the Russian Federation We have already completed a
thesis
. The Criminal Code of the Russian Federation in more detail is the only legal document that establishes the basic principles of criminal liability for all citizens Russian Federation, including military personnel who violated the law.

Finished works on a similar topic

Course work: Criminal liability of military personnel for crimes against military service 470 ₽ Abstract: Criminal liability of military personnel for crimes against military service 220 ₽ Test work: Criminal liability of military personnel for crimes against military service 210 ₽

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a thesis on this topic

Art. 313 of the Criminal Code of the Russian Federation consists in more detail of interconnected legal generally accepted rules that determine what actions or inactions of a person are considered criminal, and what sanctions the court has the opportunity to use in each individual case. The criminal legislation of the Russian Federation guarantees its citizens protection from criminal attacks on health, life, personal property, as well as the protection of public order, environmental protection, the safety of humanity as a whole, and crime prevention.

Criminal law can be divided into two huge, interconnected groups of legal norms, these are the General and Special parts:

1. The general part of the Criminal Code of the Russian Federation consists of legal norms that define the goals of the criminal law and the causes of criminal liability: the limits of influence of the Criminal Code of the Russian Federation, provisions on atrocities, punishments and exemption from liability and punishment (including crimes of military personnel).
2. A special part of the Criminal Code of the Russian Federation includes generally accepted norms that provide for the degree of responsibility (amount, type of punishment) for certain criminal acts, indicating the reasons for the acts in question. These two parts of the generally accepted norms of the Criminal Code of the Russian Federation are closely interconnected; they imply a holistic system of criteria for assessing criminal liability for committing atrocities.

Note 2

It is worth noting the universal nature of the Criminal Code. We have already completed a test

Features of the Criminal Code of the Russian Federation in more detail, that is, questions about criminal liability for crimes committed are considered identically, regardless of who committed them and in what area of ​​social life they occurred.

For example, all legal norms regarding life circumstances that exclude violations of these norms are applied equally to all persons, including military personnel.

Convicted military personnel have equal rights and conditions with other convicts when carrying out sentences.

However, in the Criminal Code of the Russian Federation there are rules determined by the specificity of military service. Such norms may be entirely devoted to the legal protection of military personnel, or have specificity when used in relation to the military.

Military criminal norms in the Criminal Code of the Russian Federation are generally recognized norms that apply only to military personnel undergoing military service by conscription or under contract, or persons in reserve during combat training, or in connection with the commission of atrocities. The main task of the military criminal code We have already completed an essay

The concept of theft in criminal law. Read more about the protection of military security of the Russian Federation.

In accordance with the criminal code, we have already completed coursework

Criminal proceedings In more detail, war crimes include the criminal acts listed in Chapter.
33 of the Criminal Code of the Russian Federation (Articles 331-352), as well as those reflected in the special legal norms of the General Part of the Criminal Code of the Russian Federation. On this topic, we have already completed course work
on criminal law (general part) in more detail, which provide for sanctions for military personnel who have violated the law, reasons and the procedure for assigning serving a sentence (Articles 48, 51, 55, etc. and Articles 285, 286, 293).

Crimes committed by military personnel can be divided into certain groups:

• violation of the legal order of subordination, violation of observance of subordination between persons undergoing military service;
• illegal handling of weapons;
• evasion of military service;
• illegal actions directed against the order of use and preservation of military property.

Algorithm for applying punishment

The determination of the degree of punishment is based on the fact that the regulations on military service apply to all levels of the Armed Forces and are equivalent for all army personnel, regardless of the position they occupy.

Illegal actions committed in combat conditions and in wartime are considered in a special manner. The trial has its own principles of conduct.

At the same time, the degree of responsibility of the violator is also aggravated. Illegal offenses that army personnel are suspected of committing are dealt with exclusively by military courts. Such courts have instances of various categories. Civil litigation is not allowed to consider crimes committed by the military.

The following are not liable for crimes against military service (Article 331):

• persons of civilian status working in military units;
• military school students;
• police officers.

If the listed persons are involved in breaking the law, they are convicted by a civil court as accomplices.

In addition to crimes of a military nature, army personnel may incur criminal liability for violating serious articles of the Criminal Code, namely:

Order on punishment of military personnel

• In terms of offenses in relation to an individual, the life of a group of people, according to Chapter 7. Particular attention is paid to crimes related to bullying of other military personnel, especially those entailing serious consequences for the health and life of the victims. This is the most common reason for initiating litigation. As a rule, relatives of conscript soldiers apply to the military prosecutor's office to initiate proceedings. For such illegal acts, imprisonment from 3 to 10 years is provided.
• In case of violation of public safety and order (Chapter 9).
• Committing actions against government authority (chap. 10).
• Encroachments on the security of humanity and the world (chap. 11).
• When committing economic crimes (chapter 8).
• For illegal trafficking in weapons, ammunition, and narcotic substances.
• When participating in terrorist activities and crimes that resulted in the death of people or caused significant damage to their health and property.

It is important to know! Monetary fines are not applicable to conscript soldiers. Administrative punishments are replaced by detention in a guardhouse for a time established by the garrison court.

The criminal punishment applied to a military personnel may be conditional. If relapses are no longer recorded during the service, the sentence is canceled and cannot be executed.

Crimes against military service

A serviceman can commit illegal actions while on military service, conscripted or on a contract basis, taking part in military training, or while in the reserves.

These may also be persons who are not satisfied with the procedure for serving and who are trying to cause harm or create a threat while serving. Military service is protected by law.

Types of crimes:

1. Loss and damage to military property.
2. Evasion of service.
3. The order of service is being violated.
4. Assault on a serviceman.

The danger of such violations of the law lies in undermining the established order, which creates a threat to the security of the Russian Federation. The most common acts of violation of the law are: the charter is violated, a unit is left without permission, conflicts arise between military personnel, which lead to negative consequences.

What is not a crime against military service?

In accordance with Art. 42 of the Criminal Code of the Russian Federation, crimes against military service do not include the actions of a serviceman executing an order, as a result of which harm is caused both to the serviceman himself and to the persons and property around him. In this case, the person who gave the order bears responsibility for the atrocities.

The order contains unquestioning compliance with the requirements of the superior by the subordinate. It is aimed at performing certain actions that need to be carried out, determines the strategy of this process, its purpose and meaning.

If the task was set for illegal actions, the person who deliberately carried out this order is punished on a general basis. If the illegal order was not executed, its failure to comply is not punished.

Note!

It is subject to punishment to a serviceman who, on a voluntary basis and finally, refused to carry out criminal actions to the end.

Employees of internal affairs bodies, students of military schools, civilians serving in military units, etc. do not fall into the category of military personnel and, therefore, criminal penalties cannot be brought against them. Although, cadets begin military service at the age of 16, i.e. Until they reach the age of majority, they are not held criminally liable, but bear general criminal liability.

Circumstances excluding criminal acts

The individuality of the legal status of the military and their status give the right to introduce certain regulations that allow, during the period of their work, not to see a criminal component in the actions of military personnel.

This is the subject of Chapter 8 of the Criminal Code, which sets out the following types of exceptions:

• the crime was committed in necessary defense;
• harm to another person occurred during the arrest of the criminal;
• the military action was committed in a state of extreme necessity;
• the army man’s crime was provoked by physical or mental pressure on him;
• illegal actions were committed in execution of an order from management.

The above circumstances apply on a general basis. When assessing a serviceman’s misconduct, it is necessary to take into account the specifics of his service. After all, it is associated with the implementation of assigned tasks in various conditions without question. Without excluding risks to life.

In some cases, the use of necessary self-defense is not so much a right as an obligation and necessity. According to the Charter, when performing combat, guard and other services, army personnel should not shy away from performing their immediate duties, even if their lives are in danger.

Responsibility for crimes against military service

The main sign of criminal actions against military service is actions aimed at undermining the order of its completion. The procedure is determined by the following legislative acts:

1. Federal Law “On Defense”.
2. Federal Law “On Military Duty and Military Service”.
3. Federal Law “On the status of military personnel.”
4. Military regulations.
5. Dr. regulations.

Crimes by their nature and degree of danger can be divided into:

1. Particularly severe.
2. Moderate weight.
3. Light weight.

The punishment is determined by the criminal law that was in force at that time. The objects of criminal activity are the procedure for military service, honor, dignity, life and health of the individual.

Note!

The subject of criminal activity is a mentally healthy person who has reached the age of majority and is undergoing military service.

Criminal penalties

All punishments imposed on military personnel are applied on the basis of the legal norms of the Russian Federation. Their application is based on the principles of justice and equality of all citizens before the law. Only if guilt is proven, as well as taking into account the norms of humane treatment of the individual, can a certain punishment be imposed on a military serviceman.

All illegal actions committed are punished as follows:

*In peacetime, the death penalty is not applied. This is due to the signing by the Russian Federation in 1997 of Protocol No. 6 to the Convention of the Council of Europe.

The type of punishment when convicting an army soldier is determined based on the following components of the offense:

• The severity of the act.
• The number of persons who committed the crime (individually or as part of a group of accomplices).
• Real and potential danger to society.
• The identified consequences that led to the crime.

When determining the degree of guilt, the listed components may be the main points for the accusation or be in addition to the main claim.

Important! Persons who attempted to commit a crime, planned an offense or made preparations for it are also brought to criminal liability.

Responsibility for war crimes

The basis for a judicial investigation is a violation of the charter. This may include disobeying an order, creating a conflict situation, refusing to perform guard and post duty, and insulting a person while performing military duty. The punishment depends on the severity of the criminal acts committed. Criminal liability for crimes against military service:

1. Punishment of restriction of military service for up to 2 years, arrest for up to 6 months or stay in a disciplinary military unit for two years is imposed for failure to comply with an order, thereby harming the interests of the service. For such a violation committed by a group of persons and as a result of which grave consequences arose, a punishment of imprisonment of up to five years is imposed under Art. 333 of the Criminal Code of the Russian Federation.
2. Restriction in military service for up to 2 years, stay in a disciplinary military unit for up to 2 years, or imprisonment for up to five years is a manifestation of resistance to a superior or violent coercion of him to fail to fulfill his duties. Such acts committed by a group of persons using weapons, which leads to grave consequences, are punishable by imprisonment from 3 to 8 years under Art. 334 of the Criminal Code of the Russian Federation.
3. Violation of the charter regarding relationships. The punishment is imprisonment for up to 3 years or disciplinary military unit for 2 years. In case of group violation of the charter - imprisonment for up to 10 years under Art. 335 of the Criminal Code of the Russian Federation.
4. Insulting one serviceman by another - six months in a disciplinary military unit or release from service under Article 336.
5. Leaving the place of duty without a valid reason and absence for less than 10 days - 6 months of arrest or disciplinary action up to one year. Absence from 10 days to 1 month is punishable by imprisonment for 3 years or 2 years in a disciplinary military unit. In case of absence for more than a month, the punishment is imprisonment for up to 5 years under Art. 337.
6. Desertion – imprisonment from 3 to 10 years under Art. 338.
7. Evasion from service by self-mutilation – arrest for 6 months, disciplinary part for 1 year under Art. 339
8. Violation of the rules while on guard duty – imprisonment from 1 to 2 years under Art. 342.
9. Violation of rules while maintaining public order – imprisonment from 2 to 5 years, disciplinary part 2 years under Art. 343.
10. Damage specifically to weapons, military equipment - imprisonment for up to 2 years under Art. 346,347,348,349
11. Incorrect handling of military equipment, resulting in serious consequences or death - imprisonment for up to 2 years and, accordingly, from 4 to 10 years.