Some young people have problems with the law during adolescence, which end in criminal punishment. Are they allowed into the army with a criminal record when they reach conscription age? The answer is clear - no! At the same time, there are a number of important details that we will dwell on in more detail in this article.
A criminal record can be active, expunged or expunged. And this also leaves its mark on the opportunity to pay one’s civic duty to one’s homeland.
Finally, military uniforms are worn not only on the basis of a conscription announced by the state, but also on the basis of a concluded contract. Having a previous conviction also plays a role. Therefore, it makes sense to talk about everything in detail.
What is meant by “criminal record”
If there are charges due to an offense and the evidence available for this, the person ends up in court, where he can use the services of a lawyer and defend his interests. The judge listens to the testimony of both sides, pronouncing a verdict on these grounds. A criminal record indicates that the defendant was found guilty and received a suspended or prison sentence.
A record of criminal record is entered into the passport if the defendant incurs criminal punishment. At the same time, the data is entered into state databases, so it will not be possible to hide this page of the biography throughout your life.
Conscription is impossible if guys of military age are under investigation or their cases are being referred to court. People under arrest are not drafted into the army until a procedural decision is made against them.
Basic concepts: military ID
Everyone knows that a military ID is a military registration document and students who have lost the right to a deferment and all other young citizens need it when applying for a job, obtaining a passport and a driver’s license. Young men between the ages of 18 and 26 can be drafted.
Many guys want to serve in the army under a contract, but the presence of a “dark spot” in their biography in the form of a criminal record makes many wonder whether they will be able to be drafted into the army. We will talk about this further.
Criminal record: what is it?
Only a court has the right to convict any person, where his case is transferred only after law enforcement agencies have sufficient evidence of his guilt. At the same time, everyone has the right to defend himself and provide exculpatory facts to the judge that he did not violate the law. And at the end of this, the judge makes a verdict of acquittal or a decision on the guilt of the person. If he is found guilty of a criminal act committed by him and an appropriate preventive measure is assigned, he is assigned a special criminal record status. Punishments are divided into the following forms:
- Probation.
- Imprisonment.
Example . A 3rd year student at the Polytechnic University, Maxim Ivanikhin, stole his relative’s car. He did not know who the thief of his car was, and wrote a statement to the police. The culprit was found, but his uncle, having learned that his own nephew had committed the crime, withdrew the statement. Considering that there is a corpus delicti and the offense does not relate to a mild degree of severity, the offender was given a suspended sentence of conviction for a period of 2 years.
Who is not accepted into the army?
Persons with a valid and outstanding criminal record are not accepted into the army. The Law “On Military Duty and Military Service” provides for exemption for the following citizens who have:
- serving a sentence for a criminal offense;
- unexpired criminal record;
- house arrest or other restriction of freedom;
- an investigation is carried out into their case at the time of conscription.
Until a person has been fully punished for the crime he has committed, he can forget about military service. Even despite voluntary consent to join the ranks of the armed forces, military registration and enlistment office employees do not have the right to send a summons until repayment.
Expungement of a criminal record
A criminal record is considered expunged provided the sentence is served and there are no offenses during the probationary period. The probationary period is the main factor in repayment. Its duration depends on the severity of the crime committed.
Time intervals after which a criminal record is considered expunged:
- if there is a suspended sentence at the same time that this term ends;
- 1 year, if the punishment is not imprisonment;
- 3 years for committing crimes of moderate severity (inclusive) with serving time in prison;
- 6 years – serious crimes;
- 8 years are especially difficult.
If there are no offenses within the specified period, the criminal record is considered expunged. It is legally allowed to conscript those with criminal records with expungement, however, military registration and enlistment offices often “forget” about this, believing that such an example will negatively impact other recruits. Men with an outstanding criminal record are not drafted into the army.
ATTENTION! A criminal record can be expunged early if you behave well or are eligible for amnesty. If at the end of the probationary period a man is 27 years old, he is not subject to conscription.
Army after punishment
The likelihood of being called up after the prescribed punishment cannot be considered unambiguous and indisputable. The call will directly depend on circumstances such as:
- The severity of the crime.
- An official decision made by the military registration and enlistment office.
If a citizen has committed a violation of the law that is quite serious in terms of gravity and complexity, the military registration and enlistment office decides to “forget” about such conscripts. There is a generally accepted opinion that the presence of such individuals among the recruits will definitely not be useful.
Such a ban has no official basis. Each person, after fully serving and canceling his sentence, can declare his desire to go to the RA. To do this, you just need to come to the city military registration and enlistment office. If permission is given, the person will be sent to a commission and, if everything is in order, he will go to serve. In this case, certain conditions and requirements for the conscript himself are observed.
Clearance of a criminal record
Less common occurrence. Removal occurs after consideration of the convicted person’s request by the court. The petition is based on the impeccable behavior of the convicted person or compensation for damage to the victims. When considering the request, the court issues a special document indicating that the criminal record has been cleared.
Amnesty or pardon are also reasons for expunging a criminal record. But the second is extremely rare, is within the powers of the president and is of a personal, isolated nature, unlike an amnesty.
A military ID is issued if you reach the non-conscription age. For example, a convict served his sentence and was released at the age of 25; his probationary period lasted 3 years. At the age of 28, he becomes unconscripted, but still comes to the military registration and enlistment office for a medical examination, where he is given a document, regardless of the doctor’s conclusion.
Service after probation and "incarceration"
Is it possible to join the army with a conditional criminal record? This is a common question, especially among those desperate people who consider the “condition” as a way to avoid military service.
A valid suspended conviction closes the door to service. This is explained by the need to perform assigned public works, which is incompatible with the duties of a military personnel
But after the expiration of the term of the “condition”, it is canceled, which implies the delivery of a summons to persons of military age. Within two weeks after the suspended sentence is completed, the young man is obliged to appear at the military registration and enlistment office and register, and during the conscription campaign nothing prevents him from receiving a summons for a medical examination.
Conscripts considering this method of deferment should better abandon this idea, since a suspended conviction leaves a stigma for life, depriving a person of the opportunity to:
- occupy serious positions;
- work in a decent institution;
- get a job in kindergartens, schools, banks, etc.;
- hold public office.
Is it possible to serve after a conviction that included imprisonment? With a real term, the same principles apply as with a conditional term. After the end of the criminal record and probation period, regardless of the severity of the crime committed (provided that the man is still of conscription age), he will be called up to serve.
A situation in which charges against a suspect have been dropped and he is found not guilty is not a reason for delay. And they will also never conscript a person in prison to the military registration and enlistment office.
In what cases will a convicted citizen be called upon?
According to the Constitution of the Russian Federation, performing military service in the ranks of the Armed Forces is the direct responsibility of every citizen who has reached the age of majority, has no contraindications for health reasons and the right to a deferment. There are categories of citizens who are not at all subject to conscription for military service. The state cannot put obstacles in the way of convicted youths if they have the desire to serve the Fatherland, but is this really so?
A person who has broken the law may be sent to the military by the military commissariat if:
- The young man is not under arrest in a pre-trial detention center or in a prison.
- The criminal record has been cleared or expunged.
- The investigation and inquiry authorities dropped the case against the candidate soldier.
- The young man was found not guilty of committing a crime, all charges and suspicions were dropped from him and he was released right in the courtroom.
Contract service
Many young people want to connect their lives with the army, preferring to serve under a contract. Are the conditions the same for all conscripts? Part 5 of Article 34 of the Federal Law states that concluding a contract with persons who have served sentences in prison is impossible.
The contract is not concluded with conscripts with an outstanding criminal record and other restrictions listed above for serving in the armed forces. The question is often heard why people with a criminal record are not accepted into the army. If there is an outstanding criminal record, the decision is made on the basis of current legislation.
And the “ignoring” of some citizens with an expired criminal record often occurs due to their imprisonment. Thus, it is almost impossible for repeat offenders and people who have committed serious criminal offenses to receive a summons to the military registration and enlistment office. This is easily explained: the military registration and enlistment office employees believe that if they take such conscripts, it will destroy discipline and have a negative impact on the serving corps of recruits.
Who is prohibited from studying in military universities?
And now the time has come to consider such an issue as a criminal record and military school. Young people who have not had their convictions for crimes committed have not been expunged or expunged are not accepted into a military university. They will also not accept those who have been deprived of their freedom and whom the court has deprived of the right to hold any military positions.
Decor
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- Obtaining a weapons license
- Safe for storing weapons
- Storage of weapons in the Russian Federation
- Carrying weapons in Russia
- Concealed Weapons
- Application for a weapon
- Weapon storage room
- State duty for renewing a weapons permit
- Illegal arms trafficking in Russia
- Weapons for self-defense without permission or license
- How much does a weapons permit cost?
- Weapons license through State Services
- Documents for obtaining and renewing a weapons license
- Obtaining a license for smoothbore weapons
- Safety precautions when handling weapons
- Medical examination and certificate 046-1 for weapons
- Rules for transporting weapons
- Certificate for weapons form 002-О/у
- Registration and weapons
- Gun safety training
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Traumatic weapon
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- Carrying a traumatic weapon
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Hunting weapon
- License for hunting weapons
- Renew your permit for a hunting weapon
- Rules for storing hunting weapons and ammunition
- Documents for a permit for hunting weapons
- Rifled weapons for hunting
Cold steel and gas weapons
- License for edged weapons
- Storage and carrying of edged weapons
- Gas weapon license
- Gas pistol without a license
All about weapons
- Procedure for using weapons
- Classification of firearms
- How to get a hunting license
- Getting a hunting permit
- Self-defense
- Pepper spray
- The most powerful stun guns
- Weapon training
- Police and weapons
- Weapon calibers
- 12 gauge cartridges
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- 20 and 410 caliber cartridges
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- Seizure of weapons
- How to get a job in the police
- Crossbows and bows
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All about the army
- Autumn call 2020
- Certificate instead of a military ID
- Articles in the military ID
- International passport and military ID
- Military ID after 27 years
- Military ID upon hiring
- Why do you need a military ID?
- Categories of suitability for the Russian Army
- Restore military ID
- Flat feet
- Diseases and the army
- Summons to the military registration and enlistment office
- Deferment from the army
- Avoid the army
Criminal record
- Where to get a certificate of no criminal record
- Can you join the army with a criminal record?
- Certificate of no criminal record
- Certificate of good conduct through State Services
- Certificate of good conduct through the MFC
- Certificate of good conduct in Moscow
- Certificate of good conduct in St. Petersburg
- Expungement of a criminal record
- Validity period of a certificate of no criminal record
- Check criminal record
- Help for work
- Article for murder in the Criminal Code of the Russian Federation
- Causing harm to health
- Causing minor harm to health
- Causing moderate harm to health
- Causing grievous bodily harm
- Intentional damage to property
- Exceeding the limits of necessary defense
- Exceeding official authority
- Checking your passport for validity
Where are convicted people sent to?
Every convict is interested in what kind of troops are recruited into the army under the current circumstances. It is a mistake to believe that the presence of a “dark” past affects the distribution of conscripts. People who have committed minor violations are called up with the rest of the guys on a general basis.
The selection of troops is based on data on education, professional skills, and also taking into account medical indicators. The restriction is elite troops (special forces, navy, FSSP, airborne forces, missile forces, etc.), where it is difficult for a recruit with a “clean” biography to get into.
