Defence in AWOL and desertion cases

Absence without leave and desertion are military criminal offences carrying severe penalties. At the same time, the law provides mechanisms for returning to service and, on defined conditions, for release from criminal liability. Getting the sequence of steps right is critical here.

When to get in touch

• a serviceman has left the unit without leave or failed to return on time
• criminal proceedings have been opened over AWOL or desertion
• there is an intention to return to service voluntarily
• the legal consequences and the available options need to be assessed

What the lawyer does

• assesses the circumstances and how the conduct is classified
• develops the legal position and the sequence of steps for returning
• prepares the motions connected with release from criminal liability
• handles dealings with the command, including on the commander’s consent
• represents the client during the pre-trial investigation and in court
• works on preventive measures and on mitigating the consequences

AWOL or desertion: what determines the penalty

• Absence without leave (AWOL, Article 407 of the Criminal Code of Ukraine) – leaving a military unit or place of service without leave, or failing to report for service on time without good reason. Under martial law such conduct lasting more than three days, and in a combat situation regardless of its duration, is punishable by imprisonment for five to ten years (Article 407(5)).
• Desertion (Article 408) – the same conduct with the aim of evading military service. Under martial law or in a combat situation it is punishable by imprisonment for five to twelve years (Article 408(4)).
• The key defence question is therefore the purpose and circumstances of the absence: they are what distinguish AWOL from desertion.

Returning to service and release from liability

A person who commits AWOL or desertion for the first time under martial law may be released from criminal liability if both of the following apply:

• they have voluntarily applied to the investigator, the prosecutor or the court stating their intention to return to their own or another military unit (place of service) to continue serving;
• the commander (head) of the military unit (institution) has given written consent to their continued service (Article 401(5) of the Criminal Code).

If the court closes the proceedings and releases the person from liability on this ground, its ruling requires that, once it becomes final, the person be reinstated in military service without delay, and that the person report to the military unit (place of service) within 72 hours (Article 288(3) of the Criminal Procedure Code of Ukraine).

Legal basis

Liability for leaving a military unit or place of service without leave and for desertion is established by the Criminal Code of Ukraine. On the conditions the law sets out – a voluntary application expressing the intention to return to service, and the written consent of the commander – release from criminal liability is possible; the procedure for deciding such questions is set out in Articles 286–288 of the Criminal Procedure Code of Ukraine.

Mobilisation legislation changes frequently. This page reflects the position as of November 2026; before acting on it, take advice on the wording currently in force.

Frequently asked questions

Can a serviceman return without a conviction?

The law provides a mechanism for release from criminal liability on defined conditions; the decision is taken by the court. Every situation calls for an individual assessment.

Are there “simplified” procedures for returning?

Simplified mechanisms were introduced on a temporary basis and applied for limited periods. What is available at the time you instruct us is something the lawyer checks.

Is release from liability possible if it is not the first AWOL?

The special ground in Article 401(5) of the Criminal Code applies only to those who committed AWOL or desertion for the first time under martial law. In repeat cases the lawyer assesses other defence options.

Whose consent is needed to return to service?

The written consent of the commander (head) of the military unit (institution) to continued service: it is a mandatory condition for release from liability under Article 401(5) of the Criminal Code.

Need legal assistance? Call us or leave a request – a lawyer will contact you and explain what to do in your situation.