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

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 August 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.

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