szch-decriminalization

Relief for first-time desertion under Article 401(5) requires voluntary reporting to an investigator, prosecutor, court, or unit commander, obtaining written commander consent, and returning within 72 hours of proceedings closure. This checklist guides the full motion process with attorney involvement.

Closing criminal proceedings for self-termination of military service requires a procedural package: a report to the commander, written commander consent, a motion to close the case filed by the investigator, and documented attorney involvement to satisfy Article 401(5) conditions.

Eligibility for SZCh relief depends on being a first-time offender who voluntarily reports to an investigator, prosecutor, court, or unit commander. You must secure written consent from the commander and ensure timely return within 72 hours after closure of the proceedings.

The procedural workflow under Law No. 3902-IX involves assessing first-time eligibility, assembling the document package, submitting a motion to close the proceedings, and obtaining the final court decision and orders. The algorithm includes mandatory attorney involvement throughout the process.

Failing to return within 72 hours after closure of proceedings violates the conditions for relief under Article 401(5) of the Ukrainian Criminal Code. Timely return is a strict legal requirement to maintain eligibility and successfully close the desertion case.