Russia signs law exempting defendants from criminal liability during military service News
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Russia signs law exempting defendants from criminal liability during military service

Russian President Vladimir Putin signed laws on Wednesday that provide exemptions from criminal liability for individuals in the Russian Federation who have contracted for military service or have been mobilized.

The State Duma, Russia’s lower house of parliament, approved the bills in September. With the implementation of two new amendments, defendants who enter into military agreements can have their criminal proceedings held at the request of a military unit or have their prosecution ended entirely.

Amendments to Article 34 of the Federal Law “On Military Duty and Military Service” allows contracts for military service to be signed with defendants during mobilization or wartime, even if their cases are in court. According to the State Duma, the reason for the change is that existing laws prohibit entering into a military contract with defendants while their case is in court.

Amendments to Article 78-1 of the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation permits defendants mobilized or contracted for military service to be exempt from criminal liability. During their military service, criminal proceedings against them will be halted, and any existing preventive measures will be lifted. These individuals can be fully absolved of criminal liability after receiving a state award or being discharged from military service.

According to reporting by local news, approximately 100 defendants from each of the 210 pretrial detention centers in Russia could potentially be mobilized for military service, totaling around 20,000 individuals. In addition around 40 percent of the nation’s 60,000 individuals facing criminal charges for military service could be recruited.

Russia first established legal provisions guaranteeing exemption from criminal liability for certain categories of convicts who contract for military service in June 2023. In March 2024, similar laws were enacted to formalize the exemption from criminal liability when entering into contracts with the Russian Armed Forces. These amendments allow individuals under investigation, on trial, or already sentenced to engage in military service.