Real jail time for mobilisation evasion: prosecutor’s office defends in appeal
Following the principled position of the prosecutors of the Lviv Regional Prosecutor’s Office, the Court of Appeal cancelled the suspended sentence of a 39-year-old Lviv resident for evading military service during mobilisation (Article 336 of the Criminal Code of Ukraine).
The Court of Appeal sentenced him to an actual sentence of 3 years’ imprisonment.
Previously, the district court sentenced the man to 3 years in prison, but released him from serving his sentence with a probationary period of 1 year.
The prosecutors disagreed with the court’s decision and appealed against it, insisting on the imposition of a real, rather than a suspended, sentence.
It was proved that in June last year, the convict underwent a medical examination and was found fit for military service by the military medical commission.
However, the person liable for military service failed to report to the territorial centre for recruitment and social support for service in the Armed Forces of Ukraine without a valid reason.
Therefore, the man violated the requirements of the current legislation and evaded military conscription during the period of martial law and should be punished more severely.
After hearing the prosecutor’s position and taking into account all the circumstances, the Court of Appeal overturned the verdict of the first instance court and issued a new one.