Russian President Vladimir Putin has signed into law amendments exempting certain defendants from criminal liability during military service. These legal changes apply to individuals in the Russian Federation who have entered contracts for military service or have been mobilized, as outlined in a report by JURIST.
The laws were approved by the State Duma, Russia’s lower house of parliament, in September 2023. The amendments particularly modify Article 34 of the Federal Law ‘On Military Duty and Military Service,’ enabling defendants to enter military contracts even if they are currently involved in court proceedings. Traditionally, Russian law prohibited such defendants from engaging in military agreements while their cases were underway.
Further amendments to Article 78-1 of the Criminal Code of the Russian Federation and the Criminal Procedure Code provide that defendants who are mobilized or contracted for military service will see their criminal proceedings paused during service. Preventive measures will also be lifted. Full exemption from criminal liability could be granted following military discharge or receipt of a state award.
This legislative shift could impact a significant number of individuals in pretrial detention across Russia. As per local news reports, approximately 20,000 defendants, representing potential recruits, could be mobilized from 210 pretrial detention centers. Notably, around 40 percent of the 60,000 individuals facing criminal charges could become eligible for military service recruitment.
The legal framework to exempt certain convicted individuals who engage in military service was first introduced in June 2023, and by March 2024, similar amendments were enacted to formalize the process for those entering contracts with the Russian Armed Forces. Such amendments have since extended to include individuals under investigation or on trial, as approved by the State Duma earlier this year.