For surrender “without decisive resistance”, the military faces up to 10 years. These are intimidating Putin amendments: “Direct or Sit” - lawyer

For Russian military personnel, the surrender (Article 352.1 of the Criminal Code) is now considered a crime, punishment - imprisonment for a term of three to ten years. At the same time, the Supreme Court of the Russian Federation specified that it is a conscious surrender to the crime if there is an opportunity to avoid this and provide a “decisive resistance” to the enemy. There will be no corpus delicti only if a soldier is not able to evade captivity, for example, seriously wounded or shell -shocked. Lawyer Dmitry Grustatov explained in a conversation with The Insider that the Russian Supreme Court had long lost the possibility and desire to “provide decisive resistance” by unlawful and repressive laws, stamping State Duma in a “radless printer” mode.

“All mobilized and military have every right to refuse to participate in the war with Ukraine in any way, including through voluntary surrender, but now the exercise of this right with a high degree of probability will entail illegal criminal prosecution.

Since the war against Ukraine is an illegal act of armed aggression and is recognized as a resolution of the UN General Assembly “Aggression against Ukraine”, then all the actions of the Russian authorities related to the mobilization and sending of military personnel to the front of military personnel are not based on the law. As for the wording, according to which, from the point of view of the non -legal Putin law, it is considered a “criminal“ “non -ordering of decisive resistance” before surrendering, three things should be noted here.

1) Like all repressive Putin laws, amendments to the Criminal Code under Article 352.1 of the Criminal Code of the Russian Federation and the draft of the new resolution of the Plenum of the Armed Forces of the Russian Federation, which are supposed to clarify “non -ordering of decisive resistance” before surrendering, do not meet the requirement of the quality of the law - that is, its clarity and unambiguousness arising from the constitutional principle of equality and justice.

2) the intended non -compliance by the legislator with the requirements of the law has a specific repressive goal, which is to intimidate army staff in order to force them to refuse to surrender: “Die, otherwise sit down”.

3) on the one hand, as the main motivating factor in the recruitment of prisoners to war with Ukraine, the artificial creation of unbearable and humiliating human dignity in the conditions in correctional institutions is an artificial creation. On the other hand, taking into account such clarifications of the Plenum of the Armed Forces of the Russian Federation, a criminal case under Article 352.1 of the Criminal Code can be initiated against any soldier who has been captured. Thus, former prisoners after exchange can be at risk of prison again forced to go to war.

Something similar previously did the ideological predecessor of Putin - Joseph Stalin. In accordance with the Decree of the rate of the Red Army 270 of August 16, 1941, “On the responsibility of military personnel for surrendering and leaving the enemy weapons“ for its signature. This document served as a prologue to repressions against Soviet prisoners of war, up to a third of which, after liberation from captivity, fell into the Gulag or sent to the penalty battalions to the faithful death. ”

As lawyer Pavel Chikov noted in his Telegram channel, the Supreme Court as a whole adjusts the practice in cases of war crimes. Among other things, now any captivity will be classified as voluntary surrender if the soldier did not "show decisive resistance." According to Chikov, this interpretation implies that in relation to any prisoner of the soldier, at least a procedural audit will be carried out in accordance with Article 144-145 of the Code of Criminal Procedure of the Russian Federation.

The human rights activist Roman Kiselev in the conversation The Insider drew attention to the fact that the resolution of the Plenum has not yet been published, and the media has only excerpts from it, so in the end there may be additional points that will make more clarity.

“Apparently, inspections will be carried out in relation to those who are freed from captivity and the circumstances of the hit. And in the case of the establishment of some information indicating a possible “unfair” surrender, checks will be carried out under this article-the circumstances of a particular combat situation will be studied, testimony of both colleagues and commanders will be collected. In the absence of witnesses (which can often happen when captured), a presumption of innocence will have to act in a good way if the testimonies of the most held accountable are indicated that he had undertaken everything possible for the conscientious fulfillment of the debt (for example, it fought until the machine was assigned to his head), it would be difficult to prove insurance (if at all possible). But, again, so far such cases are unknown to us, although the article has been operating since September 2022.

So far, there is no reason to believe that a prisoner in itself will have some consequences related to defeat in rights. If the freed from captivity will not be held criminally liable, then he should not experience any consequences on himself either. For those who will nevertheless be brought to criminal liability, the consequences will definitely be, and in the form of punishment and in the form of a criminal record. But I would not exclude that there may be some informal practices that will affect the lives of these people. I doubt very much that, with the existing level of the “spy -farm paranoia,” those who have been captured will be allowed to state service and, moreover, to leading posts. They can return to military service and allow them, but they will undoubtedly remain on a pencil at the specialists. ”

On March 13, the FSB three times a morning announced the detention of Russians: one of them was going to go to fight on the side of Ukraine, the second tried to persuade the mobilized for cooperation with Ukraine and surrender. Also on that day, an activist was detained from Khabarovsk, who is claimed to be Donatil of the Armed Forces.