"Either a hero, a cripple, or a corpse." Why choose war rather than prison?

In the summer of 2024, the Supreme Court of Russia allowed the termination of criminal cases at the trial stage against defendants who decided to participate in hostilities in Ukraine. This “bonus” began to be used not only by civilians , but also by the military themselves, who, for example, had previously left their military units. A Sever.Realii correspondent spoke with military personnel against whom criminal cases were opened for leaving a unit without permission (SOCH), about why they are returning to the front and why they do not want to prove their case to the Ministry of Defense.

32-year-old Konstantin from Murmansk was mobilized in the fall of 2022. He is a former professional military man. From 2014 to 2016 he participated in the armed conflict in Tajikistan, from 2016 to 2017 - in the war in Syria. After returning from Syria, he got married and had children.

- First I served, then I finished with the army, a family appeared, children, the blood cooled. I graduated and went to sea on a ship. I was catching fish. He lived, didn’t bother anyone, and received a summons to the military registration and enlistment office. I am a responsible citizen, the summons has arrived - I have arrived. They looked at the military officer and said: “perfect, tomorrow at 7.” Where to go, it must be so. Let's go. And I almost sat down at the end of this story,” says Konstantin. “Later, in the unit, I heard that someone didn’t show up on the summons and it seemed like they received a fine of 500 rubles and that’s all.” Don't know. I didn’t play around, I didn’t hide.

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He was in the war for about a year. In 2023, he came under mortar fire.

- I broke 4 vertebrae and needed surgery, this fucking minka ( Ministry of Defense - SR ) gave up on me, and in order not to die, I myself found a place for treatment. And then they sent me to the SOC ( they added me to the list of those who left the unit without permission - SR ). Almost 7 years ago they soldered for who knows what! - the military man is indignant.

A criminal case was opened against Konstantin under Article 337 of the Criminal Code of the Russian Federation (“Unauthorized abandonment of a unit ” ), and a search began for him. When they found him, they sent him to the SOC collection point, and a military medical examination (MMC) began.

SOCH collection points are units under special control on the territory of military units. They are formed from fugitives for whom a preventive measure has not yet been chosen. Such military personnel cannot leave the barracks and are held in detention centers until a military court establishes the circumstances of leaving the unit.

– I was under investigation. In the barracks under barbed wire, surrounded by paramilitary guards. I spent eight months at the VVK, it was a whole adventure. I behaved normally, and the investigator turned out to be normal. “I received a good performance reference from the SOCH center,” says Konstantin.

The description states that Konstantin “repeatedly provided active assistance in organizing and accompanying military personnel” at the Military Military Command, did not abuse alcohol, and provided assistance for investigative activities of SOCh military personnel. As a result, he was recommended for further service. As a result of the commission, Konstantin was given category “B” (limitedly fit for military service), and the court sent him to Belgorod “for CTO” ( counter-terrorist operation. The CTO regime in the Belgorod region was introduced on August 20, 2024. - SR ).

Konstantin does not want to challenge category “B” in order to return home, because he is afraid that it will be worse.

– Through the Investigative Committee, I think we can somehow challenge the category and return home, but I’m afraid of something. They just left me behind. It’s useless to argue with the “minka” and find out. Fighting against the state will only earn me a lot of adventure,” he explains.

The criminal case, which had already gone to court, was not closed, but only suspended. And they can resume it in case of any offense at the front.

– Khan’s vertebrae, the operation and the trial were on the same day. There should be another operation, but no one cares. After the operation I didn’t even go through rehabilitation. I had to get out by any means. How would I look my family in the eyes? So many years in the army, so much combat experience - and he ended up in prison. It’s better to die than to come with such a shame! I wrote voluntarily to the assault and left; the electronic warfare company ( electronic warfare troops - SR ) took me, since I have education and length of service. Now I’m near Belgorod at the CTO. He didn’t go to prison and they didn’t kill him,” he rejoices and is going on vacation for the first time since 2022. – And then again near Belgorod. I’ll probably be on the CTO until the end of the war, there’s nowhere to go.

After the start of the war in Ukraine in Russia, the number of military personnel who left their military units without permission increased. Criminal cases are being initiated against them under Articles 337 (“Abandonment of a military unit”) and 338 (“Desertion”). As of June 2024, 10,085 Russian military personnel were accused in cases of SOCH, 8,594 of them were convicted at that time, more than 300 people were accused of desertion throughout Russia, Mediazona calculated.

A military lawyer, who requested anonymity, says that the main reason why soldiers leave the front is the clash of fantasies about war with reality: when “an ordinary citizen who has watched enough TV goes to war and believes that nothing will happen to him.”

– As “Spleen” sang in his song: “People in Leningrad and Rome think that death is something that happens to others.” When they get hurt and see death, they realize that it can happen to them too. They leave [from the front] on emotions and after such a collapse of illusions they experience great horror, committing short-sighted actions. They think they won't be found. But when a case is initiated for SOC, military investigators transfer the data to the Ministry of Internal Affairs database and the military registration and enlistment office is not looking for the serviceman, but the criminal investigation department. And when he is found, he faces from 5 to 10 years of general regime. He has a choice: prison or war. By that time, emotions have already stabilized, and he agrees to go [to war] again. Not everyone wants to spend 5 years in a general regime colony, it’s not easy either. This is what we are counting on. In this way, the state motivates citizens to participate in the war,” says the lawyer.

Since the summer of 2024, courts began to suspend criminal cases because the military was sent back to the front. This began on a large scale after the draft law of the Supreme Court of the Russian Federation appeared, which allows war participants in the status of defendants to be released from criminal liability. Before it, defendants in criminal cases could be released at the investigation stage or after a court verdict.

“In this way, they motivate people not only under Article 337, but also under other articles, so that they agree to go to war. The case is suspended, but not stopped completely, because the sword of Damocles should hang over a person,” the lawyer comments on judicial practice. “The accused has only three ways to have his case dropped: either a hero, a cripple, or a corpse.” Only in these cases is the case terminated: either he receives a state award, or an injury, according to which he becomes unfit, but most often, disability.

Sever.Realii managed to find more than 150 criminal cases throughout Russia under Article 337 of the Criminal Code of the Russian Federation, which were suspended at the trial stage due to the fact that the accused returned to the war.

Vagiz from Bashkortostan was fired from his job at the end of the summer of 2022. And just then President Putin announced mobilization.

“I went to the military registration and enlistment office to sign a contract, met friends there who were going for mobilization, and went with them,” he says.

During his military service, his wife fell ill.

“I urgently needed to go home to my wife.” Well, I left. Submitted to SOC, returned back. It was entirely my fault. Stupidity. Nobody forced me to return [to the front], otherwise there would have been a sentence,” says Vagiz.

He was wounded in the war and is now in the hospital. But, according to him, he did not regret that he went to the front either the first or the second time: “I did not regret it in any way! I wanted it myself.” The criminal case against him for leaving his unit without permission has been suspended.

“They said that it would be canceled if you were injured or if there was a state-level award. But for now everything is the same,” says Vagiz.

Among those who returned to the war because of the criminal case was 31-year-old Kirill from the Trans-Baikal Territory, who was mobilized in 2022. He left behind his wife and two children at home. Kirill served in the infantry, received a shrapnel wound to his leg and went home for treatment.

“They didn’t want to treat me, so I went home.” After some time they came for me and took me away. They put the category “A” (fit, absolutely healthy), although I think it should be “D” (not fit). I fought with them and spent all my money on lawyers. And now there is no money or strength left,” says Kirill.

He, like the others, was given a choice: go to prison or return to war. He chose war.

– I have two children, what will they be told about their father later? It’s better to receive the hero posthumously, as many do. They ( the Ministry of Defense - SR ) would not have fallen behind anyway, he is sure. The criminal case against him was never closed. “They said that in case of death or if limbs are torn off, they will only cancel it.