Defendants now have a choice to enlist in the military and avoid trial
Russians facing felony charges who voluntarily enlist in the military under certain circumstances will be able to avoid trial and the possibility of imprisonment, under two amendments signed into law by President Vladimir Putin on Wednesday.
The changes mean that defendants who are called up for military service during a mobilization, or who voluntarily enlist during wartime, may have criminal proceedings against them halted and be released from jail or on a house-arrest basis.
Amendments to Article 238 of the procedural code added military service through conscription or enlistment (“contract”) during mobilization, martial law or wartime, as grounds on which criminal prosecution can be suspended or terminated.
While at one point in time facing criminal charges in Russia almost guaranteed a conviction, things have changed in recent years, with about 20% of cases ending with acquittal as of 2023.
One of the authors of the proposal, chairman of the State Duma Defense Committee and retired general Andrey Kartapolov, argued that it would give a chance to people who committed a “socially dangerous act” to atone for their deeds and serve their country. The Duma adopted the bill on September 24 and, on the following day, the Federation Council also approved it.
In June 2023, Russia lifted the ban on citizens with criminal records enlisting or being drafted into military service during mobilization or martial law. However, this ban has remained in effect for those convicted of serious crimes such as terrorism, treason, armed rebellion or espionage.
In late 2022 Moscow had called up around 300,000 reservists in order to support military operations in Ukraine. Since then, however, Russia’s military has enjoyed a steady stream of volunteer enlistments. In July, the Defense Ministry revealed that 200,000 peopled had joined up in 2024, a pace of about 1,000 recruits each day.
Meanwhile, Ukraine has struggled to round up enough troops to man its frontline brigades, despite increasingly aggressive enforcement of military-service rules. Earlier this year, Kiev lowered the age limit for being drafted and allowed the enlistment of convicted felons. Since then, fewer than 5,000 inmates have volunteered for service.
