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Post: Supreme Court clarifies when surrender is considered a crime


Statue of the goddess Themis. archive photo

Supreme Court: Surrender will be a crime if you can resist

MOSCOW, March 21 – RIA Novosti. The draft resolution of the plenary session of the Supreme Court of the Russian Federation declared that surrendering when there is an opportunity to “decide resistance” is a crime punishable by up to 10 years in prison.

“Surrender into captivity is a crime only when it is done voluntarily, that is, when it is committed knowingly when it is possible to resolutely resist the enemy and avoid capture,” the draft states. There is no corpus delicti if the soldier is “incapable of escaping captivity because of his physical condition: for example, he is in a helpless state, including as a result of a severe wound or bullet shock”.

The sanction for voluntary surrender is between three and ten years in prison, but if the army later turns to the enemy’s side, the “Treason” clause has already been imposed on him, threatening 20 years in prison.

A soldier who voluntarily surrenders for the first time can avoid criminal liability “only if all the conditions prescribed in the norm are present”: that is, if he “has taken measures for his release, returned to his unit or place of service”. and did not commit any other crimes in captivity.

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Source: Ria

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