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On September 20, the State Duma of the Russian Federation approved amendments to the draft law on amendments to the Russian Criminal Code, which proposes to consider periods of mobilization, martial law and wartime aggravating circumstances in the case of a crime. The bill was passed unanimously.
Amendments are made to paragraph “l” of Article 63 of the Russian Criminal Code which explains circumstances aggravating punishment. Such circumstances are described as follows: “the commission of a crime in a state of emergency, a natural or other public disaster, as well as during mass riots, in conditions of armed conflict or military operations.”
In addition, the amendments introduce several new articles of the Criminal Code: “Voluntary surrender” (art. 352.1) and “Looting” (art. 356.1).
In case of surrender a detainee may face from three to ten years in prison, if there are no signs of treason. The draft law states that “a serviceman who has committed a crime under this article for the first time may be released from criminal liability if he has taken measures for his release, returned to the unit or to the place of service and has not committed other crimes during his captivity.”
The article “Looting” (Article 356.1) has been amended to provide for imprisonment for up to 15 years. At the same time, it is proposed to consider the commission of a crime “during the period of mobilization or martial law, in wartime” (Article 63) as aggravating circumstances.
According to the draft law, unauthorized abandonment of a military unit during mobilization and martial law (Article 337 of the Criminal Code) will be punished more severely: from two to ten days — up to five years of imprisonment; from ten to one month — up to seven years of imprisonment; — over a month — from five to ten years in the colony.
At the same time, for non-fulfillment by a subordinate of the order of the chief, given in accordance with the established procedure, during martial law, during wartime or in conditions of armed conflict or warfare, as well as refusal to participate in military or combat operations, it is proposed to punish with imprisonment for a period of two to three years (Part 2.1 of Article 332 of the Criminal Code).
The upcoming changes in the Russian legislative system are probably aimed to create the legal basis for partial mobilization into the Russian Armed Forces. This was expected in recent weeks, after Ukrainian troops managed to regain control over almost the entire Kharkiv region, and the Russian offensive on the front lines almost stopped. The Kiev regime has about a month or two to develop any offensive operation in southern or eastern regions, the preparation for which is reported by the military of both sides. Then the units of the joint forces of Russia and the L/DPR will be significantly strengthened by newly enlisted servicemen. The Russian special military operation in Ukraine may end soon, and a real war will break out.
