48 persons involved in criminal proceedings investigating the National Anti -Corruption Bureau and the Specialized Anti -Corruption Prosecutor's Office were mobilized to the ranks of the Armed Forces of Ukraine after transferring their cases to court. As a result, the trial of these accused was suspended.
This was reported by the SAP, focusing on a new trend, which, according to prosecutors, turns into a mechanism for avoiding responsibility.
After the suspicion, investigation and transfer of the case to court, the accused may voluntarily stand before the Armed Forces. If it gets to the war zone or participates in combat missions, the court stops the case before the end of the service.
As noted in the SAP, this practice leads to:
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stopping lawsuit indefinitely;
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delaying the sentence;
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Reduction of limitation periods of prosecution, which in fact avoids punishment.
Prosecutors point out that more and more often they see in the voluntary mobilization of the accused not a manifestation of civil responsibility, but a legal strategy.
This trend has become particularly publicized against the backdrop of the news of the former head of the State Fiscal Service Roman Nasirov, whose case was already considered at the stage of judicial debate. In April, it became known that Nasirov was mobilized to the Armed Forces, after which the defense immediately asked to stop the case.
However, within a few days, the Military Law Enforcement Service canceled the mobilization order, and also announced an official investigation into the circumstances of its conscription.
This case demonstrated possible abuse of the mobilization mechanism and caused public resonance.
The prosecutor's office emphasizes that participation in hostilities should not become a shield to avoid responsibility. On the one hand, the defendants can indeed perform combat missions, on the other - they use it as a legal pause, which in the context of martial law significantly delayed the process of bringing to justice.
The SAP also warns that abuse of such mechanisms can undermine confidence in mobilization itself as a defense tool.
