Ukraine

They want to prohibit courts from commuting sentences or imposing a probationary period for evading mobilization

To the Verkhovna Rada submitted draft law No. 13014-1, which prohibits courts from imposing a lighter sentence or releasing with a probationary period persons who evade mobilization, as well as those who facilitate illegal border crossing.

The author of the bill is People’s Deputy, member of the Verkhovna Rada Committee on Law Enforcement Activities Maksym Pavlyuk. The document provides for changes to the Criminal Code of Ukraine, in particular to Article 69, which currently allows courts, taking into account mitigating circumstances, to impose a milder punishment than provided for by law.

The draft law proposes to establish that the courts will not have the right to reduce the punishment below the minimum limit determined by the sanction, or to impose a milder punishment under articles 332 of the Criminal Code (illegal transportation of persons across the state border) and 336 of the Criminal Code (evasion of conscription during mobilization).

It is also proposed to amend Article 75 of the Criminal Code, which regulates the possibility of exemption from serving a probationary sentence. Currently, the court can decide on a suspended sentence if it considers that the convicted person can improve without serving the sentence.

Draft Law No. 13014-1 provides that such probationary release will not be applied to persons who evade mobilization or who have facilitated illegal border crossing.

 

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