On May 18, the Supreme Court of Russia clarified what the courts should take into account when considering criminal cases on voluntary surrender. The court noted that voluntary surrender is qualified under Article 352.1 of the Criminal Code of the Russian Federation only if there are no signs of a crime under Article 275 of the Criminal Code of the Russian Federation on high treason.
If the court establishes that the defendant participated in the troops of a foreign state opposing the military personnel of Russia in an armed conflict, and it was for this purpose that he surrendered, then “the deed is subject to assessment only as treason in the form of going over to the side of the enemy,” the Supreme Court of the Russian Federation explained .
The surrender of a serviceman is a crime only if it was voluntary, committed with the opportunity to “resist the enemy and avoid capture”, writes Interfax.
According to the note of the article of the Criminal Code of the Russian Federation, a serviceman can be released from punishment if he first surrendered, and then took measures for his release and returned to his place of service. At the same time, while in captivity, he did not commit crimes.
In addition, if a soldier cannot evade captivity due to injury or concussion, then his capture by the enemy does not constitute a crime.
The Supreme Court of the Russian Federation is the highest judicial body for cases within the jurisdiction of courts of general jurisdiction and arbitration courts. The court provides clarifications on issues of judicial practice, exercises judicial supervision.
