The Investigative Committee for the first time opened a criminal case on non-execution of an order in wartime, said lawyer and human rights activist Pavel Chikov. The accused is a contract soldier who refused to participate in "combat operations"; his name, as well as the region where he comes from, are not given.
The case was initiated under Part 2.1 of Art. 332 of the Criminal Code of the Russian Federation – "non-fulfillment by a subordinate of the order of the chief during martial law, in wartime, as well as refusal to participate in military or hostilities." This part was introduced into the Criminal Code by "mobilization" amendments in September. The punishment for it is from two to three years in prison.
According to the investigators, the person involved in this case, being a contract soldier, “did not comply with the order given in the prescribed manner to leave on a business trip to participate in hostilities, thereby refusing to participate in them.”
The day before, the first criminal case was opened in Russia about the unauthorized leaving of the unit to the mobilized. The accused was a resident of Yakutia. He was allegedly called up for mobilization and arbitrarily left the military unit in Buryatia, where he was sent from the military registration and enlistment office.
“I will not go to any Ukraine, I will not shoot at any Ukrainians,” the man told the commander. After that, they began to threaten him with reprisals and criminal prosecution. He escaped from the unit through a hole in the fence.