Russian courts began to consider as a mitigating circumstance participation in a "special operation" when sentencing military men who committed crimes. This is stated in the study "Important stories".
Journalists studied more than 80 sentences handed down by the garrison military courts after 24 February. In most of them, the fact that the soldier fought in Ukraine led to a mitigation of the punishment. We are talking about at least 60 cases – 84%. At the same time, not only participation in the war itself works, but even the intention to go to the front or a donation for the needs of the Russian army. Important Stories found 9 such cases.
Most often, the Russians who fought were given fines. And only in a quarter of cases did the military receive the same sentence as the majority of those convicted under the same articles.
So, in March, a contract soldier got drunk and started a fight in the Vladimir region – he hit a stranger on the head with his fist. Under the article on intentional infliction of grievous bodily harm, he escaped with a fine – this happens extremely rarely. For the whole of 2021, only two people received this type of punishment, usually it is a suspended sentence.
Participation in the war also became a "mitigating circumstance" in cases of theft, forgery of documents, possession of drugs. So, for the purchase and storage of mephedrone to a military man from Kabardino-Balkaria, the judge imposed a fine of 10 thousand rubles. Another convict – from the Rostov region – served several years before the war on drug charges, and at the beginning of the war he went to Ukraine as part of the Redut PMC. As a result, he returned to Russia and again received a sentence: near Izyum, Kharkov region, he “purchased some marijuana and strong pills from one of the local residents, exchanging them for dry rations for soldiers.” He tried to smuggle marijuana across the Russian border in a glasses case, but was caught and found guilty under a drug smuggling charge. He received not 3-6 years, but 6 months in a colony.
Another "popular" article is about leaving the duty station without permission. Participation in the war was a mitigating circumstance in 28 such cases.
So, the Russian contract soldier Andrei Revyakin was not in the unit from April to May – he "decided to take a break from military service." As a result, he was sentenced to probation. The court did not impose a real punishment, because he "conscientiously performed the duties of military service, including those associated with the risk to life, participating in a special military operation."
Because of the war, the sentence can be mitigated not only by the military. Ruslan Kudinov, a resident of Valuyki, Belgorod Region, was sentenced to 1.5 years probation for the purchase and possession of explosive devices. This is because he told the court that he bought hand grenades because of the "troubled situation at the border." The court decided that the punishment "is possible without isolating Kudinov from society."
