The court freed a Carpathian man who refused to fight because of his “relationship with God” from prison
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In Ivano-Frankivsk, the appeals court reduced the sentence of a man who refused to serve in the army because of his religious beliefs.
In particular, the man said that he did not want to kill because of his pacifist views, his relationship with God and “keeping God’s word.”
The court of first instance sentenced him to 1 year in prison, ZaxidNet reports.
However, the Ivano-Frankivsk Court of Appeal overturned the previous sentence and imposed a milder punishment on the man – 1 year of probation (probation).
Read also: “Lost” on the way to the military unit – received a suspended sentence. How are evaders punished in Ukraine?
| Photo: freedomtumz/Depositphotos |
Ivanofrankivets, who was tried, has a law degree, works as a private entrepreneur and raises two children.
In 2000-2001, he served in the army, but he says that he was a bad soldier. 5 months before his discharge from the army, he “repented, was baptized and decided that he would not take up arms.”
For a long time, the man attended various meetings, including Evangelical Christian-Baptists, but then he decided that all Christian currents interpret the Holy Scriptures incorrectly.
He is not currently in any religious organizations, but wants to start his own congregation.
In March 2022, the man learned from his neighbors about the summons in his name, took it and went to the TCC. He even passed the medical board, but due to thyroid surgery, he received a three-month delay.
When the man came for a medical examination for the second time, he was recognized as “limited fit”.
At the Military Commissariat, the man wrote a receipt stating that he refuses to be mobilized due to his religious beliefs, “due to the observance of God’s word and God’s commandments.” But he did not submit any documents about participation in religious gatherings.
He also asked for alternative military service, but the Military Committee informed him that this was impossible.
The conscript did not show up for the dispatch, because he thought that he “might be free” after the receipt.
In April of this year, the court of first instance sentenced the man to 1 year in prison.
He took into account mitigating circumstances: two minor children, the state of health, as well as “many years of deep religious convictions.”
Two appeals were filed against the decision: the prosecutor asked for 3 years of imprisonment, and the accused himself asked to cancel the sentence.
On appeal, it was decided that the trial court had failed to explain why the mitigating circumstances reduced the seriousness and public danger of the crime.
The court also recognized that faith really determines the defendant’s lifestyle and largely explains his motives and way of thinking.
“The presence of deep and sincere religious beliefs related to pacifism and the impossibility of carrying and picking up weapons or wearing a military uniform, killing people because of one’s faith and relationship with God is also confirmed by the conclusion of a specialist, a doctor of philosophy in law.” – says the verdict.
In the end, the judges decided to overturn the previous verdict.
At the same time, the man was found guilty of committing a criminal offense under Art. 336 of the Criminal Code of Ukraine (Evasion of conscription for military service during mobilization).
The punishment in the form of deprivation of liberty was replaced by a one-year probationary period.
We will remind you that earlier we talked about other sentences for evaders, as well as for people who refuse to serve because of their faith.
Read also: Believers and mobilization: is it possible to avoid mobilization because of religion or to undergo alternative service during the war?
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