According to the legislation of the Russian Federation, military service is the obligation of an adult male citizen of the Russian Federation. In some cases, young people may be exempt from military duty for a certain period of time or completely. The question of whether they are accepted into the army with a criminal record worries many conscripts with a troubled past. However, avoiding service in this way is highly discouraged, since it is not only a temporary opportunity to evade the obligation, but also leaves an imprint on the person’s future. Read more about the nuances of conscription into the army in such cases in our article.
Do they take you into the army with a criminal record?
What is meant by “criminal record”
If there are charges due to an offense and the evidence available for this, the person ends up in court, where he can use the services of a lawyer and defend his interests. The judge listens to the testimony of both sides, pronouncing a verdict on these grounds. A criminal record indicates that the defendant was found guilty and received a suspended or prison sentence.
A record of criminal record is entered into the passport if the defendant incurs criminal punishment. At the same time, the data is entered into state databases, so it will not be possible to hide this page of the biography throughout your life.
Conscription is impossible if guys of military age are under investigation or their cases are being referred to court. People under arrest are not drafted into the army until a procedural decision is made against them.
Conditional criminal record for a conscript
If a conscript does not serve his sentence in prison or a colony, but has a suspended sentence, then by law he is not allowed to serve until the end of this time. They will take him into the ranks of the Armed Forces only after the period of punishment is over.
Some conscripts use this move to try to get out of the army. This is strongly not recommended. A suspended conviction, like any problems with the law, is entered into the database. The presence of such indicators in the future will seriously affect employment, and you don’t have to think about the civil service.
After a suspended sentence, you can serve in the same year when it expires. In this case, a probationary year is not provided. This means that with a suspended conviction, immediately after its expiration, a guy is obliged to go to the military registration and enlistment office within 14 days to register for military service. The young man will receive a summons to the nearest conscription company and go to serve.
When assigning a suspended sentence, the court often puts forward certain requirements, if violated, the young man can turn the sentence into a very real one. These conditions include:
- ban on visiting any specific public places or public events;
- obligations to find a job or graduate from school;
- prohibition to change place of residence or work unless the relevant regulatory authorities are notified;
- compulsory treatment.
Some of these conditions make it impossible to serve in the army, since the conscript will not be able to fulfill the requirements of the court.
Who is not accepted into the army?
Persons with a valid and outstanding criminal record are not accepted into the army. The Law “On Military Duty and Military Service” provides for exemption for the following citizens who have:
- serving a sentence for a criminal offense;
- unexpired criminal record;
- house arrest or other restriction of freedom;
- an investigation is carried out into their case at the time of conscription.
Until a person has been fully punished for the crime he has committed, he can forget about military service. Even despite voluntary consent to join the ranks of the armed forces, military registration and enlistment office employees do not have the right to send a summons until repayment.
Is this advisable?
This approach is quite natural. After all, the presence in the ranks of the army of persons with similar inclinations will have a detrimental effect on young people, on relationships in the team, and much more.
It turns out that serious criminals are simply eliminated and cannot join the army. As for minor offenses, many young people already manage to realize the infidelity of their actions and lifestyle, and therefore, for the most part, they do not create problems in the team.
Although, of course, situations are sometimes different.
However, it is worth noting one more nuance. Thus, people with criminal records do not join the elite troops.
And in general, they strive to keep the situation under control, avoiding problems.
Of course, the debate on whether people with a criminal record can be drafted into the army continues to this day. Some people believe that people with a criminal record should not appear in the army at all, under any pretext.
There are opinions that a separate branch of the military should be allocated for them, or they should be maintained in a separate order. Also, some people believe that those with criminal records should be called up first.
Without delay, send to hot spots.
There are radically different opinions, and this topic is regularly discussed again. However, in terms of legislation, no changes are expected so far, either in the near future or in the future. So you just have to keep in mind the existing realities.
This is important to know: Is it possible to come to the military registration and enlistment office before the summons?
Expungement of a criminal record
A criminal record is considered expunged provided the sentence is served and there are no offenses during the probationary period. The probationary period is the main factor in repayment. Its duration depends on the severity of the crime committed.
Time intervals after which a criminal record is considered expunged:
- if there is a suspended sentence at the same time that this term ends;
- 1 year, if the punishment is not imprisonment;
- 3 years for committing crimes of moderate severity (inclusive) with serving time in prison;
- 6 years – serious crimes;
- 8 years are especially difficult.
If there are no offenses within the specified period, the criminal record is considered expunged. It is legally allowed to conscript those with criminal records with expungement, however, military registration and enlistment offices often “forget” about this, believing that such an example will negatively impact other recruits. Men with an outstanding criminal record are not drafted into the army.
ATTENTION! A criminal record can be expunged early if you behave well or are eligible for amnesty. If at the end of the probationary period a man is 27 years old, he is not subject to conscription.
Criminal liability
Criminal liability means taking action against a person for illegal actions he has committed. In Russia, the main age of criminal responsibility is 16 years, the lower age is 14 years. Reduced is associated with crimes of varying severity.
Let's look at a few examples. Generally dangerous actions are understood as: murder, theft, physical violence, causing serious injury, kidnapping, extortion, manufacturing explosive substances or devices, falsely reporting the presence of a bomb somewhere, drug trafficking, vandalism, rape, theft of weapons, etc.
When committing such acts, the court holds a person over 14 years of age accountable.
Clearance of a criminal record
Less common occurrence. Removal occurs after consideration of the convicted person’s request by the court. The petition is based on the impeccable behavior of the convicted person or compensation for damage to the victims. When considering the request, the court issues a special document indicating that the criminal record has been cleared.
Amnesty or pardon are also reasons for expunging a criminal record. But the second is extremely rare, is within the powers of the president and is of a personal, isolated nature, unlike an amnesty.
A military ID is issued if you reach the non-conscription age. For example, a convict served his sentence and was released at the age of 25; his probationary period lasted 3 years. At the age of 28, he becomes unconscripted, but still comes to the military registration and enlistment office for a medical examination, where he is given a document, regardless of the doctor’s conclusion.
Who is prohibited from studying in military universities?
And now the time has come to consider such an issue as a criminal record and military school. Young people who have not had their convictions for crimes committed have not been expunged or expunged are not accepted into a military university. They will also not accept those who have been deprived of their freedom and whom the court has deprived of the right to hold any military positions.
Decor
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Criminal record
- Where to get a certificate of no criminal record
- Can you join the army with a criminal record?
- Certificate of no criminal record
- Certificate of good conduct through State Services
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- Certificate of good conduct in Moscow
- Certificate of good conduct in St. Petersburg
- Expungement of a criminal record
- Validity period of a certificate of no criminal record
- Check criminal record
- Help for work
- Article for murder in the Criminal Code of the Russian Federation
- Causing harm to health
- Causing minor harm to health
- Causing moderate harm to health
- Causing grievous bodily harm
- Intentional damage to property
- Exceeding the limits of necessary defense
- Exceeding official authority
- Checking your passport for validity
Service after probation and "incarceration"
Is it possible to join the army with a conditional criminal record? This is a common question, especially among those desperate people who consider the “condition” as a way to avoid military service.
A valid suspended conviction closes the door to service. This is explained by the need to perform assigned public works, which is incompatible with the duties of a military personnel
But after the expiration of the term of the “condition”, it is canceled, which implies the delivery of a summons to persons of military age. Within two weeks after the suspended sentence is completed, the young man is obliged to appear at the military registration and enlistment office and register, and during the conscription campaign nothing prevents him from receiving a summons for a medical examination.
Conscripts considering this method of deferment should better abandon this idea, since a suspended conviction leaves a stigma for life, depriving a person of the opportunity to:
- occupy serious positions;
- work in a decent institution;
- get a job in kindergartens, schools, banks, etc.;
- hold public office.
Is it possible to serve after a conviction that included imprisonment? With a real term, the same principles apply as with a conditional term. After the end of the criminal record and probation period, regardless of the severity of the crime committed (provided that the man is still of conscription age), he will be called up to serve.
A situation in which charges against a suspect have been dropped and he is found not guilty is not a reason for delay. And they will also never conscript a person in prison to the military registration and enlistment office.
Does it make sense to get a criminal record and use it as a way to evade the draft?
From a legal point of view, this method is really effective. Its implementation is very simple. It’s no secret that it’s very easy to go to a store, steal an expensive product under the gun of cameras, get caught and get a criminal record.
However, not a single person with a legal education will recommend this method, since it entails a huge list of side effects.
Firstly, a criminal record tends to expire, which means that if it is expunged before the end of 27 years, then the chance of getting into the army is extremely high.
Secondly, even if you have crossed the 27-year mark and did not have time to be drafted into the army, then information about your criminal record will now remain with you for life. This means that you will have problems finding employment in any educational or government organizations. Even if you are not interested in such structures, problems may also arise when finding employment in the commercial sector, since checking information about an employee’s criminal record now does not seem to be a big problem.
In general, it makes no sense to break the law in order to evade military duty. It is much more effective to circumvent this law without breaking it.
Contract service
Many young people want to connect their lives with the army, preferring to serve under a contract. Are the conditions the same for all conscripts? Part 5 of Article 34 of the Federal Law states that concluding a contract with persons who have served sentences in prison is impossible.
The contract is not concluded with conscripts with an outstanding criminal record and other restrictions listed above for serving in the armed forces. The question is often heard why people with a criminal record are not accepted into the army. If there is an outstanding criminal record, the decision is made on the basis of current legislation.
And the “ignoring” of some citizens with an expired criminal record often occurs due to their imprisonment. Thus, it is almost impossible for repeat offenders and people who have committed serious criminal offenses to receive a summons to the military registration and enlistment office. This is easily explained: the military registration and enlistment office employees believe that if they take such conscripts, it will destroy discipline and have a negative impact on the serving corps of recruits.
In what cases will a convicted citizen be called upon?
According to the Constitution of the Russian Federation, performing military service in the ranks of the Armed Forces is the direct responsibility of every citizen who has reached the age of majority, has no contraindications for health reasons and the right to a deferment. There are categories of citizens who are not at all subject to conscription for military service. The state cannot put obstacles in the way of convicted youths if they have the desire to serve the Fatherland, but is this really so?
A person who has broken the law may be sent to the military by the military commissariat if:
- The young man is not under arrest in a pre-trial detention center or in a prison.
- The criminal record has been cleared or expunged.
- The investigation and inquiry authorities dropped the case against the candidate soldier.
- The young man was found not guilty of committing a crime, all charges and suspicions were dropped from him and he was released right in the courtroom.
Where are convicted people sent to?
Every convict is interested in what kind of troops are recruited into the army under the current circumstances. It is a mistake to believe that the presence of a “dark” past affects the distribution of conscripts. People who have committed minor violations are called up with the rest of the guys on a general basis.
The selection of troops is based on data on education, professional skills, and also taking into account medical indicators. The restriction is elite troops (special forces, navy, FSSP, airborne forces, missile forces, etc.), where it is difficult for a recruit with a “clean” biography to get into.
