Defence in an absence without leave case (Article 337)

What is happening

A case normally starts with the commander's report and material from the military police. By the time the family hears about it, the investigator has already taken the first statements, and the serviceman has often said something without an advocate present. So the first thing we do is enter the case and establish what exactly is already recorded in the file.

Article 337 covers situations of very different gravity: the length of the absence, whether it fell in a period of mobilisation or martial law, and the situation in the unit. The classification turns on those circumstances, and it is not always correct from the outset. A discrepancy between the report and the actual dates is common, and it is tested against documents.

There is often a back story to the absence: an untreated wound, a refusal to admit the man to hospital, a conflict in the unit, leave or sick leave never formalised, requests up the chain of command that went unanswered. We do not judge whether the man is guilty — that is for the court. Our work is to make sure those circumstances are gathered, documented and placed on the file.

What the law says

• Article 337 concerns leaving a unit or failing to report on time without valid reasons; the questions that decide the case are how long the absence lasted and in what period it fell.
• Article 337 of the Criminal Code distinguishes between ordinary conditions, mobilisation, martial law and active hostilities, and the classification and sentencing range depend on which applied.
• Valid reasons and difficult personal circumstances are not invented by the defence but evidenced: medical records, personnel documents, correspondence up the chain of command.
• Voluntary surrender, state of health, the situation in the unit and the man's conduct after his return are among the circumstances a court takes into account when sentencing.
• Cases against servicemen are investigated by the military investigative bodies and tried by a military court, the garrison court at first instance.
• A suspect or accused has the right to a defence advocate from the first interview and the right not to give evidence against himself; staying silent is not itself evidence.

What we do

• We enter the case as defence advocates, review the file and attend every investigative step involving our client.
• We check the dates, the reports and the unit's personnel records against the actual circumstances of the absence.
• We request and collect medical records, referrals, discharge papers, wound documentation and the record of requests made to the command.
• We put the correctness of the classification to the investigator and apply for witnesses to be interviewed and for expert examinations, including a military medical board and forensic medical reports.
• We deal with the custody measure, preparing documents and objections when detention or its extension is considered.
• We prepare the position for trial, appear at the garrison military court and, where needed, prepare an appeal.

What we need from you

• Service documents: the contract or call-up papers, extracts from orders, a certificate of service.
• Everything received from the investigator or the court: rulings, summonses, records of interview, charging documents.
• Medical records from before and during the absence: discharge papers, referrals, medical opinions, wound documentation.
• Reports, applications and requests to the command bearing a receipt stamp, together with any replies.
• Details of family and dependants, character references from the unit and from work, records of any decorations.
• The client's own written account of what happened and on which dates.