Statement from the Military Prosecutor's Office
In the context of the declared martial law in the Republic of Armenia, the general mobilization process continues in an orderly manner, with citizens being called up properly and honorably fulfilling their combat tasks and obligations.
Given this, the Republic of Armenia's Military Prosecutor's Office deems it necessary to inform and clarify the following for the purpose of raising public awareness and caution.
According to Article 5 of the RA law on "Military Service and the Status of Servicemen," military service through mobilization is considered a type of military service. This means that individuals called up for military service through mobilization enjoy the same rights, obligations, and measures of criminal liability as regular military personnel.
Accordingly, the RA Military Prosecutor's Office warns that, according to Article 362 of the RA Criminal Code, both voluntarily leaving the military unit or place of service with the intent to evade military service, and failing to report for duty for the same purpose, are classified as desertion. The commission of these acts during martial law, war, or combat situations is punishable by imprisonment for a term of six to twelve years.
Furthermore, Article 364 of the RA Criminal Code provides for criminal liability for a serviceman's refusal to perform military service or individual duties, accompanied by their non-fulfillment or actual suspension. The commission of these acts during martial law, war, or combat situations is punishable by imprisonment for a term of five to ten years.
In the context of the deep and universal awareness of the noble mission of defending the homeland, the RA Military Prosecutor's Office nonetheless stresses that serious criminal legal assessments will be given to similar potential manifestations.