The Essence of Unauthorized Absence
Article 388 of the Criminal Code of Georgia criminalizes a serviceman's unauthorized absence from a military unit or another place of service, as well as failure to return to the unit in time without a valid reason. The time criterion is decisive here: the first part treats absence lasting more than two but not more than ten days; the third part — absence of more than ten days but not more than one month; and the fourth part — absence lasting more than one month. Each duration step creates a separate classification, which is why the exact computation of time is of paramount importance for both the prosecution and the defence. The subject of the crime is a serviceman, and the law also establishes a separate, graver composition for departure carried out with the aim of evading service — a boundary the prosecution must draw precisely, since confusing the two norms is one of the weakest points of a charge.
Absence counts as a crime only without a valid reason: illness, a family or another significant circumstance changes the classification, and it is precisely the establishment of these circumstances that the dispute turns on in most cases. At the same time, the computation of time is technically simple but practically contestable: when the absence began and ended, whether it can be divided into periods and how all this is recorded in the protocols — the answers to these questions directly determine the step of the charge. A temporary departure and a deliberate removal from service must also be distinguished: in the first case the matter stays within this norm, in the second the classification may be considerably more severe, as described by another norm of the law. The fact of return matters as well — a voluntary return ends the period and often changes the assessment of the case, for a person's subsequent conduct says more about intention than any formal indicator.
The dynamics of the case matter as well: the person often returns to the unit voluntarily, which fixes the end of the period, and from that moment the collection of documents about what happened during the absence begins. Documenting medical and family circumstances is most effective precisely in this window, and whoever misses it must spend far greater effort later to prove the same facts.
Penalties by Duration
The act under the first part — unauthorized departure or absence for more than two but not more than ten days — is punished by imprisonment for a term of up to one year. Under the third part, the same act committed for more than ten days but not more than one month is punished by restriction of service in the military for a term of up to two years or imprisonment for a term of up to three years. Under the fourth part, the act of the third part committed for more than one month is punished by imprisonment for a term of two to five years. Each step is formulated separately, and their compression is impermissible.
The Exempting Note and Defence Strategy
Under the note to the article, a serviceman who commits for the first time an act envisaged by this article may be released from criminal liability if the unauthorized absence was caused by grave circumstances. Defence strategy thus combines three directions: the exact computation of the period and the reduction of the step, the substantiation of a valid reason or grave circumstances, and the application of the exempting note.
Procedural rules and the boundaries of disciplinary liability are determined by other norms, so the assessment of a concrete case takes place after studying the documents. A properly built defence often lowers the step or moves the case into the disciplinary regime: the exact computation of the step, the substantiation of a valid reason and the recording of the fact of first-time commission together form the argumentative block that the court examines directly, and omitting any of them diminishes the value of the rest.
Frequently Asked Questions
What duration of absence is punished?
More than two but not more than ten days — the lightest composition; more than ten days but not more than one month — the intermediate one; more than one month — the gravest.
What penalty is provided?
Under the first part — imprisonment of up to one year; under the third — restriction of service of up to two years or imprisonment of up to three years; under the fourth — two to five years.
Is release from liability possible?
Yes — for a first-time act, if the unauthorized absence was caused by grave circumstances.
How does a valid reason operate?
Absence counts as a crime only without a valid reason, so establishing such a reason directly removes the classification.
How We Help on Legal.ge
On Legal.ge you can find military and criminal law advocates who will help compute the periods in absence cases, substantiate grave circumstances and conduct the court defence. Choose a specialist and receive a plan tailored to your situation.