The Concept of Crimes Against Military Service
Criminal defense before a military court begins with the concept: a crime against military service is an act provided for by the relevant chapter of the Criminal Code, directed against the order of military service, committed by a servicemember or by a reservist during reserve military service. The subject is special: the same act by a civilian is not examined under this chapter. In wartime or a state of emergency, liability is determined by Georgian legislation, a regime distinct from peacetime sanctions. Defense accordingly starts by establishing the person's status at the moment of the act and the applicable regime.
Failure to Execute a Superior's Order and Resistance
The composition of failure to execute an order is multi-tiered. Failure by a subordinate to execute a superior's order issued in the established manner, which substantially harmed the interests of military service, is punishable by service restriction for up to two years or imprisonment for up to one year. The same act committed by a group or negligently causing a grave consequence is punishable by imprisonment from two to five years. Where the order was not executed out of a careless or dishonest attitude towards service, substantially harming its interests, service restriction for up to one year applies. Resistance to a superior or forcing him to violate his military duty by violence or the threat of violence is punishable by service restriction for up to two years or imprisonment from two to five years, and the same act committed by a group, with the use of weapons, or causing less serious or grave injury to health or another grave consequence — by imprisonment from four to eight years. Each tier must be established separately: group commission, weapons and gravity are qualifying features to be challenged.
Leaving a Unit and Evading Military Service
The composition of unauthorized absence is built on duration. Unauthorized leaving of a military unit or another place of service by a servicemember, as well as failure to return in due time without a valid reason for more than two days and nights but not more than ten days and nights, is punishable by imprisonment for up to one year. The same act committed for more than ten days and nights but not more than one month is punishable by service restriction for up to two years or imprisonment for up to three years, and absence exceeding one month — by imprisonment from two to five years. The law contains an important humane norm: a servicemember who commits this act for the first time may be released from criminal liability where the leaving of the unit was caused by grave circumstances. Evading military service by simulating illness, self-injury, using forged documents or other deception is punishable by service restriction for up to two years or imprisonment for up to one year. The exact count of days and nights and the reason for leaving are decisive.
Breach of Vehicle Driving Rules in Military Service
Breach of the rules of driving or operating a combat, special or transport vehicle that caused grave or less serious injury to a person's health is punishable by imprisonment for up to two years, deprivation of the right to hold a position or to carry on an activity for up to three years, or without it. The same act causing the death of a person is punishable by imprisonment from three to seven years, and causing the death of two or more persons — by imprisonment from six to ten years. The link between breach and consequence is key: a technical defect or the vehicle's condition may remove culpable causation.
Frequently Asked Questions on Court-Martial Defense
Below are brief answers to the key questions raised in connection with court-martial defense.
Who can be accused under these articles?
Only a servicemember or a reservist during reserve military service — these norms do not extend to ordinary citizens.
What sanction follows unauthorized absence?
Depending on duration — up to one year, restriction up to two years or imprisonment up to three years, and beyond one month, from two to five years.
Is release from liability possible?
Yes — a first-time offender may be released from liability where the absence was caused by grave circumstances.
How important is the gravity of the consequence?
Decisive: the gravity of the consequence, the degree of injury and the number of deaths directly increase the sanction.
How does wartime liability differ?
In wartime or a state of emergency, liability for these crimes is determined separately by Georgian legislation, so establishing the regime is the first step.
How We Help on Legal.ge
The advocates of Legal.ge defend clients before military courts at every instance: we analyse qualifying features, count days and nights, examine causation and grave circumstances, and invoke the release norms. Contact us — a timely response in a military case changes the outcome.