The Framework of Military-Service Offences
The legal risks connected with conscription and military service in Georgia are defined by four norms of the Criminal Code: evasion of service by a person subject to the draft (Article 356), evasion of mobilization reserve service (Article 357), evasion of a mobilization call-up (Article 358), and desertion (Article 389). The task of this page is a precise map: which conduct falls under which norm, what sanctions are provided, and where the real points of defence lie. First, the three evasion norms are addressed to different subjects: Article 356 concerns the person subject to the draft, Article 357 the person bound by a reserve-service duty, Article 358 the person called up by mobilization, and Article 389 the serviceman already in service. The very first question the defence therefore asks is the delimitation of the subjective circle: whether the person is under any duty at all under this or that norm. Second, every evasion episode rests on a factual trail — the chronology of the summons, medical conclusions, correspondence with the military commissariat — and that trail is the defence's raw material.
Evasion by a Person Subject to the Draft — Article 356
Article 356 distinguishes two services. Evasion of military service by a person subject to the draft — including by simulating illness, self-inflicted injury, use of a forged document or other deception — is punished by a fine or imprisonment for up to three years. Evasion of non-military alternative labour service carries a lighter regime: a fine, community service from one hundred eighty to two hundred hours, and/or imprisonment for up to one year. The same conduct during martial law or a state of emergency is sharply aggravated: two to five years. For the defence, the central question is the formulation of evasion — lawful deferrals and lawful routes of non-enrolment do not fall under this norm, and the boundary stands precisely between a lawful decision and deception. In practice, the most contested episodes on this boundary are: concealment of a health condition or, conversely, the treatment of a real illness as simulated; incorrect calculation of the term of service; and non-receipt of call-up notices upon a change of residence. Each of these episodes is verifiable through documents, and timely correction at the administrative stage prevents the case from reaching a criminal charge.
The Mobilization Norms — Articles 357 and 358
Evasion of mobilization reserve military service becomes an object of criminal liability only after an administrative penalty has been imposed: it is then punished by community service from one hundred eighty to two hundred twenty hours or imprisonment for up to one year. Evasion of a mobilization call-up is one of the strictest norms in this family: imprisonment from four to eight years. No preliminary administrative condition exists there — the conduct directly gives rise to a criminal charge.
Desertion — Article 389
Desertion is the arbitrary leaving of a military unit or another place of service by a serviceman or reserve serviceman for the purpose of evading service, or failure to report for the same purpose — punished by imprisonment from three to seven years. The same act committed with a weapon entrusted for official use, or by a group — from five to ten years. The note to the norm is of particular importance for the defence: a serviceman who commits this act for the first time may be released from criminal liability where the desertion was caused by grave circumstances — a lawful lever that must be assessed at the very first stage of the case. Moreover, the composition of desertion requires an element of purpose — leaving with the aim of evading service; leaving the unit for another purpose, for instance as a breach of short leave, is governed by other instruments and other disputes. It is precisely the reconstruction of purpose — what happened before and after the departure, where the person was, why he did or did not return — that frequently becomes the central dispute in this category of cases.
Frequently Asked Questions
What is the punishment for evading military service?
A fine or imprisonment up to three years; in martial law or emergency — two to five years.
And evading alternative service?
A fine, community service of one hundred eighty to two hundred hours, and/or imprisonment up to one year.
What is desertion?
Arbitrarily leaving the unit or failure to report for the purpose of evasion — three to seven years.
Is release possible for desertion?
Yes — a first-time serviceman may be released where the desertion was caused by grave circumstances.
How We Help on Legal.ge
Conscription cases begin at the administrative stage, and timely legal involvement often prevents the matter from reaching the criminal phase at all. On Legal.ge you can engage a lawyer who will assess deferrals, alternative service and health issues and protect your interests at every stage. Submit a request on the site and get qualified assistance.