Russian media reports say the State Duma (Russia’s lower chamber of parliament) has adopted in the first reading a bill for the release of responsibility for the accused, called up for military service.

TASS reports that at a plenary meeting on September 18, the State Duma discussed draft laws to exempt those mobilized or people who sign up for military service from criminal charges.

The measure would also enable people facing criminal charges to sign contracts with the army.

At the end of August, the Supreme Court of Russia submitted to the State Duma a bill that allows even those whose cases are being considered in a court, and not only at the preliminary investigation stage, to be sent to war in Ukraine.

The amendments proposed by the Supreme Court are explained by the existing contradictory practice.

Now, according to the law, if a person goes to war after the conclusion of the investigation, but before the sentence, then his case should not be closed.  In fact, he only gets a reprieve from continuing the process, not a "reset" of responsibility for his actions.

RBC reports that the proposed changes to Article 78.1 of the Criminal Code aim to modify the conditions for releasing individuals from criminal liability in connection with signing a contract for military service during mobilization, wartime, or martial law.  Currently, the article states that individuals whose preliminary investigation has been suspended (except for those who have committed certain serious crimes) are exempt from liability.  The draft law proposes replacing the term "preliminary investigation" with "proceedings in a criminal case" and adding the condition that such exemption can only occur "at the request of the command of the military unit (institution)."

According to Russia’s Criminal Code, certain individuals are prohibited from entering into military service contracts, including those who have committed crimes against the sexual integrity of minors, as well as other serious offenses such as terrorism, illegal export of arms or military equipment, hostage-taking, organizing or participating in illegal armed groups, banditry, organizing a criminal community, drug smuggling, treason, espionage, sabotage, organizing extremist groups, and more.

In the current version of Article 78.1 of the Criminal Code, it states that exemption from criminal liability occurs either from the day the individual is awarded a state honor during military service or from the day of dismissal for a number of specified reasons. These provisions are not proposed to be changed.

Similar amendments are also being proposed for the law "On Military Duty and Military Service," aiming to align the legal framework with the changes in the Criminal Code regarding the conditions for exemption from liability during military service.

Meanwhile, Kremlin spokesman Dmitry Peskov told reporters that aspects concerning the participation of convicted criminals and prisoners in the special military operation require certain formalization.

Commenting on a bill that envisages lifting criminal charges of people mobilized for military service or those who have signed a contract with the army during court trials, he said: "While quite a number of defendants and convicts have signed contracts to join the special military operation, <…> multiple aspects need to be legally formalized."