Criminal Liability for Desertion under the Legislation of the Republic of Moldova

Abstract

National security is a crucial component of the state of the Republic of Moldova. Therefore, an important condition for ensuring it is the exact compliance by the military with the military laws and regulations to successfully carry out the tasks established by the Armed Forces of the Republic of Moldova and ensure state security. Violation by military personnel of legislative requirements and military statutes carries with it either disciplinary responsibility or, in the most serious cases, criminal liability. In this context, the criminal legislation of the Republic of Moldova provides for "Military Offenses" in Chapter XVIII. Desertion represents a component of the acts that fall under the category of military offences, which is criminalized in Art 371 of the Criminal Code of the Republic of Moldova. The unjustified absence of a soldier from their unit constitutes a clear insubordination primarily against the law and military regulations. Dodging military service represents a violation of duty towards the country, a provision confirmed by the supreme law of the Republic of Moldova, which states that defending the country is a sacred duty of every citizen.