"Let's Get Me into Prison"

Russians fighting in Russia’s War On Ukraine are increasingly attempting to get themselves imprisoned to avoid returning to the front lines, according to independent outlet Vazhnye Istorii, which interviewed lawyers, rights defenders, and a serviceman's wife. All names in the report were changed for safety reasons.

Vladimir, a native of Luhansk, moved to Russia with his family in 2018 to escape shelling. They obtained Russian citizenship, and in the fall of 2022, shortly after Russia announced mobilization, Vladimir received a draft notice.

After several months of service in an assault unit, Vladimir, according to his wife Elena, realized that “the only way out of there was in a body bag.”

After two years of service, Vladimir was wounded in the leg and granted medical leave. Once home, he told his wife, “That’s it, let’s get me into prison.” Then she contacted a lawyer.

Vladimir attempted to recover from his injury, but was detained on the street and placed on a train to St. Petersburg with recruits. From there, the soldiers were to be taken to the front. However, Vladimir took his documents and ran away.

He hid at a friend’s apartment in St. Petersburg, waiting a few days until his absence could be classified as “unauthorized leave,” which under Russian law triggers criminal liability after 48 hours. Then, with his lawyer, he turned himself in to the authorities.

The investigation took three months. “We were terrified the whole time that they’d take him back to the war,” said his wife. The couple feared a suspended sentence, because some of Vladimir’s acquaintances had been sent back to the front after receiving one. “We had many mitigating factors like state awards,” Elena said. “Our lawyer kept saying, ''The most important thing is to avoid a suspended sentence.'”

So when Vladimir was sentenced to several years in a penal settlement, they were relieved. “Our family no longer belongs to the Ministry of Defense,” Elena told the journalists.

Vladimir’s case is not unique. Since spring 2024, the number of deserters seeking prison sentences has grown, according to the rights group Prizyv k Sovesti (Call to Conscience). In late 2023 and early 2024, lawyers received about one request per month for this type of legal assistance. Since May 2024, they’ve been receiving an average of 10 such requests monthly.

According to Vazhnye Istorii, at least 49,000 soldiers have deserted the Russian army since the start of the war.

Escaping directly from the front is dangerous. In July 2024, the military legalized makeshift detention cells, known in slang as “pits,” where soldiers who refuse to fight or violate orders are held. These field jails reportedly involve beatings and abuse. As a result, many deserters flee while on leave or recovering from injuries. Most can not afford to leave Russia due to financial hardship or lack of documents.

The organization Idite Lesom (Go through the Woods), which assists deserters, says it has helped 1,973 servicemen flee the front. Fewer than 800 of them successfully left Russia.

To avoid being charged under the harshest article (desertion), lawyers advise soldiers to surrender quickly. A soldier who is absent for 2 to 10 days during mobilization can face up to 5 years in a penal settlement. An absence of 10 to 30 days can lead to up to 7 years in a general-regime prison. More than 30 days carries a sentence of 5 to 10 years.

Desertion, however, is punished with up to 15 years. A key factor in whether a case is treated as desertion is proof that the serviceman intended to leave permanently, for example, by taking a job, attempting to flee the country, or forging documents, according to Prizyv k Sovesti.

The path of a soldier trying to go to prison instead of war is full of obstacles. Criminal proceedings can begin 48 hours after a soldier leaves his post. But commanders often delay notifying authorities, preferring to retrieve the soldier rather than punish him, said a military lawyer.

“A soldier must show real persistence to get his case to court,” the lawyer added. “After surrendering, he’ll be persuaded or even forced to return to the front.”

In late 2024, the outlet Sibir Realii reported at least 150 criminal cases under Article 337 of the Russian Criminal Code (AWOL) were suspended in court after the accused agreed to return to combat.

“You have to fight to be imprisoned,” said another lawyer. “No one has ever come to me before begging to get their case classified as a criminal one.”