Russia’s mobilization law theoretically allows harsher sentences for nearly any crime. In practice, courts rarely invoke it.
Exactly four years ago, an amendment to Russia’s Criminal Code, directly tied to mobilization, took effect. Under the amendment, courts could, in theory, treat almost any crime committed since September 24, 2022, as having at least one aggravating circumstance: it was committed “during mobilization” — a period that has yet to end.
In September 2022, Russia passed a new amendment to its Criminal Code. This amendment theoretically allows courts to treat any crime committed during a state of emergency, natural disaster, public unrest, mobilization, or martial law as having an aggravating circumstance. The aggravating circumstance makes the crime more dangerous to society, and thus deserves harsher penalties.
However, in practice, courts rarely invoke this provision. There are two exceptions where courts do invoke the aggravating circumstance: when the provision defining the offense already mentions mobilization, or when a jury finds the offender to be deserving of leniency.
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