The Military Justice Law distinguishes between two offenses: absence without leave, absence from service without authorization, punishable by up to 3 years of imprisonment; and desertion, absence with the intention of not returning to service, punishable by up to 7 years of imprisonment, and in serious circumstances even more.
What is the difference between absence without leave and desertion?
The Military Justice Law distinguishes between two offenses: absence without leave, absence from service without authorization, punishable by up to 3 years of imprisonment; and desertion, absence with the intention of not returning to service, punishable by up to 7 years of imprisonment, and in serious circumstances even more. In practice, the distinction is derived mainly from the length of the absence and the circumstances: long absences are handled as desertion, and military policy sets sentencing levels according to the number of days of absence.
What happens when someone is caught or reports in?
An absent soldier is declared absent without leave, and after a defined period a desertion case is opened against him and he is wanted by the Military Police Criminal Investigation Division. Upon arrest or reporting in, the soldier is brought to trial: short absences usually end in disciplinary proceedings before a judicial officer, and long absences in an indictment before the military court, where confinement and actual imprisonment are imposed. Important to know: proactive, coordinated, and prepared reporting in is significantly easier than arrest, and it is the opportunity to present the circumstances that led to the absence.
The circumstances behind the absence
Behind most absence without leave cases are human circumstances: family financial distress, mental condition, unsuitability for service, medical problems that were not treated. An orderly presentation of the circumstances, accompanied by documents, treatment professionals, and mental health professionals, directly affects the sentence, and sometimes opens a path to ending the service through the appropriate channels instead of imprisonment.
Legal representation
Israel Arama accompanies soldiers and families in absence without leave and desertion cases: coordinating reporting in, representation in disciplinary proceedings and in the military courts, and handling the circumstances that led to the absence. Do not prolong the absence, every day makes the case more severe. Seek advice immediately.
What is the difference between absence without leave and desertion?
The Military Justice Law distinguishes between two offenses: absence without leave, absence from service without authorization, punishable by up to 3 years of imprisonment; and desertion, absence with the intention of not returning to service, punishable by up to 7 years of imprisonment, and in serious circumstances even more. In practice, the distinction is derived mainly from the length of the absence and the circumstances: long absences are handled as desertion, and military policy sets sentencing levels according to the number of days of absence.
What happens when someone is caught or reports in?
An absent soldier is declared absent without leave, and after a defined period a desertion case is opened against him and he is wanted by the Military Police Criminal Investigation Division. Upon arrest or reporting in, the soldier is brought to trial: short absences usually end in disciplinary proceedings before a judicial officer, and long absences in an indictment before the military court, where confinement and actual imprisonment are imposed. Important to know: proactive, coordinated, and prepared reporting in is significantly easier than arrest, and it is the opportunity to present the circumstances that led to the absence.
The circumstances behind the absence — what is important to know?
Behind most absence without leave cases are human circumstances: family financial distress, mental condition, unsuitability for service, medical problems that were not treated. An orderly presentation of the circumstances, accompanied by documents, treatment professionals, and mental health professionals, directly affects the sentence, and sometimes opens a path to ending the service through the appropriate channels instead of imprisonment.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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