How can soldiers be sentenced if they can't stand being deserters?

Generally, deserters will be forced to perform military service obligations and be fined. However, a soldier who escapes in wartime constitutes a crime of escaping in wartime and is sentenced to fixed-term imprisonment of not more than three years; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Joint disciplinary measures

1. shall not be employed as a civil servant (including staff managed according to the Civil Service Law) or staff of public institutions;

2. Suspension of college degree or above within two years. Those who were originally students of institutions of higher learning will not be registered within two years;

3. Being listed in the library of persons prohibited from leaving the country by law, and not allowed to go abroad (territory) within two years;

4. Do not participate in the selection of labor model, moral model, model of the times, May 1st Labor Medal, May 4th Youth Award, March 8th Red Flag Bearer, Sanqin Model, Sanqin Craftsman and Excellent party member. Those who have won honors shall be revoked;

5. Within two years, it is forbidden to enjoy government policies or subsidies that support economic and social development and serve specific normal goals or tasks, as well as all kinds of financial funds and social security funds with special purposes, and the preferential policies that have been enjoyed are cancelled;

6. In the qualification certification of lawyers, teachers, doctors, certified public accountants, tax agents, certified practitioners, financial practitioners, journalists, tour guides, etc. , according to laws and regulations to be restricted;

7. Incorporate the administrative punishment information of the untrustworthy subject into the basic database of national financial credit information, and financial institutions will take the record of dishonesty as an important reference and strictly examine and approve it when handling personal credit, financing, credit cards and other financial services;

8. For individuals who refuse to perform military service and are returned or removed from the list, the preferential payments for conscripts shall be cancelled, the family preferential payments for conscripts shall be recovered, and the military service department shall impose a fine of twice the family preferential payments for the year when they joined the army;

9. For the recruits who have been removed from the list because of their refusal to perform military service, the military service department will announce the refusal to perform military service and the punishment results to the public according to law;

Pay attention to the permanent word "refusal to perform military service" in the "service column" of the personal account book.

The constitution of the crime of fleeing from the army

1, object element

The object of this crime is the national military service system.

2. Objective factors

This crime objectively shows that the perpetrator violated the military service regulations and carried out the act of fleeing from the army, and the circumstances were serious.

3. Main elements

The subject of this crime is a special subject, that is, active officers, civilian cadres, soldiers and trainees of the Chinese People's Liberation Army and active officers, civilian cadres, soldiers and trainees of the Chinese People's Armed Police Force, as well as reservists and other personnel performing military tasks.

4. Subjective factors

The subjective aspect of this crime is intention, which can only be constituted by direct intention.

Leaving the army means leaving the army to avoid service. There are two basic ways to escape from the army. One way is acting, that is, the actor is in the army and leaves the army without approval. The other is the way of inaction, that is, the actor has left the army after approval, but refuses to return after the deadline. The act of escaping from the army must reach a serious level to constitute this crime.

If the circumstances are serious, it means that the commander or other personnel with important responsibilities flee from the army, instigating many people or coercing others to flee from the army. Those who fled the army while performing important tasks, who did not repent after being disciplined for fleeing the army, who fled the army for a long time and refused to return to the army after education.

Legal basis:

People's Republic of China (PRC) Military Service Law

Fifty-sixth disabled soldiers, soldiers with chronic diseases discharged from active service, by the local people's governments at or above the county level in accordance with the relevant provisions of the State Council and the Central Military Commission; Among them, those who suffer from recurrent chronic diseases and need treatment shall be treated by local medical institutions, and those who have financial difficulties shall be subsidized in accordance with state regulations.

Fifty-seventh citizens who have the obligation to perform military service have one of the following acts, and the people's government at the county level shall order them to make corrections within a time limit; If no correction is made within the time limit, the people's government at the county level shall force them to perform their military service obligations and impose a fine:

(1) Refusing or escaping from military service registration;

(2) Citizens who apply for enlistment refuse or evade active service;

(3) reservists refuse or evade military training, undertake combat readiness tasks, carry out non-war military operations and enlist.

Anyone who commits the acts listed in the second paragraph of the preceding paragraph and refuses to make corrections shall not be employed as a civil servant or a staff member managed by referring to the Civil Service Law of People's Republic of China (PRC), or as a staff member of a state-owned enterprise or institution, and shall not leave the country or return to school within two years, and shall be included in the list of subjects who seriously fail to fulfill their national defense obligations to implement joint punishment.

Article 58 Soldiers who refuse to perform their duties or evade military service shall be punished according to the regulations of the Central Military Commission (CMC).

Soldiers who commit the acts mentioned in the preceding paragraph and are expelled from the army, expelled from the army or investigated for criminal responsibility according to law shall be punished in accordance with the provisions of the second paragraph of Article 57 of this Law; Among them, those who were expelled from the army were fined.

Those who recruit soldiers who knowingly flee from the army shall be ordered by the people's government at the county level to make corrections and be fined.