Table 14: Penalties for refusal of military service

Penalties for refusal of military service
State Relevant Law (and Article Number) Charge; heard in Civilian (C) or Military (M) court? Fine? (maximum) Prison sentences (months): Repeat call-up and penalties Latest known numbers in prison
Albania Military Criminal Code (1995), 16  M Yes, or - up to  24 Yes 14, for six months in 2000.
Armenia Criminal Code 2003 Article 327 prior to 2003: Article 75 Article 255a Article 257a Evasion of  call-up C  Evasion  Desertion  Evasion of duty (after induction) 300 - 500 minimum salariesor - (alternatively up to 2 months  detention) up to 24; 12 to 60(a) 12 to 36 36 to 84(p) 36 to 84 Yes 48 known COs as of February 2006. Many other evaders have been charged.
Austria Military Penal Code     12   none since 1998.
Azerbaijan Criminal Code 321 Criminal Code 334 Evasion Desertion     24(p) 36 to 84(p)   Total of 2611 (2002)
Nagorno-Karabakh Armenian Criminal Code Applies including article 364.1 refusal to perform one's military duties     Yes 3 sentenced in 2005
Belarus Criminal Code (435, 437, 445-7) Non-registration Evasion Yes, or - Yes, or - up to 3 months' administrative detention up to a further 24; up to 84(a)   no cases reported
Bulgaria Criminal Code 361 failure to respond   10 to 18   none since 1998 - all convictions overturned 2002.
Cyprus   refusing reserve service   2 to 15 7 to 11 Yes all cases apparently suspended since 1999
Turkish Republic of North Cyprus Military Penal Code article 39     up to 36   no case reported since 1993
Denmark Civilian Service Act, article 6 (total refusal)   C  Yes, and - equal to length of service required No since 1996 in practice 240 hrs. community service
Eritrea Decree Number 11,  6th November 1991   Yes, and - 24   12 declared COs, all Jehovah's Witnesses; three of them since 1994.
Note: in all, over 1750 members of minority religions are currently detained in Eritrea, many of them in army camps.  Some at least of these are probably in effect conscientious objectors
Finland Civilian Service Act (1723/91), article 26 Military Service Law (19/1998), article 39 failure to report, ceasing to serve or written refusal refusing military service   half the length of unperformed civilian service.   2002: 67 sentenced under Act 1723/91; 9 under 19/98 25 in prison at 1/3/2006.
Georgia Criminal Code, 81 Criminal Code, 82 Criminal Code, 256 refusing call up refusing mobilisation desertion   12 to 36; max 60 (a) 36 to 120 36 to 84 (p)   167 as of September 2002
Abkhazia one reported case, in Dec 2002.  Sentenced to 48 months but released after 4 months.
Germany military arrest for up to 21 days on 4 occasions, followed by prosecution under:
Military Penal Code,  article 109 refusing call up for military or civilian service Yes, or up to 60   In the most recent case (September 2005), a total objector was fined EURO 900 or 90 days in prison.
Other penalties under equivalent articles of the Military Penal Code or (in brackets) the Civilian Service Act, are:
articles 19, 20 (54), article 15 (52), article 16 (53) Disobeying orders Absence without leave Desertion   up to 36 (60a) up to 36 up to 60    
Greece   refusal of military service(unclear whether C or M)   anything up to 48, perhaps even more No (see text) At least 7 sentences (including 5 suspended one of which was over-turned on on appeal) handed down since December 2004.
  M: insubordination, desertion   not clear Yes  
Israel National Defence Service Law, 35a M: general breaches evasion of military service abetting evasion refusal of reserve service other charges: refusal to obey an order; absence without  leave; desertion Yes, or - up to 24 up to 60 up to 24 maximum of 56 days on each occasion Yes At least 9 persons in the course of 2005, typically for 21 days but on up to nine successive occasions
Korea, Republic of Military Service Law (1.88, 4.15) C   up to 36   1174 as of 15th September 2005
Lithuania not known (absolute objectors) Yes and - (latest) 12   February 2004 overturned on appeal
Macedonia, the Former Yugoslav Republic of Law on Defence, article 168 Criminal Code, 341 failure to respond evasion 30000dn, or - up to 2   amnesty announced July 2003
Moldova Penal Code, 7     60 No  
Norway     Yes, and 3 months Yes, but rarely enforced 10 in 2003
Poland   refusal   latest -  6   1 in 1998
Romania Criminal Code, article 354 evasion failure to report (M) 500000 - 3m lei 12  to 60   29 charged in 2000 none since
Russian Federation Criminal Code,   Yes, or - up to    24 No reports
article 328.1 desertion   up to    84    
article 336 collective desertion or desertion during armed conflict   up to  120    
Singapore Armed Forces Act     15 Yes - 24 months added on second occasion Total of 20 Jehovah's Witnesses as at end 2004.
  refusing reserve service   40 days Yes - 12 months on third occasion  
Taiwan       36    
Turkey Military Penal Code, article 12 evading enlistment ( bakaya ) failure to respond ( Yoklama kaçaði ) usually, in first instance 36 Yes 2000 About 80 declared COs who are subject to arrest and imprisonment. At least 5 detained during 2005
Turkmenistan Criminal Code article 219.1   alternative to prison is: corrective labour 24    
USA Military Selective Service Act offences under the Act $250,000 and/or:  - 60    
Yemen failure to report desertion / evasion     24 36    

Notes: - with aggravating circumstances (p) - in peacetime