Russian Officer Sent On Trial For Failure Of Air Defence In Belgorod Region

This is the first case in the history of the war.

For the first time in modern history, a criminal case has been filed against a Russian officer for failing to prevent "an attack from Ukraine", Kommersant writes, citing sources close to the investigation.

According to them, the case under Part 2 of Article 340 of the Criminal Code (violation of combat duty resulting in grave consequences; up to ten years in prison), was opened last spring after a missile attack on Belgorod Region by the Ukrainian Armed Forces.

According to the investigation, the officer, who was on combat duty, failed to prevent the attack by the AFU, which resulted in seven deaths and 43 injuries and contusions. Fifteen pieces of hardware were also destroyed and another 30 damaged. The total damage from the loss of equipment alone amounted to 89m roubles.

Investigators of the 1st division of the military investigative directorate of the Investigative Committee of the Western District believe that the attack was possible because of insufficient air cover in the border area by air defense means. At the same time, the officer had "all the possibilities to prevent an attack by the Armed Forces".

The investigation believes that the defendant in the criminal case not only made a personal mistake but also made serious miscalculations in the organization of the combat service of the unit he was entrusted with, the sources said. In this regard, in addition to Article 340 of the Criminal Code, the indictment brought against him also includes part 3 of Article 286 of the Criminal Code, which provides for responsibility for abuse of authority and also provides for up to 10 years in prison.

The defendant has been in custody since May 2022. His preventive measure was selected and prolonged by the garrison military court in Kursk, which has jurisdiction over the military units in Belgorod Region. Since last December, the accused has been kept in a pre-trial detention centre in St Petersburg.

The officer does not plead guilty and regularly appeals against the chosen measure of restraint in the 1st and 2nd Western District Military Courts.

Earlier it became known that the Supreme Court of Russia was preparing recommendations to courts on crimes committed against military service, including Article 340 of the Criminal Code. The draft decree of the Supreme Court's plenum states that grave consequences should include, among other things, loss of life, the breaking of an air defence system and the very fact of failing to prevent an attack.