We often see tactless or even manipulative headlines in the media claiming that “a veteran committed such-and-such crime.” However, there are no specific crimes committed exclusively by veterans in civilian life. It is impossible to separate criminal offenses committed by veterans from those committed by non-veterans. Based on practices in the United States and other countries, we can conclude that the criminal situation in a country is influenced by war. First and foremost, it alters the psyche of people who directly participate in it.
In the information space, increasing attention is being paid to the issue of post-traumatic stress disorder (PTSD), which arises in a person as a reaction to a traumatic event. Combatants, during their involvement in the war, experience multiple traumatic situations. This leads to PTSD or other psychological traumas in a certain percentage of veterans, which affect their ability to understand the consequences of their actions and control them. However, the majority of these individuals are not dangerous to society and, under no circumstances, require involuntary treatment.
Looking at the situation in the United States following the Vietnam War, we can conclude that a certain percentage of criminal offenses committed by veterans is influenced by PTSD. To address this issue, a special program was created — veteran courts, as a separate institution of therapeutic justice.
This program is designed to identify veterans with PTSD or other psychological traumas, determine the root causes of criminal behavior, and offer treatment and rehabilitation on a voluntary basis. In other words, it aims to prevent further crimes without punishment.
In Ukraine, if we analyze the Unified State Register of Court Decisions using the search term “Post-Traumatic Stress Disorder,” we find over two hundred rulings in criminal cases. About a fifth of them date back to before January 1, 2014. This confirms that the impact of PTSD on societal processes is growing with the increasing number of people who have developed this disorder due to Russian aggression.
If PTSD results from defending Ukraine’s sovereignty and independence, the state should ensure effective rehabilitation and reintegration of these individuals.
Returning to judicial practice, an analysis of specific cases leads to the following conclusions:
- Sometimes courts briefly mention the influence of PTSD or treat it as a “strategy” of the defense.
- There are instances where courts impose stricter punishments, disregarding the defense’s references to the presence of PTSD.
- Courts also take PTSD into account as a mitigating circumstance, imposing medical measures or softer penalties.
Considering the veteran’s contribution, it is important to understand that psychological state affects behavior and can lead to unconscious criminal actions.
However, currently, courts lack consistent approaches to recognizing the significance of this issue and ensuring a balance between punishment and the rehabilitation of individuals who have committed criminal acts under the psychological effects of combat participation.
To ensure fair trials for veterans, a separate judicial and rehabilitation procedure should be introduced in criminal cases. This procedure should only be applied under certain conditions and with strict oversight. The issue is currently being studied by the public organization “Legal Hundred”as part of the project “Analysis of the possibility of implementing Veteran Courts in Ukraine,” supported by the “Justice for all” program, funded by the U.S. Agency for International Development (USAID).
Of course, we cannot predict its application in cases of particularly serious crimes, as there must be a balance between protecting the interests of victims and the severity of the crime. Nevertheless, there are a number of criminal offenses that, under such conditions, do not pose a significant danger to society. Therefore, for these cases, the possibility of using the therapeutic justice institution should be provided.
Additionally, with the full-scale aggression from russia and ongoing general mobilization, the number of people directly involved in combat actions is steadily increasing.
This potentially leads to an increase in PTSD and other psychological disorders, which can influence behavior (including socially dangerous actions). Courts should take into account the traumatic experiences and psychological needs of the veteran defendant to ensure primarily the provision of necessary help and rehabilitation, and only then the fulfillment of the punitive function of criminal law.
Specialized knowledge and understanding of the specifics of military service and combat actions are essential elements when examining criminal cases involving military personnel and veterans.
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Veterans often encounter legal challenges after their service - not because of crimes, but due to the psychological trauma left by the war. Lesia Kliarovska, Senior Project and Program Manager, discusses why courts should take PTSD into account as a factor that can alter behavior and the importance of creating a process that supports rather than merely punishes.