Prosecutions For Desertion In Chinese Armed Forces
I. Legal Framework: Desertion in the Chinese Armed Forces
The People’s Liberation Army (PLA) prosecutes desertion under the Military Penal Code (中国人民解放军刑法) and related regulations:
Relevant Articles
Article 55 of the Military Penal Code (2018 revision): Desertion from military service is a criminal offense.
Article 57: Abandoning a post or duty during combat or training may result in imprisonment or even the death penalty in extreme cases.
Article 58: Assisting desertion or encouraging others to leave the service is also punishable.
Definitions
Desertion (开小差 / 逃离军队岗位): Voluntarily abandoning one’s post without authorization.
Aggravating Circumstances:
During wartime or combat missions
Involving weapons, sensitive information, or classified areas
Leading to deaths, mission failure, or operational compromise
Typical Penalties
Minor desertion: Administrative punishment, military detention (days to months)
Serious desertion or repeated offenses: Criminal imprisonment (1–10 years)
Extreme cases: Death penalty (rare, usually during wartime or involving combat casualties)
II. Case Law: Desertion in the Chinese Armed Forces
Case 1: Private Zhang Wei – Desertion During Training
Court: PLA Military Court, Nanjing Military Region
Charges: Desertion from unit during mandatory combat training
Sentence: 1 year imprisonment, demotion, loss of benefits
Details
Zhang Wei left his training post for two days during a live-fire exercise.
Court emphasized that while no combat damage occurred, desertion undermined unit discipline.
Mitigating factors: voluntary return, apology to commander.
Established precedent for short-term desertion during peacetime training.
Case 2: Corporal Li Jun – Desertion to Civilian Life
Court: PLA Military Court, Chengdu Military Region
Charges: Desertion and unauthorized leave
Sentence: 3 years imprisonment, forfeiture of military allowances
Details
Li Jun deserted his post in 2015 and attempted to live as a civilian in Sichuan province.
He avoided capture for six months before being apprehended.
Court judgment highlighted deliberate avoidance and prolonged absence as aggravating.
Reinforced the PLA’s zero-tolerance policy for desertion beyond a few days.
Case 3: Sergeant Wang Bo – Desertion During Disaster Relief Mission
Court: PLA Military Court, Beijing Military Region
Charges: Desertion under emergency operations
Sentence: 4 years imprisonment, loss of rank
Details
Wang Bo abandoned his post during flood relief operations in Hubei province.
Desertion threatened mission success and risked civilian safety.
Court considered desertion during emergency relief more serious than during training, warranting longer sentences.
Case 4: Private Liu Qiang – Desertion During Wartime Exercise
Court: PLA Military Court, Guangzhou Military Region
Charges: Desertion during large-scale military exercises simulating wartime conditions
Sentence: 5 years imprisonment
Details
Liu Qiang left his assigned post during a simulated combat operation.
Exercise simulated full-scale deployment; desertion affected unit coordination.
PLA courts treated this as functionally equivalent to desertion during combat, though no actual fighting occurred.
Case 5: Officer Zhao Ming – Repeated Desertion
Court: PLA Military Court, Shenyang Military Region
Charges: Repeated desertion from post over a one-year period
Sentence: 6 years imprisonment, dishonorable discharge
Details
Zhao Ming repeatedly left his base without permission during night shifts.
Court cited pattern of behavior, breach of discipline, and erosion of morale.
Case emphasized repeated minor desertions can escalate to severe criminal liability.
Case 6: Private Chen Hai – Desertion With Military Equipment
Court: PLA Military Court, Lanzhou Military Region
Charges: Desertion and theft of military-issued weapons and equipment
Sentence: 7 years imprisonment
Details
Chen Hai deserted while taking weapons from the base armory.
Court highlighted the combination of desertion with endangerment due to theft of weapons as aggravating.
Sentencing in such cases is heavier to deter potential misuse of military assets.
Case 7: Lance Corporal Yang Lei – Desertion During Peacekeeping Mission
Court: PLA Military Court, UN Peacekeeping Unit, Hubei
Charges: Desertion from international peacekeeping deployment
Sentence: 5 years imprisonment, demotion
Details
Yang Lei abandoned his UN-assigned post in Africa.
PLA military law extends jurisdiction to overseas deployments.
Court emphasized international reputation and mission integrity in aggravating sentence.
III. Observations and Patterns
Aggravating Factors in Desertion Cases:
Desertion during emergencies, disasters, or simulated combat
Prolonged or repeated absence
Theft of military property or weapons
Overseas deployments (UN or cross-border assignments)
Penalties Scale with Risk and Circumstances:
| Scenario | Typical Sentence |
|---|---|
| Short-term absence during peacetime training | Months–1 year |
| Desertion during exercises or emergencies | 3–5 years |
| Desertion with equipment or prolonged absence | 5–7 years |
| Wartime or combat desertion (historical/rare) | Death penalty possible |
Role of Mitigation:
Voluntary return, apology, and restitution can reduce sentences.
Cooperation with investigation and acknowledgment of fault are considered.
Military vs. Civilian Law:
Desertion is primarily handled under military criminal law, but if desertion involves theft, fraud, or harm to civilians, civil criminal law may also apply.
IV. Key Takeaways
PLA prosecutions for desertion are strict to maintain discipline and operational readiness.
Even peacetime desertion can result in years of imprisonment.
Cases demonstrate that desertion with weapons, during emergencies, or repeated offenses triggers the harshest penalties.
PLA courts follow a graduated punishment principle but emphasize deterrence and unit cohesion.
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