A state prosecutor from Prague 4 has discontinued the criminal prosecution of a man who went to fight in the Ukrainian army in March 2022 without the permission of the President of the Republic. The decision became public on 4 October 2026. The discontinuation is still subject to review by the Supreme Public Prosecutor, who may order the prosecution to continue.[1][2]
Background of the case
Serving in foreign armed forces without the president's consent is a criminal offence. The then president, Miloš Zeman nevertheless promised volunteers an amnesty. The man applied for permission; the reply came in July and was negative because he had previously been convicted by a final judgment. After a year-long investigation, the police charged him.[1][2] According to Seznam Zprávy, Zeman's ban was based on a position of the Ministry of the Interior.[2]
Reasoning
In the reasoning, the state prosecutor stated that the accused did not join the army of a distant state but of a country a few hours' drive from the Czech Republic, and that he served at a time that was crucial for halting the Russian advance into Ukrainian territory.[1] He noted that the earlier conviction had been expunged many years ago and that the man relied on his service being legalised later by the president's consent or by the promised amnesty.[1][2] According to Seznam Zprávy, the man wrote to Zeman that Russia had committed violence on Czech territory as well, by which he meant the explosions at the ammunition depot in Vrbětice, and the prosecutor counted this motive in his favour.[2] According to the prosecutor, the conduct is not sufficiently harmful to society.[2]
The state prosecutor wrote: “The defence of Ukraine can quite legitimately be seen as the defence of an attacked country against the advance of autocratic and anti-democratic forces closer to our borders, and thus in a certain way also a forward defence of the Czech Republic itself as a democratic state governed by the rule of law.”[1]
Legal framework and reactions
Czech citizens may not serve in a foreign army, except in cases such as fighting alongside a state providing common defence when the Czech Republic is attacked. If they want to join a foreign army, they ask the president for an exemption. Those who joined the Ukrainian forces without one can apply retroactively for an amnesty, which is countersigned by the prime minister.[2]
The man was represented by Senator Václav Láska, who said he is the eighth person he has defended against prosecution for service in the Ukrainian army.[1] According to the server iRozhlas, which cites Seznam Zprávy, this is the first such decision.[2]
Chronology
- — The public prosecutor discontinued the criminal prosecution of a man who joined the Ukrainian army without the president's permission, reasoning that the defence of Ukraine also constitutes a forward defence of the Czech Republic. iROZHLAS Novinky.cz
Sources
- Novinky.cz — 4 October 2026
- Seznam Zprávy — 4 October 2026