If a reservist refuses or evades conscription or military training in wartime and is suspected of one of the following circumstances, a case shall be filed for prosecution: (1) Refusing or evading conscription or military training without justified reasons after education; （2） Refusing or evading conscription or military training by means of violence, threat, deception, or self injury or self mutilation; （3） Contacting or inciting others to jointly refuse or evade recruitment or military training; （4） Other serious circumstances.
Legal basis:
Article 95 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Criteria for the Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (I), if a reservist refuses or evades recruitment or military training in wartime and is suspected of one of the following circumstances, he shall be placed on file for prosecution: (I) refuses or evades recruitment or military training without justified reasons after education; （2） Refusing or evading conscription or military training by means of violence, threat, deception, or self injury or self mutilation; （3） Contacting or inciting others to jointly refuse or evade recruitment or military training; （4） Other serious circumstances.
