The killing of an animal alone cannot serve as a sign of a crime, otherwise all cases of slaughter of livestock or poultry would have to be included in it. Which explains the number of clauses present in Art. 245 of the Criminal Code on cruelty committed against animals. The absence of at least one of the conditions leads to the impossibility of punishing the violator. As a result, many cases of abuse of pets remain without retribution. This circumstance indicates the shortcomings of the existing regulatory act.
Features of the crime
The protection of animals from cruelty is recognized internationally. According to European conventions in this area, a person has a moral duty to his smaller brothers, he is obliged to treat them humanely, not cause suffering, and protect their health. Russian legislation also prohibits cruelty to animals.
These crimes are distinguished by the fact that the “victims” are animals who themselves cannot complain about inappropriate behavior towards them to the police. Law enforcement agencies are usually reported by concerned passers-by, neighbors in the house, or on the landing. It is difficult to prove the commission of such a crime without the presence of video materials, so cases under Article 245 of the Criminal Code were rarely initiated and reached the court.
Interesting! Some of the first regulations known to mankind to protect animals from cruelty were published in Japan in the 17th century and were aimed at protecting horses, dogs, cats, cows, turtles and other living creatures. The punishment for bullying was severe, including the death penalty. Download for viewing and printing:
Article 245 of the Criminal Code of the Russian Federation dated June 13, 1996 N 63-FZ (as amended on February 19, 2018)
Concept and characteristics
Abuse means the following actions (or inaction):
- intentionally aimed at causing pain and suffering to an animal (torture, beatings, suffocation, drowning, keeping without food and water);
- from hooliganism (beatings filmed on video; pitting animals);
- out of selfish interest (for example, in order to obtain fur for sale, they skin a living animal; they organize animal fights with the acceptance of monetary bets).
Similar actions may also include:
- the use of animals in unscientific or scientific experiments causing unnecessary suffering;
- organizing competitions during which animals (for example, dogs) are pitted against each other, which leads to the death or injury of one of them;
- training that causes suffering.
Composition of the crime and legal norms
Administrative responsibility for inappropriate treatment of pets is established by the constituent entities of the Russian Federation independently.
Criminal punishment for cruelty to animals is provided for in Article 245 of the Criminal Code of the Russian Federation. The subject of an unlawful act is a citizen who has reached the age of sixteen.
The subjective side is characterized by the direct or indirect intent of the criminal. This means that the person knows about the occurrence of negative consequences and desires their occurrence or allows negative consequences to occur.
The objects are wild and domestic animals, as well as stray animals, which are the target of the criminal’s illegal actions.
The objective side is cruel treatment.
This crime is considered completed when death or injury occurs. If the unlawful act is not completed due to factors beyond the control of the criminal (for example, passers-by interfered with him), then we will talk about liability for attempted cruelty.
Question of self-defense: if an animal attacks
In such cases, the situation itself and all the circumstances surrounding it are very important. For example, an attack by an ordinary yard dog, which may also be unhealthy, differs sharply from the case when a citizen entered the territory of a border post and met with a service guard dog.
In the first case, the use of the necessary self-defense tactics will be completely objective. You can defend yourself using any available means, especially if you notice that the dog is sick.
Reference. There will be no crime here, since this will be considered a completely legal use of self-defense.
In the second option, you should not try to harm a shepherd dog specially trained to detain offenders. Better curl up and cover your head and face. The dog will react if you try to run away, but not when you are lying motionless on the ground.
If you try to injure a service dog, then you yourself will suffer, and you will also remain guilty of the incident.
Administrative responsibility
To date, there are no administrative articles for cruelty to animals at the federal level.
Each region solves this problem independently. For example, in Moscow, for cruelty to animals without signs of a crime, a fine is imposed on the culprit.
The amount depends on the subject of the offense:
- a private person will pay up to 2,500 rubles;
- official - up to 5,000 rubles;
- legal - up to 20,000 rubles.
According to the administrative law of St. Petersburg, the same actions will result in the following punishment in the form of a fine:
- for citizens - 5,000 rubles;
- for officials - up to 15,000 rubles;
- for an organization - up to 100,000 rubles.
In the Chuvash Republic, administrative punishment in the form of a fine from 1,500 rubles to 20,000 rubles (depending on the subject of the offense) occurs for the destruction and damage of rare species of animals.
Similar actions will result in liability under the Law of the Republic of Crimea on Administrative Offences.
Thus, the amount of administrative punishment depends entirely on the region in which it was committed.
The Question of Chance and Humanism
It is not uncommon for a car owner to accidentally run into an animal running onto the road. Here you should behave carefully and first check whether he has a collar. If so, then this is someone's pet, which means it is recommended to contact its owner (sometimes the owner's coordinates are also indicated on the collars).
If the animal is simply injured, then it is best to take it to the nearest veterinary clinic. You should not finish him off or use any violent actions against him. Even if we put ethical considerations aside, we should remember that animals without a collar can turn out to be someone’s pets.
Let's say a cat or dog turns out to be dead. Then you need to take rubber gloves, pack them in a garbage bag and take them to the veterinary station.
The situation is completely different in cases with wild animals. The first thing you should not do is leave the scene of the accident. Do not do this under any circumstances. After all, the dead animal may turn out to be a rare breed or owned by the state. Immediately call the traffic police and report all the details of the incident. If this condition is not met, it will be considered as leaving the scene of an accident, and for this, your license will be taken away for 1–1.5 years or you will be arrested for 15 days.
Do not forget that there will be dents or any other damage on the car, as well as traces of blood, because of which the traffic police and the police may have questions about you.
If you take a wild animal into your trunk, and the traffic police stops you on the way, then you may face a fine of 200,000 rubles, and you will be tried under Art. 258 (illegal hunting).
Therefore, wait for the arrival of the traffic police. You will probably be fined, but you will avoid the much more serious consequences of such accidents. The size of the fine depends on the specific animal you hit. A bighorn sheep, elk, deer or bear will cost you 30,000–90,000 rubles . For a wild boar, badger or sable you will have to pay 5,000–15,000 rubles . A fox, wolf, squirrel or hare will cost from 100 to 500 rubles.
Criminal liability under Article 245 of the Criminal Code of the Russian Federation
The article under which punishment for cruelty to animals is applied in Russia consists of two parts:
- Committing actions that resulted in the death or injury of an animal, including out of selfish interest or for hooligan motives.
- The same actions with the same consequences, but completed:
- a group of persons, an organized group or a group of persons who have previously agreed;
- in the presence of a child (children) under 14 years of age;
- sadistic methods;
- advertising their criminal actions in the media or communication networks, including the Internet;
- in relation to more than one animal.
The maximum penalty for the first part will be imprisonment for up to three years. According to the second - from three to five years in captivity.
Important! Criminal liability will arise only in the event of the death of an animal or injury to it.
Changes in legislation
Over the years, the question of toughening punishment for the torture of animals, their death and serious injuries inflicted by soulless people has periodically arisen.
As noted above, administrative responsibility for animal husbandry has not yet appeared at the federal level. The main legislative initiative is based on the introduction of a corresponding article into the existing Code of Administrative Offenses of the Russian Federation.
As for the Criminal Code of the Russian Federation, as of December 31, 2017, Article 245 was finally amended. Qualifying features (presence of a minor under 14 years of age, sadistic methods, demonstration of cruelty in the media and the Internet, commission of a crime against more than one animal) were included in part two. The punishment has been toughened. According to the first part, imprisonment appeared, according to the second it increased from two to five years.
This is important because big things always start small. Many cruel criminals began their journey into crime precisely by abusing and killing animals, feeling impunity and permissiveness.
Interesting! Often the first victims of serial killers were defenseless animals. Maniac Slivko A.E. bred rabbits, which he killed and dismembered. Serial killer V.S. Kulik mocked cats by hanging them. The cannibal M. Malyshev killed stray animals and ate them, then began to hunt people.
Tortured her mother-in-law's cat to death to take revenge on her
This is part of the title of one of the videos on the "Emergency Call 112" channel on YouTube that I came across today. The full title of this video is: “I tortured my mother-in-law’s cat to death to take revenge on her | NOT FOR THE FAINT OF HEART". I’ll say right away that my nerves are fine, but I couldn’t watch this video the first time, and when I watched it I often turned away. I was very hurt in my soul, I didn’t understand at all how this could be done to a cat...
For all obvious reasons, I will not attach this video here. You can watch it yourself, the title is there. But I’ll warn you right away that it’s really not for the faint of heart, children shouldn’t see this at all, strictly 18+. It’s simply unrealistic to watch, everything turns upside down inside.
The flayers (a married couple) who abused the poor cat posted videos of the abuse online. The height of cynicism! They stole the cat from their close relative. Animal rights activists found the flayers, but it was too late. The cat was already dead. The knacker herself says that the cat was abused for a week before he died. A week! I can't wrap my head around it! In the video fragments that are inserted into the news, the flayer tells in a calm voice exactly how she abused the animal...
As it turned out, this knacker is registered with the PND. And more than once she threatened the woman herself. The reason for everything, as the news says, is the apartment in which a woman lives, a relative of these nonhumans and the owner of the cat.
The social psychologist said that such people (and in my opinion, they can only be called non-humans) need to be protected from living beings and living people... The specialist also believes that treatment is only possible with medication.
According to a relative, the flayer regularly consumed alcohol and illegal substances.
The monsters were transported from Arkhangelsk to Severodvinsk for questioning by the police. According to the head of the OIiOS Department of the Ministry of Internal Affairs of the Russian Federation for the Arkhangelsk Region, work with flayers continues, the remains of the dead animal have been sent for examination... Upon completion of all verification activities, a procedural decision will be made.
It turns out that these non-humans have a six-year-old daughter. They also stated that they were taking revenge for some childhood injuries to the child... It cannot be ruled out that the child could have seen the animal being abused. A criminal case has been initiated...
Commentary to Art. 245 of the Criminal Code of the Russian Federation
For cruel treatment of smaller brothers, you can pay a criminal fine, receive compulsory or correctional labor, arrest or restriction of freedom, or even end up behind bars for a decent period only if the actions of the attacker lead to the death of the injured living being or cause serious injury to him.
For qualified personnel, it is also necessary to have one or more of the following characteristics:
- hooligan motive;
- selfish interest;
- presence of a minor under 14 years of age;
- committing torture using a sadistic method;
- posting your “exploits” on various communication networks and publication in the media;
- committing illegal actions against 2 or more living beings.
Important!
Specifically, according to this article of the Criminal Code of the Russian Federation, animals mean higher vertebrates - birds and mammals that live freely in nature or are kept by people. This does not include fish, reptiles, or invertebrates. It is mandatory to establish a causal link between the ill-treatment and the resulting consequences in the form of death or injury.
Committing a crime with hooligan motives means that the offender clearly shows disrespect for others, generally accepted behavior and the rule of law and sets himself in opposition to society and the law.
Sadistic methods are understood as such actions that cause special suffering to the animal (suffocation, burning, dismemberment, etc.).
Important! If someone else’s pet was deliberately destroyed, then criminal liability will arise not only under the commented one, but also under Article 167 of the Criminal Code of the Russian Federation. Since, according to the Civil Code of the Russian Federation, pets are regarded as a thing (property).
How to prove the absence of abuse or murder
If you have a DVR installed in your car, then the recording from it may be irrefutable evidence that you did not want the death of the animal.
Testimony from people passing by or those who were in the driver’s car at the time can help. If video cameras are installed on the street, then recordings from them will also help in establishing the truth.
Let's say you take your animal to the vet. Then be sure to get a certificate from him about his condition and the wounds that were discovered. If he had to be euthanized, then also take a document confirming that this was necessary and that this was done solely for objective purposes.
