Cruelty to animals: article, punishment for bullying

From time to time, the media covers shocking stories related to cruel abuse of animals. Such cases always attract the attention of not only animal rights activists, but also ordinary citizens. People are outraged by the extreme level of cruelty towards helpless four-legged friends.

Every year thousands of appeals to law enforcement agencies, letters to television programs are recorded, active participation in movements against violence, etc. is promoted. At the same time, the punishment for intentionally causing pain to pets remains so insignificant that it does not stop flayers, who continue to break the law even after a conviction. What article can be applied for cruelty to animals and what punishment can be imposed on the perpetrator?

Administrative liability for cruelty to animals

Responsibility for cruelty towards representatives of the animal world is prescribed in the Code of Administrative Offenses of the Russian Federation and some regional codes of administrative offenses. For example:

1. 
   In Moscow, for injury or death of an animal/animals as a result of baiting, the instigator of such a “performance” faces a fine of 4,000 to 5,000 rubles. A similar punishment is provided for injury/death of an animal as a result of other illegal acts.

2. In the Northern capital, for transporting animals that worsens their health, as well as for deliberately depriving our smaller brothers of food or drink, a fine of up to 5,000 for individuals and up to 100,000 rubles for legal entities is imposed. The same punishment faces those who conduct experiments on animals that cause pain, maim or kill them.
3. In Nizhny Novgorod, since 2015, administrative punishment has been provided in the form of a fine from 5,000 (individuals) to 40,000 rubles (legal entities) for cutting the tails and ears of pets, removing fangs and claws without veterinary intervention.
4. The Primorsky Code of Administrative Offenses provides for serious penalties for catching, keeping, and breeding animals for the purpose of killing and subsequent use (wherever) of their organs. It is also prohibited to train some pets to attack others.
5. And in Kuban, all pets must be microchipped, and only one owner must be listed as the owner of each of them, from whom they are responsible for the proper care and safe maintenance of the ward.

However, in many regions there is no “own” punishment for cruelty to animals. True, this does not mean that flayers can do whatever they want without fear of responsibility. The Criminal Code of the Russian Federation can always come into play.

Changes in legislation

After the adoption of the Law “On the Humane Treatment of Animals,” changes were made not only to the Administrative Code at the regional level, but to local laws. According to Article 4, animals must be treated as beings capable of experiencing pain, physical suffering and emotions. The law recognizes the right of pets to life and prohibits cruel killing, torture and keeping them in unsanitary conditions.

The state is gradually introducing a set of measures aimed at instilling in the citizens of the country a correct, humane attitude and sympathy for their smaller brothers. Dog and cockfighting and the distribution of content containing the killing of animals are prohibited.

Note! Microchipping pets is one of the measures that will help track the location of the animal, as well as prevent intentional abandonment on the street. You can only relieve yourself of responsibility for the fate of an animal by transferring it to another owner or shelter. The measure of liability for leaving unattended is established independently in the regional Code of Administrative Offenses.

The introduction of the position of animal welfare inspector is another innovation. It is not clear who exactly will be responsible for organizing the service and who will finance it. The inspector's supposed range of powers is wide - from recording violations to educational activities and monitoring shelters.

Criminal liability under Article 245 of the Criminal Code of the Russian Federation

Article 245, which provides criminal penalties for cruelty to animals, has not undergone major changes for a very long time. Perhaps only twice - since the adoption of the last code - has the punishment been (slightly) increased under this article.

Article 245 has 2 parts:

1. The first involves bringing one person to justice, the second - a group of people. The first provides for punishment in the form of a fine of up to 80,000 rubles or correctional labor for up to 1 year, or restriction of freedom for up to 1 year. In 2010, 180 hours of compulsory labor were added to the list of punishments for this part, which in 2011 “turned” into 360 hours.
2. For the second part, the punishment is, naturally, more severe. A fine of 300,000 rubles or imprisonment for up to 2 years. Also in 2010, mandatory work was added (up to 240 hours).

Important: liability under Article 245 is provided only in cases of injury or death of an animal/animals and in the mandatory presence of at least one of the following signs:

• hooligan motive;
• use of sadistic methods;
• committing a crime in front of minors;
• selfish goals.

It is obvious that the current law is imperfect, since flayers can be prosecuted under the existing article only in cases of injury or death of animals.

Example: an adult flayer Ivanov, in front of young schoolchildren, slowly drowned a cat in a bucket, periodically beating the animal for scratching. This subhuman can only be judged by Article 245 if the cat dies, unable to withstand the abuse. If, with the last of his strength, the unfortunate animal breaks free and runs away, the sadist will remain unpunished.

Situations where animal torturers escape even a meager punishment are not uncommon. And it is precisely this state of affairs that prompted animal rights activists, ordinary people and concerned government officials to introduce draft amendments to the current Criminal Code in order to toughen penalties under Article 245 and supplement its composition with other, no less terrible than murder and mutilation, illegal acts against animals.

How to properly file a police report about animal cruelty

If you have witnessed animal cruelty and are committed to seeking justice under the law, you need to have an understanding of how to properly file a report with law enforcement and what you may be up against.

Remember that the police are extremely reluctant to accept statements from citizens for a wide range of crimes (theft, rape, missing people, etc.). Naturally, this list also includes cruelty to animals. Police officers will dissuade you from filing an application and mislead you about your rights and existing legal norms. This is not difficult to overcome. Read the instructions below. But, even if the application is accepted, the initiation of a criminal case may be refused. However, this too can be overcome. Read the instructions again. As a result, with some persistence, you can either punish the criminal according to the law, or at least intimidate him. Remember that there have already been precedents in animal cruelty cases.

Please note that cruelty to animals, due to some ambiguity in the Russian Criminal Code, can be associated with several articles of the Criminal Code: Article 245 (“Cruelty to animals”). Full article and commentary.

Article 213 (“Hooliganism”). If the animal belongs to you personally and you can confirm this, then the crime can be classified in the same way as destruction and damage to property. Animals are also considered property in the Criminal Code.

Article 167 (“Intentional damage or destruction of property”). Animals in our country are considered property, so if you have a passport for an animal, be sure to indicate this item in the application. This article also contains mention of animal poisoning. If there are facts about poisoning of animals with bait, also bring in the possibility of poisoning children and so on.

Article 119 (“Threat of murder or infliction of grievous bodily harm”). The threat provided for in Article 119 of the Criminal Code must be manifested externally in any form understandable to the victim and other persons: orally, in writing, by telephone, fax, telegraph or other means; it must threaten to kill or cause grievous bodily harm. The threat can be expressed directly to the victim, his relatives, transmitted through neighbors or acquaintances, or even addressed to him in a public speech.

Article 241 of the Civil Code (“Redemption of domestic animals if they are mistreated”). In cases where the owner of domestic animals treats them in clear contradiction with the rules established by law and the norms of humane treatment of animals accepted in society, these animals can be seized from the owner by buying them out by a person who has submitted a corresponding demand to the court. The ransom price is determined by agreement of the parties, and in case of a dispute, by the court.

When shooting it is possible to use:

Article 222 (“Illegal acquisition, transfer, sale, storage, transportation or carrying of weapons, ammunition, explosives and explosive devices”).

1. Illegal acquisition, transfer, sale, storage, transportation or carrying of firearms, ammunition, explosives or explosive devices...

If you have any doubts about how exactly to classify the actions of a criminal, include in your application a mention of all of the specified articles. Typical excuses from the police when refusing to register a statement:

“We will not take a statement because there is not enough information in the information about the incident” - in fact, the police department (prosecutor’s office) does not have the right to ignore any report of a crime. This is a violation. Such a refusal is regarded by the Criminal Code (Article 285) as a crime, and a police officer who does not accept the application faces punishment up to imprisonment.

“We will not take a statement because the crime happened a long time ago and not here” - information about crimes is accepted regardless of the place and time of their commission.

“We will not accept the application because you do not have a passport or registration in this area” - they lie again. You are required to take it even if you are a citizen of another country or have no citizenship at all.

It is also necessary to write in the application that it was submitted in accordance with Articles 140,141 and 144 of the Code of Criminal Procedure of the Russian Federation, which means, in short, that when reporting a crime to the police, they do not have the right to refuse to accept the application. These two magical articles indicated in the application will save you a lot of time and nerves, and will relieve police officers from the temptation to refuse you (source).

The application is drawn up as follows:

1. The application is written (or better yet, printed on a computer and then printed out) on a standard sheet of A4 paper in two copies. Avoid making oral statements to the police and recording them on the spot. This is allowed by law, but if you have time, it is better to prepare everything in advance. The application can also be sent by registered mail. Remember, anonymous letters will not be considered.
2. On the left side of the sheet, make an indent of 3-4 cm, since your application will be filed in a folder.
3. In the upper right corner of the first sheet it is indicated to whom the application is addressed (the head of the police department or the prosecutor) indicating the position and rank. If the full name, position and title of the required person is unknown to you, then you can call or go to the office of the police department or prosecutor’s office; Please indicate below your full name, address (registration and actual), telephone number where you can be contacted.
4. Stepping back 5–10 centimeters, write the word “statement” in large letters.
5. Next, outline the essence of your application. The application should not exceed (preferably) a couple of pages and should be written in accessible language. Do not use phrases from the series “it seems to me”, “most likely”, etc. You must be firmly confident in what you are writing. When formulating what exactly happened, it’s a good idea to use the help of the Criminal Code of the Russian Federation (indicating the articles and characteristics of the articles). This will facilitate the legal assessment of the offense by the person considering the application.
6. Below you indicate the evidence with which you can confirm what you just wrote about. If your evidence includes documents, submit copies of them. Then in the text describing the evidence, write this: a copy of a document confirming a certain fact is presented.
7. Request to prosecute the specified citizen (group of citizens)
8. Please notify us of your decision within the time limits established by law.
9. A date is placed under the text of the application, then a signature. If fortune smiles on you and you have witnesses (very good if there are two), then after your signature each of them writes: “I fully confirm all of the above,” indicates the full name, address, telephone number, date and signs. Be confident in your witnesses.
10. After all this, with two copies of the application, you go to the department or to an appointment with the prosecutor (depending on who you wrote to, of course) at your place of residence or at the place where the act was committed. When your application is accepted, it must be registered. That is, it is entered into the registration journal and must be assigned an incoming number (!). In appearance, the journal usually resembles a barn book with corresponding columns (take a look at what is written there out of the corner of your eye); if they try to “register” the statement in something else (some kind of notepad, for example), then don’t believe it - they are trying to deceive you. Upon receipt of a statement or message about a crime, the applicant is given a notification coupon, and is also informed of the registration number and date of registration of the statement or message made by him. Don't forget to take all this with you! When the police officer (prosecutor's office) begins to register your application in the journal, bring out into the light of day the second copy of your application (required!) and politely ask to put on it the incoming application number, time of registration, position and full name of the person receiving you have a statement. They have no right to refuse you.
11. If the application contains information about a crime committed by police officers, then, naturally, it must be submitted to the prosecutor's office. However, it is better to immediately submit any application to the prosecutor's office.

Read Article 109 of the Code of Criminal Procedure (“Obligation to consider statements and reports of a crime”), and pay special attention to paragraph 3 of part 3 of this article: the decision to transfer according to jurisdiction or jurisdiction means that if you brought your statement to the wrong investigative body, to which it should have been, then the application still MUST first be accepted, and then independently (and not sending you in an unknown direction) transferred according to jurisdiction or jurisdiction. After your application is accepted, within 3 to 10 days (!) one of three decisions is made on it: to initiate a criminal case; about refusal to initiate; on the transfer of an application under jurisdiction or jurisdiction. The applicant, that is, you, is informed about the decision made. If the police refused to accept a statement from you or you were refused to initiate a criminal case, then write a complaint and a second application with a request to initiate a criminal case, but to the prosecutor’s office (!). SAMPLE APPLICATION To the Head of __________________________ District Department of Internal Affairs ______________________________________________, (indicate special rank, surname and initials) _____________________________________________, (your full name, year of birth) _____________________________________________, (place of residence and registration, tel.) _____________________________________________, (place of work, position, tel.) STATEMENT On such and such a month of the year, I witnessed cruel treatment of an animal. The events took place at such and such a time in such and such a place - indicate everything exactly. Citizen N (if there were several of them, then the sanctions are harsher) - indicate full name and address - abused an animal

• in the presence of children (this is very important for toughening the punishment)
• in a particularly sadistic way (important for increasing punishment)

Next, describe what you know and saw in a couple of paragraphs. You indicate that, according to your information (be prepared to confirm), this has happened before - a repeated crime is punished more harshly. You indicate that you were threatened when trying to stop the crime. Find out whether it is possible to initiate a case on this fact separately. Witnesses to the crime who were ready to confirm the facts were: indicate your witnesses with full names, addresses, and passport details. They must also sign this statement. I ask you to take measures to detain these persons and initiate a criminal case under Article 245 of the Criminal Code of the Russian Federation “On Cruelty to Animals.” If there are indications of other articles, include them all. Warned of liability under Article 306 of the Criminal Code of the Russian Federation for knowingly false denunciation - be prepared to confirm all your evidence. DATE SIGNATURE SIGNATURES OF WITNESSES

(Express your thoughts clearly and convincingly, avoiding the phrases “It seems to me”, “Perhaps”, etc. The statement should not be long - two pages and no more.)

Ways to convince a police officer to register statements as required by law:

Demand from the police officer who refuses you an identification (generally speaking, this should be your first step in the police - write down the details of the person with whom you are communicating). Copy down all the data and threaten him with active action - from a complaint to his immediate superior to the prosecutor's office. Act - a bureaucrat was born by paper and can only perish from paper. Remember - they are not afraid of anything else, they do not feel, they do not understand.

Request a written explanation of the reason for refusing to accept the application. A police officer would be an idiot if he wrote such a paper, but you should try to ask. With a paper and a complaint to the prosecutor's office. In theory, the police authorities in this case will punish the culprit in an exemplary manner.

Take a voice recorder with you. Film is better than digital, but to scare, any will do. Next: demonstratively include it with a request to explain why your application is being denied.

Take with you witnesses, friends, acquaintances, relatives who can provide you with moral support and confirm, if necessary, illegal actions of the police.

Bring a local newspaper or television journalist with you (call the newspaper and make an arrangement). For them, this will be a journalistic investigation into a case of cruelty to animals, illegal actions of the police, and hot news for publication. A police officer, sensing polite attention from the press, will be just as polite and courteous. Get your local humane society involved. Perhaps they had experience in matters of this kind.

If your options are not limited by a tight budget, hire a lawyer and go with it. By law, a lawyer can represent you at all stages of the case.

What to do if they still refuse to take your application:

If you are unable to convince the police officer to accept the statement, do not back down. Try to get through to the police authorities. If this fails, you can act in other ways. Call 02, the helpline, or your own security service and complain about a specific police officer.

Track progress on your complaint. The call center will take control of the call and oblige an employee to respond to the application, regardless of the reason for which you are calling.

If you still do not trust the police authorities, do not believe that they will force their subordinates to look into your application, contact the prosecutor’s office, whose responsibilities include oversight of the actions of police officers. The prosecutor on duty is obliged to accept your complaint about the unlawful actions of a police officer and will respond within the established time frame: up to 10 days. If a documentary verification is required, the law allows 30 days for such a response (plus time for delivery of the letter). If the decision of the prosecutor’s office does not suit you in any way, complain further, progressively, to the regional prosecutor’s office, the prosecutor general’s office. Or go to court.

If within three days (in exceptional cases 10 days) from the date of filing the application no decision was made or you do not agree with the answer, then you can appeal the actions of the investigator to higher authorities, contact the head of the district department of internal affairs or the department of your own security in police structure.

You have the right to file a complaint about:

• avoidance of giving a referral for a forensic medical examination;
• incorrect conduct of the investigation;
• red tape with the initiation of a criminal case and its investigation.

You can send your complaint to the head of the given police department, the prosecutor or to the court.

Where to apply, sample application

If you witness an animal suffering, you need to know where to turn in this case. A person can complain to the nearest police station by writing a statement.

Important! You can contact and report a crime not only during the working day, but also at night. In this case, it is enough to contact the operational duty officer.

The complaint can be written at home or at the police station. In both cases, it is worth using a sample that will help prevent errors in the document. At home, you can use the Internet and look at a sample on the official website of the department. When contacting the police, it is worth remembering that an example of a statement is located on the information board. It should also be noted that it is possible to report what happened orally. The employee will draw up a protocol, which must be read and, provided that everything is correct, signed.

If you decide to report in person rather than leave a complaint on the Ministry of Internal Affairs website, then you need to take a coupon from the receiving employee, which indicates the registration number of the document and the date of acceptance. You will be notified of the decision 10 days after submitting the paper.

The investigative jurisdiction of the norm in question falls under the jurisdiction of internal affairs bodies.

Composition of the crime and legal norms

Article 245 of the Criminal Code of the Russian Federation provides as an object morality, which exists at the social level. The legislator, with the help of this norm, condemns the inhumane treatment of animals.

The objective side includes several mandatory conditions, without which the composition of the act cannot exist. These include:

1. Committing murder or other actions resulting in the death of a creature.
2. The result can be not only death, but also injury. Damages on the animal’s body, etc., are considered as such.
3. Attackers can use methods that are sadistic in nature.
4. The action was committed for hooligan reasons.
5. The act is carried out in the presence of a minor.

Punishment under criminal law will be applied when an animal is beaten or beaten on a systematic basis. Also, according to the comments to the Criminal Code of the Russian Federation, keeping animals in inhumane conditions will also be punishable, this suggests that to create an offense it is not necessary to hit the animal, you can not give it water or food for a long period, or keep it in a hot or cold room And so on. It is also possible to treat cruelly during various experiments, training, and exercises that involve torturing animals.
This article of the Federal Law presupposes the awareness by the perpetrator that the animal is in pain and desires it, that is, the act is committed with intent. The investigation must prove the fact that cruelty was used during the infliction of death or other damage, which means the torment of the animal before death.

It is impossible to make an assessment under Article 245 of the Criminal Code only if the perpetrator caused multiple injuries to the victim. This is seen in analogy with killing a person with particular cruelty. As explained by the Supreme Court, the mere multiplicity of injuries cannot be considered ill-treatment. A causal connection must be established between a person's action or inaction and the death of an animal.

The subject of the act may be a person who has reached the age of sixteen at the time of its commission. If the age of the offender is younger, then they cannot be punished by law.