The problem of cruel treatment of our little brothers covers the entire globe. And Russia is no exception. When violence is committed against living beings, an attack is committed not only on the material side of the environment, but also on the spiritual side, that is, on morality. Crimes of this type contribute to the degradation of society. In other words, both legal and human norms are violated.
According to statistics, crimes against mammals or birds are most often committed by men who cruelly treat their family members: beating them, injuring them. Teenagers and middle-aged people or insane persons become tendentious offenders. According to the article of the Criminal Code of the Russian Federation, the killing of animals entails consequences for the offender, which are manifested in various types of responsibility: from monetary resources to imprisonment.
Concept explanation
The killing of animals is stated in Article 245 of the Criminal Code of the Russian Federation. Attackers may be subject to punishment if they have one of the following points:
- the use of sadistic methods (inflicting special painful suffering, for example, burning alive, skinning, strangulation);
- if the crime is for profit (for example, to obtain fur for hats) or is based on hooligan purposes;
- being in the field of view of a person under 14 years of age.
When committing an illegal act, a person must be aware of the danger of the consequences that may occur. A prerequisite is age at least 16 years and sanity.
The crime is considered completed from the moment the animal dies. There must be a causal link between the ill-treatment and the death.
The subject of an offense may be the killing of the following classes of animals:
- birds;
- mammals (higher).
In this case, it does not matter whether the creature is street, wild or domestic, and whose property it is, the criminal will be punished in any case if he is found guilty. However, during an officially sanctioned hunt, killing does not entail liability.
Killing an animal: features of solving a crime
Animals for the most part cannot stand up for themselves, so you can only rely on caring people who will attract the attention of the police to the crime. Although the application is made by a person, the victim is considered to be an animal. It could be a pet or a stray animal that has fallen under the “hot” hand of the offender.
Please note that solving a crime will have its own characteristics that complicate the matter. Among them:
As a rule, people convicted of criminal acts against pets turn out to be mentally ill and require treatment. Subsequently, the court has the right to send them for compulsory treatment to specialized medical institutions.
If you suspect someone you know of committing a crime against animals, then try to protect yourself and your family from him, and under no circumstances leave children in his presence without your supervision.
Enforcement measures
According to Article 245, the following penalties are provided for killing animals:
- sanctions up to 80 thousand rubles. or in the amount of salary or other income for a maximum period of up to 6 months;
- compulsory work up to 360 hours;
- corrective measures up to 1 year;
- restriction of freedom up to 1 year;
- restriction of freedom up to 6 months.
When collectively depriving an animal of its life, criminals may be subject to:
- recovery from 100 thousand to 300 thousand rubles. or in the amount of salary or other resources from 1 to 2 years;
- mandatory work up to 480 hours;
- forced measures or imprisonment for up to 2 years.
Punishment for hitting an animal as a result of an accident - a complete list of fines for hit animals
The Code of Administrative Violations does not indicate liability for harm caused to domestic animals due to a traffic accident. However, if the driver does not comply with traffic rules and act in accordance with the rules, then he may face administrative punishment for leaving the scene of an accident.
How should the driver act?
- The driver must slow down if there is a corresponding sign. For example, sign 1.27 “Wild animals”.
- If a citizen hits an animal, he must stop.
- The driver must call the traffic police.
Most drivers do not consider hitting a cat, dog, or other small animal an accident, so many do not stop in the event of a collision. If there are eyewitnesses who record the incident on a photo or video camera, then responsibility for leaving the scene of an accident, even with small animals, cannot be avoided.
The driver may be held accountable under Article 12.16 of the Code of Administrative Offenses of the Russian Federation for failure to comply with traffic rules. The penalty for this is minimal - 500 rubles . It will not be possible to prove compensation for harm to the owner of an animal - for example, a dog or cat.
Let us separately consider the situation when there is a sign 1.27 “Wild Animals” . The driver may be fined under the same article 12.16 of the Code of Administrative Offenses of the Russian Federation, and may also be forced to compensate for the damage caused to hunting resources. Order of the Ministry of Natural Resources No. 948 of December 8, 2011 stipulates possible fines for hitting wild animals.
The table shows the penalties for killing wild animals and the amount of possible fines:
Depending on the circumstances, a conversion factor . For the case of destruction of hunting resources due to negligence (except for cases of hunting), the coefficient will be equal to one. In this case, it is necessary to take into account the number of downed animals. That is, say, if you shoot down 1 roe deer through negligence, the fine will be 20,000 rubles.
Legal consultation
If you witness the killing of an animal, do not remain indifferent, show social responsibility. You should write a statement to the police with a request to conduct an investigation; lawyers who have been accredited will help you draw up a document. You can contact them on the “100 Lawyers” portal. Specialists will provide you with qualified advice and assistance in completing documents on various issues, in person, by phone or by filling out an online form. You will receive comprehensive information, for example, how to record the fact of a crime, within 15 minutes.
At the territorial department of the Department of Internal Affairs you will be given a notification coupon, take a copy of it and a copy of the application to the prosecutor's office to expedite the case, and wait for 10 days. This period may be extended. The answer will be sent to you at the address you provided.
The most severe punishment for killing an animal that can be applied to a violator who acted alone is restriction of freedom (the convicted person must be in a special institution, he is not protected from society, and performs certain duties and observes prohibitions). In aggravating circumstances of the crime, namely by a group of people, with or without an agreement, the sanctions are toughened. The penalty increases from 100 to 300 thousand rubles. The duration of compulsory work increases by an additional 120 hours, and imprisonment or forced labor for up to 2 years is also possible. Specialists from the “100 Lawyers” portal will advise you in detail on issues of cruelty to animals.
Criminal article for killing a dog
“A dog is a man’s friend”... Not for everyone, as police practice shows. This is confirmed by a recent incident that occurred in the village of Chusovitino, Leninsk-Kuznektsy district. Late in the evening, one of the residents of this village, who had “taken on his chest” more than one glass of “fire water” during the day, decided to take a walk. And the difficult woman brought him into the yard of his friends. The man simply wanted to ask for a cigarette (he later told the police about this), which he did, and after a short conversation he moved on. But he did not go far from home - his attention was attracted by a yard dog barking at a stranger and zealously defending its territory. The dog, as expected in compliance with the rules for keeping pets, was on a leash. As the neighbors say, the man had some special feelings for this dog - he never passed by so as not to tease the mongrel. So this time he decided to mock the animal. Barely able to stand, the drunken man began to tease the animal. The dog, as befits him - a watchdog, albeit small in size, began to bark in response at the stranger who had invaded the territory entrusted to him. The drunk neighbor didn’t really like this - he leaned towards the dog and expressed his opinion with the word “Shut up!” In fact, that’s why he received a deft and well-aimed bite on the nose in response. Then the fate of the animal on a leash was, one might say, predestined. The enraged man began to kick the animal, after which, grabbing a bayonet shovel standing in the yard, he began to mercilessly beat the mongrel until the handle of the shovel shattered into splinters, and the once yard dog turned into a lifeless carcass... His owners ran out to the squeal of the dying animal, but they did not They couldn’t do anything - the dog died. Police officers were called to the scene.
Administrative liability for improper control of domestic animals
Failure to control pets, including dogs or cats, may result in administrative penalties.
The regions of Russia have their own laws and regulations that provide for different types of punishment.
Let's list some:
- Article 7.17 of the Code of Administrative Offenses of the Russian Federation. If an animal, as well as someone else’s property, was destroyed or damaged, and if the citizen’s actions did not cause significant damage, then he will be fined 500 rubles.
- Pollution by pets of common areas in apartment buildings, as well as streets, lawns and other public places, entails a fine for citizens in the amount of 500 to 1,000 rubles (OZ-No. 172-22).
- Keeping pets in public places is a fine from 500 to 1000 rubles.
- Staying with a dog without a leash and muzzle (except for puppies up to 2 months of age and small dogs up to 20 centimeters at the withers) in public places (elevators, corridors, stairs, landings), in the local area of apartment buildings, in organizations, in public transport, walking dogs in public places not intended for walking dogs is punishable by a fine in the amount of 500 to 1,000 rubles. Officials will be fined 1,000-1,500 rubles.
- Failure to take measures to stop barking, howling or other noise emanating from a domestic animal at night from 22:00 to 6:00 the next day on the streets, squares, parks, residential buildings, entrances and courtyards, resulting in a violation of silence and peace, faces a fine of 1,000-2,500 rubles.
- Setting a pet on people or pets will result in a fine. Citizens will pay from 2,000 to 5,000 rubles, and officials - from 3,000 to 10,000 rubles.
Where to go and what to do if a dog bites you?
For those owners who do not comply with the requirements of the law, employees of the internal affairs bodies draw up administrative violation protocols , which are reviewed by the administrative commission.
When preparing materials on punishments, the Regional Laws of Moscow, Arkhangelsk and Tomsk Regions were used.
It is worth paying attention to Article 13 of the new Federal Law No. 498 of December 27, 2022 . It clearly states the requirements for keeping pets.
By the way, a pet that the owner refuses to look after can be seized. Article 241 of the Civil Code of the Russian Federation states this:
“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 ransoming them 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.”
Read
Dedicated to Sos
Thanks to Katherine Hayman, Claire Alexander,
Kate Shaw and Dave Cohen
It was 7 minutes after midnight. The dog was lying on the lawn in front of Mrs. Shears' house. Her eyes were closed. She looked as if she were running on her side, the way dogs run when they dream that they are chasing a cat. But this dog did not run and did not sleep. She was dead. A garden fork was sticking out of the dog's body.
The teeth of the forks must have pierced it right through and went deep into the ground, because the forks stood and did not fall. I decided that it was these pitchforks that killed the dog, because I didn’t see any other wounds on it. And I doubted that the pitchfork had been stuck into her after death—death from some other cause, like illness or a traffic accident.
However, I was not completely sure of this.
I walked through the gate into Mrs. Shears' yard, stepped onto the lawn, and knelt down in front of the dog. He reached out and touched the dog's face. She was still warm.
The dog's name was Wellington. It belonged to Mrs. Shears, with whom we were friends. She lived on the opposite side of the street, two houses away from us.
Wellington was a poodle. But not like a miniature poodle that gets all sorts of haircuts, but a large poodle. He had curly black fur, but if you got closer you could see his skin showing through - pale yellow, like a chicken's.
I pet Wellington and wondered who killed him and why.
My own name is Christopher John Francis Boone. I know all the countries of the world, and their capitals, and all the prime numbers up to 7507.
When I first met Siobhan, she showed me this picture:
And I knew it meant sadness. The way I felt when I found the dead dog.
Then she showed me another picture. This one:
And I realized that this means happiness. What I experience in those moments when I read about the Apollo space missions or when I wake up at three or four in the morning, go outside and imagine that I am the only person in the Universe.
Then she drew other pictures:
But I can't say what it means.
I once asked Siobhan to draw many, many of these faces and then write under each one what exactly it meant. I carried this piece of paper in my pocket and took it out when I didn’t understand what exactly a person was feeling. But it was very difficult to decide which scheme suited his mood better, because in fact people's faces change expression very quickly.
When I told Siobhan that I was doing this, she took a pencil and another piece of paper and said that what I was doing probably made people feel very bad.
And then she started laughing. Then I tore the first piece of paper and threw it away. And Siobhan asked for forgiveness. And now, if I can’t understand what a person means, I check with him or just leave.
I pulled the pitchfork out of the dog's body, picked him up and hugged him tightly. Blood was still oozing from the holes left by the pitchforks.
I love dogs. You can always understand what the dog is thinking about. She has four moods: happy, sad, angry and focused. And dogs are also loyal and never lie, because they cannot speak.
I held the dog for 4 minutes, and then I heard a scream. I looked up and saw Mrs. Shears. She ran towards me from the side of the house. She was wearing pajamas and a robe on top. Her nails were painted bright pink and she didn't have any shoes on her feet.
She shouted:
- Damn it! What did you do to the dog?
I don't like it when people yell at me. This makes me scared because they might hit me or touch me. And I didn't know what to do next.
- Let the dog go! - she shouted. “For Christ’s sake, let that fucking dog go.”
I put the dog on the ground and stepped back two meters.
She leaned over. I thought Mrs. Shears wanted to take the dog herself, but she didn't. Maybe she noticed that there was too much blood on the body and was afraid to get dirty. Then Mrs. Shears started screaming again.
I covered my ears with my hands, closed my eyes and began to lean forward until I was bent so that my forehead touched the grass. The grass was cold and wet. And I immediately felt better.
This is a murder mystery.
Siobhan said that I should write a book that I would read myself. I mainly read various scientific books, for example on mathematics. I don't like fictional novels.
In them people say all sorts of things like: “I am streaked with veins of iron, silver and stripes of ordinary dirt. I cannot clench into a fist like those who do not depend on stimulants.”[1] What is this supposed to mean? I don't know. And the father doesn't know.
And Siobhan doesn't know either. And Mr Jeavons. I asked them.
Siobhan has long blonde hair and wears glasses that are made of green plastic. And Mr. Jeavons smells like soap and wears boots with about 60 tiny holes on the top of each one.
But I like detective stories. So I'm writing a detective story.
You may be interested in: Lack of crime
In a detective story, someone conducts an investigation and identifies the criminal so that he can be caught. There's a mystery there. If the riddle is solved well, then you can figure out the answer yourself before the book ends.
Siobhan said that the book should start with a strong episode that will immediately grab attention. That's why I started with the dog. I chose an event that happened to me because I can't imagine something that didn't actually happen to me.
Siobhan read the first page and said that everything was wrong with me. She said that detective stories usually involve killing people. I told her that two whole dogs died in “The Hound of the Baskervilles”: the Hound of the Baskervilles itself and James Mortimer’s spaniel.
But Siobhan told me that they were not victims of a crime. The victim was Sir Charles Baskerville. She said this is because readers are more interested in people than dogs.
That is, if a person dies in a book, it is more likely to attract the attention of those who read it.
And I explained that I wanted to write a true story. I knew various people who are now dead, but I never knew anyone who died, except perhaps Mr. Paulson, Edward's father from our school.
But it was not a crime, but an accident, and besides, I hardly knew him... And I also explained that I love dogs because they are loyal and honest and some dogs are smarter and more interesting than many people.
For example, Steve, who comes to school on Thursdays, has to be spoon-fed and is not even able to fetch a stick. Siobhan asked me not to say anything like that to Steve's mother...
And then the police arrived. They had uniforms and badges, and it was clear why they were there. There were two of them: a female police officer and a male police officer. The policewoman had a small hole in her tights on her left ankle, and in the middle of this hole was a red scratch. And the male policeman had a large orange leaf stuck to the sole of his shoe; it stuck out on one side and was a little puffy.
The policewoman put her arm around Mrs. Shears' shoulders and led her toward the house.
Source: https://www.litmir.me/br/?b=12275&p=1