Animal Abuse Statement

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Animal Abuse Statement

Read how to correctly gather evidence of a crime here: viewtopic.php? f = 175 & p = 33594 # p33594

SAMPLE STATEMENT:

Head of __________________________ ATC
_____________________________________________,
(indicate the special title last name and initials)
_____________________________________________,
(your full name, year of birth)
_____________________________________________,
(place of residence and registration, tel)
_____________________________________________,
(place of work, position, tel)

STATEMENT

On that date, the month of the year, I became (a) a witness to animal cruelty. Events took place at such and such a time in such and such a place - indicate everything exactly.

Citizen N (if there were several, then sanctions are tougher) - indicate your name and address mocked the animal

· In the presence of children (this is very important for tougher sentences)

· In a particularly sadistic way (important for tougher sentences)

Next, describe what you know and saw in a couple of paragraphs.

Indicate that according to your information (be prepared to confirm) this has happened before - a repeated crime is punished more severely.

Indicate that you were threatened while trying to stop the crime. Find out if it is possible to institute proceedings on this fact separately.

Witnesses of the crime, ready to confirm the facts were: indicate your witnesses with full names, addresses, passport details. They must also sign this statement.

I ask you to take measures to detain these persons and institute criminal proceedings under article 245 of the Criminal Code of the Russian Federation "On cruelty to animals." If there are signs of other articles, list them all.

Warned (on) about liability under Art. 306 of the Criminal Code, for knowingly false denunciation - be prepared to confirm all your testimonies.

THE DATE
SIGNATURE
SIGNATURES OF WITNESSES

(State your thoughts clearly and convincingly, avoiding the phrases “it seems to me,” “perhaps,” etc. The statement should not be long - two pages or more.)

Source: How to correctly file a cruel application. animal handling - Forum

 

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THE STATEMENT IS COMPLETED AS FOLLOWS:

1. The application is written (or rather printed on a computer, followed by printing on a printer) on a standard sheet of A4 paper in duplicate. Avoid verbal statements by the police and logging them locally. This is permitted by law, but if there is time, it is better to prepare everything in advance. Also, the application can be sent by registered mail. Remember, anonymous letters are not considered.

2. On the left side of the sheet, indent 3-4 cm, as your application will be filed in the folder.

3. In the upper right corner of the first sheet it is indicated to whom the application is addressed (to the head of the police station or to the prosecutor) with an indication of the position and rank. If the full name, position and title of the required person are not known to you, then you can call or go to the office of the police department or the prosecutor's office; Below are your full names (in full), address (registration and actual), telephone number where you can be contacted.

4. Having stepped back five to ten centimeters, write the word “statement” in large letters.

5. Next, state the essence of your statement. The application should not exceed (preferably) a couple of pages and should be written in an accessible language. Do not use phrases from the series “seems to me”, “most likely”, etc. You must be firmly convinced that write. In formulating what exactly happened, it’s good to take advantage of the help of the Criminal Code of the Russian Federation (indicating the articles and the characteristics of the articles). This will facilitate the legal assessment of the deed by the person reviewing the application.

6. Below indicate the evidence with which you can confirm what you just wrote about. If the evidence includes documents, then submit copies thereof. Then, in the text describing the evidence, just write - a copy of the document confirming some fact is presented.

7. The request to prosecute the specified citizen (group of citizens)

8. Please notify the decision taken within the statutory deadlines.

9. A date is placed under the text of the application, then a signature.

10. If fortune smiled at you, and you have witnesses (very good, if two), then after your signature each of them writes - “I fully confirm all of the foregoing” - indicates your full name, address, phone number, date and puts a signature. Be confident in your witnesses.

11. After all this, with two copies of the application, go to the department or to the reception of the prosecutor (depending on who you wrote to, of course) at your place of residence or at the place of the act. When you accept the application, it must be registered. That is, it is entered in the registration log and it must be assigned an incoming number (!). In appearance, a magazine usually resembles a barn book with corresponding graphs (from the corner of your eye take a look at what is written there); if they try to "register" the application in something else (some kind of notepad, for example), then do not believe it - they are trying to deceive you. When you receive an application or report a crime, the applicant is given a coupon notification, and the registration number and registration date of the done him statements or messages. Do not forget to take it all with you!

When a police officer (prosecutor's office) starts registering your statement in the journal, take out the second copy of your statement (required!) And politely ask him to put down the incoming statement number, registration time, position and full name. the person accepting your application. Deny you do not have the right.

12. If the application contains information about a crime committed by police officers, then it is naturally necessary to submit it to the prosecutor's office. However, it is better to immediately file any application with the prosecutor.

Source: https://www.helpanimals.ru/forum/2-432-1

 

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IF YOU BECAME AN ANIMAL ABUSE OF ANIMAL HANDLING AND HARDLY INTEND TO SEEK JUSTICE WITHIN THE LAW, you need to have an idea of how to properly file an application with law enforcement agencies and what you will encounter.

Remember that the police are extremely reluctant to accept applications from citizens for such a crime as animal cruelty. Police officers will dissuade you from submitting an application and mislead you regarding your rights and existing legislation. This is easy to overcome. Read the instructions below. But even if the application is accepted, they may refuse to initiate criminal proceedings. However, this is being overcome. Read the instructions again. As a result, with some persistence, you can either punish the offender by law, or at least scare him. Remember that there have already been precedents in animal cruelty cases.

Please note that animal cruelty, due to some ambiguity of the Russian Criminal Code, may be related to several articles of the Criminal Code:

Article 245 - Cruelty to animals.

Article 213 - Hooliganism. If the animal belongs to you personally and you can confirm this, then the crime can be classified as the destruction and damage to property. Animals in the Criminal Code are considered as property.

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 include this article in the application. This article also mentions animal poisoning. If there are facts about poisoning animals with bait, also drag in the possibility of poisoning children and so on.

Article 119 - Threat to kill or cause serious bodily harm. The threat stipulated by Article 119 of the Criminal Code must be manifested externally in any form understandable to the victim and other persons: verbally, in writing, by telephone, fax, telegraph or otherwise; she must face the risk of murder or 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. Civil Code. Redemption of pets in case of their improper handling In cases when the owner of pets treats them in clear contradiction with the rules established by law and society’s standards for humane treatment of animals, these animals can be removed from the owner by redeeming them by a person who has presented relevant claim in court. The buyback price is determined by agreement of the parties, and in the event of a dispute, by a court.

When shooting, it is possible to apply:
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 doubts about how to classify the actions of the offender, include in the application a mention of all these articles.

TYPICAL EXPERIENCES OF POLICE AT FAILURE TO REGISTER A STATEMENT:

We will not take a statement because there is not enough data in the incident information - in fact, the police station (prosecutor's office) does not have the right to ignore any report of a crime. This is a violation. Such a refusal is regarded as a crime by the Criminal Code (Article 285), and a police officer who does not accept the application faces a sentence of 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 take the application because you do not have a passport or registration in this area - No, this is not so, they MUST take it, even if you are a citizen of the other party or do not have citizenship at all.

It is also necessary to write in the application that it was filed in accordance with Articles 140, 141 and 144 of the Code of Criminal Procedure of the Russian Federation, which means, in short, when they report to the police about the crime committed, they are not entitled to refuse to accept the application. These articles indicated in the application will save you a lot of time and nerves, save the police from the temptation to refuse you.

Read Article 109 of the Code of Criminal Procedure (“Obligation to consider applications and reports of a crime”), and pay special attention to paragraph 3 of part 3 of this article: the decision to transfer by jurisdiction or jurisdiction means that if you brought your application to the wrong place the inquiry body to which the application should still be obliged to first accept, and then independently (and not having sent you in an unknown direction) to transfer to the jurisdiction or jurisdiction.

After your application is accepted, then within three to ten days (!), One of three decisions will be made on it: on instituting criminal proceedings; refusal to initiate; on the transfer of applications for jurisdiction or jurisdiction. The decision is communicated to the applicant, that is, to you.

If the police refused to accept a statement from you, or you were denied to initiate a criminal case, then write a complaint and a second statement requesting a criminal case, but to the prosecutor’s office (!).

METHODS FOR CONVINCING A POLICE OFFICER

Demand a certificate from the police officer who refuses you (generally speaking - this should be your first step in the police - to write down the data of the person you are talking to). Rewrite all the data and threaten him with vigorous actions - from a complaint to the immediate boss to the prosecutor's office. Act - the bureaucrat is born of paper, and only from paper can he disappear. Remember - they are not afraid of anything else, do not feel, do not understand.

Demand written justification for the reason for refusing to accept the application. A police officer will be an idiot if he writes such a paper, but you must try to ask. With paper and a complaint to the prosecutor. In theory - the police authorities, in this case, exemplarily punish the guilty.

Take a voice recorder with you. Then, in a pointed manner, include it with a request to explain why you are denied acceptance of the application.

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 arrange). For them, this will be both a journalistic investigation and in the case of cruelty to animals and illegal actions of the police and hot news for publication. A police officer, feeling polite attention from the press, will be just as polite and courteous. Get the local animal welfare community involved. Perhaps they had experience in such matters.

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

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

If you were not able to convince the police officer to accept the statement, do not back down.
Try to get to the police authorities. If failed, you can act in other ways. Call on 02, on the helpline, on the telephone of your own security service and complain about a particular police officer.

Track the work on your complaint. In the call center, the call will be monitored and the employee will be obliged to respond to the statement, regardless of what reason you are contacting.

If you still do not trust the police authorities, do not believe that it will force your subordinates to understand your application, contact the prosecutor's office, whose responsibility is to supervise the actions of police officers. The prosecutor on duty is obliged to accept your complaint about the unlawful actions of a policeman, and will give an answer in a timely manner: up to ten days. If a documentary check is required, the law sets aside 30 days for such an answer (plus the time for delivery of the letter). If the decision of an employee of the prosecutor’s office doesn’t suit you in any way, complain further on the growing - to the prosecutor’s office of the region, the general prosecutor’s office. Or go to court.

If within 3 days (in exceptional cases 10 days) from the date of 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 to the Office of Own Security in the police structure.

YOUR ACTIONS IN CASE OF REFUSAL TO ACCEPT THE APPLICATION:

If you were not able to convince the police officer to accept the statement, do not back down.
Try to get to the police authorities. If failed, you can act in other ways. Call on 02, on the helpline, on the telephone of your own security service and complain about a particular police officer.

Track the work on your complaint. In the call center, the call will be monitored and the employee will be obliged to respond to the statement, regardless of what reason you are contacting.

If you still do not trust the police authorities, do not believe that it will force your subordinates to understand your application, contact the prosecutor's office, whose responsibility is to supervise the actions of police officers. The prosecutor on duty is obliged to accept your complaint about the unlawful actions of a policeman, and will give an answer in a timely manner: up to ten days. If a documentary check is required, the law sets aside 30 days for such an answer (plus time for delivery of the letter). If the decision of an employee of the prosecutor’s office doesn’t suit you in any way, complain further on the growing - to the prosecutor’s office of the region, the prosecutor general’s office. Or go to court.

If within 3 days (in exceptional cases 10 days) from the date of 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 to the Office of Own Security in the police structure.

You have the right to complain about:

- evasion of giving directions 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 station, prosecutor or the court.

Source: https://www.helpanimals.ru/forum/2-432-1

 

[Anonymous]

Good afternoon!

Many thanks for the detailed explanation of the procedure. In addition, thanks for the active position.

I have a specific question: dogs were killed in our village (mine too). Unfortunately, I could not find the body of my dog, but the neighbors found mine. I persuade them to contact the police. However, the police said that such a statement has no chance, because unidentified persons, no witnesses, cause of death of the dog is unclear. I say, so do an autopsy and determine the cause of death, in addition there is a bullet hole in the body of the dog. They say that they are not obliged to do this, let the owners conduct this examination and introduce them to the case.

Is their refusal legitimate? What advise in this case? From which veterinarian will the examination be legitimate?

 

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Hello Philip.
The existing Criminal Code of the Russian Federation provides for criminal liability for cruelty to animals, which resulted in their death.
Those. unfortunately, the mere fact of killing an animal is not enough to bring its killer to justice. It is necessary to prove that the murder was accompanied by the torment of the animal, or the murder was committed in the presence of a minor and these actions negatively affected the psyche of the child.
However, we are all human. Judges also have sympathy.
In practice, anything is possible, and a judge can convict for killing an animal. Therefore fight.
Examination is carried out in a criminal case. As a basis for initiating a criminal case, a certificate from any medical institution, not necessarily specializing in animals, can be used, from which it will be seen that the death of the animal was the result of violent acts. It is desirable that the medical institution describe in more detail the results of the autopsy, and the corpse of the dog was buried so that, if necessary, it could be exhumed and re-examined.
Given that the perpetrators are unknown, the police will do everything in their power to convince you not to file an application, and if you accept, refuse to initiate criminal proceedings.
You can appeal these actions to the prosecutor. The complaint is written in any form. The main thing is that it should be clear from it - what crime has been committed, why you do not agree with the actions (decision) of the police and what specifically you require.
Given that more than one dog was killed in your village, children probably learned about this, perhaps they saw their corpses, which negatively affected the state of their psyche (children became closed, embittered, aggressive, etc.). These circumstances are needed in a statement to the police and in a complaint to the prosecutor.
The “deaf” case, of course, will somewhat worsen police statistics, but the police work for people, not people for it. Do not spare them.
Refusal to accept the application or refusal to initiate proceedings must be appealed to the prosecutor.
You can appeal to the court - the measure is sometimes even more effective than a complaint to the prosecutor. There is no need to pay a state fee for such an appeal.
Good luck to you! And a lot of patience! To bring this matter to the end - you will need a lot of it. The main thing is not to stop. The police car is a rusted mechanism and in order to start it you need a lot of strength.