Article 245 of the Criminal Code of the Russian Federation (dog hunters)

[Частный детектив ОДБ. Новосибирск.]

Interested in the practice of 245 Art. Criminal Code of the Russian Federation. (Animal abuse)

the so-called doghunters ([DLMURL="https://ru.wikipedia.org/wiki/%C4%EE%E3%F5%E0%ED%F2%E5%F0%FB"] https://ru.wikipedia.org/ wiki /% C4% EE% E3% ... 2% E5% F0% FB [/ DLMURL]) are now quite active in eliminating stray dogs.
They exchange experience, including through the Internet, the tricks of exterminating dogs, talk about animal habitats. Doghunters hunt all over the city. mostly armed with powerful pneumatics and scatter poisoned pieces of meat ... there are precedents for poisoning domestic dogs ....

links on the theme of dog hunters:

https://news.ngs.ru/more/83811/
https://news.ngs.ru/more/85990/

I want to build up an evidence base on this topic in order to initiate proceedings on 245 part 2, your advice, opinions are interesting ...

 

[Матушкин Андрей Николаевич]

Thanks for the topic.

 

[Oberon]

Something I can’t understand. In PM all day posts on the issue of dog hunters, and the topic itself consists of 2 messages? :? What's the catch? And where the rest?

 

[Матушкин Андрей Николаевич]

The rest is in PM.

 

[Частный детектив ОДБ. Новосибирск.]

another interesting point turns out .. these citizens use poisoned baits, powerful pneumatics and urban firearms (there was a precedent that almost in front of the child’s eyes a dog was shot, who later died ...) - (as part of a group, by prior conspiracy .......) - as you think, it can somehow be qualified except by 245 of the Criminal Code? 210 CC, alas, does not pull, although, hbz .....

 

[Адвокат]

Unfortunately, Art. 245 of the Criminal Code of the Russian Federation, which provides for liability for cruelty to animals, is rarely used in practice, and mild sanction does not have the necessary restraining effect on sadists.
However, I believe that society should confront this evil. I fully support your desire to participate in such a noble cause and will try to help in accordance with my modest opportunities.

Despite the fact that in the Russian Federation the acts for which criminal liability is provided are codified, the bodies of inquiry, investigation, and the courts prefer when making decisions to be guided by already established judicial practice, i.e. actually use judicial precedents, because no one wants to be held responsible for a wrong decision.

For this reason, bodies of inquiry, investigation, and courts do not like cases in which a small judicial practice has been developed, because in this case they are forced to set precedents.

In cases involving cruelty to animals, only the fact of initiating a criminal case, but also bringing it to a guilty verdict, is important.

Therefore, it is necessary to carefully study the tactics of identifying such crimes and carefully securing evidence based on strict observance of the law.

I apologize in advance for further extensive explanations of the signs of a crime, but without a clear understanding of what evidence and in what way to collect, links to specific judicial precedents will help little, because evidence must comply with the principles of legality, necessity, admissibility and sufficiency.

Thus, evidence obtained in violation of applicable law, even if it indisputably confirms the guilt of the person who committed the wrongful act, cannot be the basis of the charge and must be declared inadmissible.

 

[Адвокат]

Next, we analyze the signs of a crime, the evidence of which must be collected to bring a person to criminal liability.

Article 245 of the Criminal Code. Animal abuse
1. Cruel treatment of animals, resulting in their death or injury, if this act was committed out of hooligan motives, or from selfish motives, or using sadistic methods, or in the presence of minors, -
2. The same act committed by a group of persons, a group of persons by prior conspiracy or an organized group,

1. Object of crime - Public morality, condemning the inhumane attitude towards animals. In accordance with Art. 137 of the Civil Code of the Russian Federation: "cruelty to animals is prohibited in the exercise of law, contrary to the principles of humanity."

2. The objective side:
On the objective side, a crime will take place if the cruel treatment of animals resulted in their death or injury and was committed if at least one of the following conditions exists: from hooligan motives; using sadistic methods; in the presence of a minor.

a) actions - cruelty to animals:
Cruel treatment consists in a ruthless attitude, torment of animals or mockery of them, causing suffering to animals. It can be expressed in:
- systematic or prolonged infliction of pain on the animal (beating, beating), harming the health of the animal (for example: injuring, mutilating the animal), inhuman conditions of detention (in frost or heat, placement in a clearly unsuitable place where the animal is suffering), prolonged deprivation its food or water, etc .;
- conducting various kinds of fights between animals (for example, dog fights, cockfights), leading to the death or mutilation of animals;
- conducting research, training and training of animals associated with their torment;
- hunting with the use of tools, means (the use of pesticides, hunting pits, gunshots, gases, the installation of clamps, undercuts, etc.) and the methods that use it injures animals causes them severe physical suffering as cruelty to animals. The law of the Russian Federation "On the animal world" 1995). In such cases, the offense must be qualified on the basis of Art. 245 and 258 of the Criminal Code.

There is a sign of cruelty when torture, torture or mockery of the victim was committed against the animal before the deprivation of life or during the murder, or when the murder was committed in a way that is known to the perpetrator to cause special suffering to the animal (inflicting a lot of bodily harm, use of painfully acting poison, burning alive, prolonged deprivation of food, water, etc.).
The mere fact of the death of an animal to be held accountable under this article is not enough. For example, several years ago in St. Petersburg, journalists conducted a journalistic investigation, according to the results of which there was a resonant media report that asocial residents killed cats and dogs, from which meat they prepared pies and other fast food, sold meat in the city markets under the guise of meat of animals of meat breeds (rabbit, lamb). The report contained colorful footage of an apartment in which unhappy animals were killed and butchered. But, alas ... The prosecutor’s office didn’t even give the go-ahead for initiating a criminal case, as I did not see one of the signs of a crime, namely: cruelty to animals. There was no evidence that the cruel method was used to kill the animals, i.e. the animal was tormented before death.

If we give an analogy with the qualification of special cruelty in cases of the murder of a person, then in judicial practice the murder is not recognized as committed with particular cruelty, on the basis only that the victim was killed in multiple wounds.
So, the judicial board of the Supreme Court of the Russian Federation did not agree with the arguments of the complainant’s complaint that S.’s murder was committed with particular cruelty, since the infliction of a multitude of bodily injuries does not constitute grounds for qualifying the actions of the perpetrator under paragraph “d” h. 2 tbsp. 105 of the Criminal Code. It is necessary to establish that the guilty person, inflicting numerous injuries to the victim, realized that it caused him special torment and suffering. The court did not establish such data regarding the murdered. In addition, as can be seen from the conclusion of the forensic medical examination, S. only two stab wounds were inflicted on the neck, which led to the death of the victim. The remaining bodily injuries (scratches on the chest and bruises on the hands and head) were attributed by the expert to light bodily injuries that did not harm the victim’s health, and in the absence of circumstances to conclude that the victim was tortured, they do not indicate the presence of special cruelty in the actions of the convicted person (BVS RF. 1999. 1999 N 10, p. 7).

b) consequences - the death or injury of an animal:
The death of the animal is associated with its killing, and the mutilation - with causing him serious harm (for example, deprivation of the eye).
The unequivocal concept of "injury" does not exist, there are glad definitions of this term:
1) S.I. Ozhegov defines mutilation as wounding, mutilation.
2) type of "grievous bodily harm".
3) causing bodily injury from injuries.
"Mutilation" is not identical to the concept of "health disorder" and involves self-mutilation, the loss by the organ of its functions, the loss of the organ itself, as well as wounds, the destruction of all or part of the skin, plucking a significant number of feathers, etc. If, as a result of cruelty to an animal, only his health disorder occurred (he is ill for a long time, for example), then within the meaning of Art. 245 of the Criminal Code, the criminal liability of the perpetrator is excluded (no death or injury), which, in our opinion, is a drawback of this article.

c) a causal relationship between these actions and consequences
A causal relationship must be established between the act (action or inaction) and the death or injury of the animal. This means that the death or injury of an animal with an internal law should flow from the actions (inaction) of the offender, that is, be necessary, and not their accidental consequence.
So, for example, if experts point out heart failure as the cause of death, then the very fact of the death of the animal to bring the person to criminal liability, for example, because it shot him from a traumatic gun immediately before the death of the animal. It will be necessary to prove that it was as a result of the shot that a malfunction in the cardiovascular system occurred, which caused the death of the animal.

d) method - using sadistic methods or in the presence of minors.
Sadistic methods - these are painful ways of treating animals that cause them special suffering, sophisticated ways of mocking animals, as well as their painful killing, self-harm or torture, when the guilty person enjoys observing the torment of the animal.
For instance:
- torture
- strangulation
- systematic beating,
- causing numerous minor injuries,
- exposure to fire (burning a living animal),
- other similar actions that cause the animal particular pain or suffering (skinning from a living animal, burying a living animal),
etc. torture methods.

Under minors as a witness This crime is understood to be a minor under the age of 14.
Violence committed in the presence of minors affects the development of their low-lying instincts, and can serve as a model of inhumane attitude to "our lesser brothers", sadism, cruelty.
Therefore, it is important to prove not only the actual presence of minors, but also their awareness of the essence of what is happening, the understanding that violence is committed against the animal. Otherwise, there is no corpus delicti, since in such a situation there will be no harmful effect on the child’s consciousness and moral principles of the formation of his personality, for example, a baby is not aware of what is happening or the child is insane, sleeps, does not see and does not hear what is happening, etc.
To prove this circumstance, it is advisable to obtain a certificate from a psychologist or psychiatrist, whom parents turned to in connection with the experiences of a child who saw cruelty. Parents of this child may demand that their child be granted victim status in the case, and they - his legal representatives. As a result, they get the right to demand reimbursement of expenses for restoring the child’s psyche and compensation for moral damage caused to him. Those. Thanks to such actions, the responsibility, at least in material terms, of persons committing such inhuman crimes can increase.

3. Subject of crime - a sane person over 16 years old.

4. The subjective side characterized by direct or indirect intent.
Guilty aware that she is being abused with an animal foresees the possibility or inevitability his death or injury and wants to inflict such consequences (direct intent) either consciously admits their offensive either doesn’t care about it (indirect intent).

The presence of a motive specified in the law is a mandatory sign of the subjective side of the offense.
Hooligan motives - when the guilty person demonstrates cruelty towards the animal, thus contrasting his behavior with generally accepted norms of morality, morality, relationships between people and attitudes towards animals, he demonstrates a clear disregard for the generally accepted rules of behavior, does not respond to comments from others and attempts to suppress his actions.
Selfish motives mean the desire to extract material benefits for themselves or others, to get rid of the costs of its maintenance, treatment.
Selfish motives are characteristic when organizing fights between animals, when viewers are charged or bets are accepted on the winner.
Cruel killing of animals to stitch hats or use meat for food.

Part 2 of Article 245 of the Criminal Code of the Russian Federation provides for increased responsibility for the same act, committed by a group of persons by prior conspiracy or an organized group (as in other cases, these signs are understood in accordance with Part 2 and 3 of Article 35 of the Criminal Code of the Russian Federation).
The proof of this qualifying attribute will allow to bring the perpetrators to a stricter responsibility.
Therefore, it makes sense to gather evidence that the person:
- visited the sites of dog hunters, agreed there on the implementation of coordinated actions aimed at the inhumane treatment of animals;
- otherwise entered into a conspiracy.

In some cases the animal is the property of any person . According to Article 137 of the Civil Code of the Russian Federation, animals are recognized as objects of property rights and the general rules on property are applied to them insofar as the law or other legal acts do not establish otherwise.
In such situations, cruel treatment of the animal, resulting in his death or injury, causes harm to two objects: the relationship of morality and property relations, and, therefore, in the presence of signs of corpus delicti under Art. 167 and 245 of the Criminal Code, their ideal combination will take place.
In this regard, for example, arson of a barn, a barn where domestic animals are kept, and their destruction falls under the signs of Art. 245 and h. 2 Article 167 of the Criminal Code.

When applying the generally dangerous method of cruelty to animals, if the actions of the perpetrator that pose a threat to harm the person or other property, it makes sense to consider the possibility of bringing the guilty party under other articles of the Criminal Code of the Russian Federation , for example, under Article 213 of the Criminal Code.

 

[Адвокат]

Sentences of courts for cruelty to animals (Article 245 of the Criminal Code of the Russian Federation) are available here: viewtopic.php? f = 104 & t = 4404

On one of the sites I found tips on how to file an application with the Department of Internal Affairs about animal cruelty: viewtopic.php? f = 87 & t = 4405 & p = 33603 # p33603

 

[Адвокат]

Investigation of crime
Article 245 of the Criminal Code. Production Features
initial investigative actions

According to the Code of Criminal Procedure of the Russian Federation, a preliminary investigation of crimes provided for in Article 245 of the Criminal Code of the Russian Federation is carried out in the form of an inquiry, and since this crime belongs to the category of minor offenses, criminal cases of cruelty to animals are subject to a magistrate.
As practice has shown, the most common investigative steps carried out at the initial stage of criminal investigations of crimes provided for in article 245 of the Criminal Code of the Russian Federation are: examination of the scene, examination of the animal, interrogation of a witness, victim, suspect (accused), appointment and conduct of forensic examinations .

Inspection of the scene, inspection of the animal.

Inspection of animals is not provided for by the Code of Criminal Procedure of the Russian Federation, however, in criminal cases of crimes provided for in Article 245 of the Criminal Code of the Russian Federation, it is carried out very often as part of an investigative action, such as inspection of the scene of an accident. This is due to the fact that in order to obtain and record the most complete and reliable information about the crime, it is necessary to examine not only the dead animal, but also the situation of the scene where this animal was killed and discovered.

Analysis of criminal cases shows that if the specified crime is committed in an apartment, as a rule, places of the highest concentration of forensic information are: corridor, bathroom, toilet, kitchen, balcony.
Often, the crimes provided for in Article 245 of the Criminal Code of the Russian Federation are committed in the courtyards and entrances of houses, can take place in playgrounds (especially if the criminal is driven by hooligan motives), in other cases in basements, attics and other premises (outbuildings), in forest park areas, and also metro.
So, on March 21, 2006, at about 3 p.m. B.S. he grabbed the dog and began to beat it in front of the citizens standing near the ticket offices and passing by, including children. He struck the animal with the knife handle on the head and other parts of the body, knocked out his eye. These actions were accompanied by obscene abuse and the phrase: "Look, now I will kill this bitch." The passengers and metro workers who were present at the same time ran to him and escorted him to the transition, however B.S. began to threaten them. After that, he continued to beat the dog in the passage, dragging it to a place inaccessible to video cameras. As a result, animal rights advocates took the dog to a veterinary clinic, where, despite the efforts of the veterinarians, the dog died on April 3, 2006.
In relation to B.S. law enforcement agencies opened a criminal case under four articles - “Cruelty to animals” (Article 245 of the Criminal Code of the Russian Federation), “Hooliganism” (Article 213 of the Criminal Code of the Russian Federation), “Intentional destruction or damage to property” (Article 167 of the Criminal Code of the Russian Federation) and “ The threat of murder or grievous bodily harm "(Article 119 of the Criminal Code of the Russian Federation).

If a corpse of an animal is discovered at the scene of an incident during a general inspection, the following shall be established and recorded: the place where the corpse was discovered; the position of the corpse relative to the nearest stationary objects located at the place of detection of the corpse, and the distance to them; pose (lies on the back, stomach, side, position of the muzzle and paws, etc.); traces and objects found on the body of the animal and near it.
During the inspection of the animal are established: the type of animal; breed, color, gender, as far as possible the age of the animal; individual signs of the animal (anatomical signs, physical defects, if any, traces of an injury, the presence of a special brand, mark, tattoo, etc.); the nature (type, shape, size) and location (localization) on the corpse or (in case of injury) on the body of the animal of various kinds of damage. In order to most fully identify and accurately describe the characteristics of the animal, it is advisable to involve a veterinarian and livestock specialist in the examination.
If traces of mechanical or thermal effects are detected on the animal’s body, the protocol of inspection records with special care: the place where the traces were found; their number, nature, shape, individual characteristics; applied means to identify traces; technical means and methods of photography, video recording; means and methods of removing traces.
Interrogation of a witness, victim, suspect (of the accused) is an investigative action, by means of which the fixation of ideal traces of the crime (information captured in the minds of people) is carried out.

When conducting a preliminary investigation in criminal cases of cruelty to animals, it is necessary to use both tactical (which is a complex of organizational and psychological interrogation techniques) and technical methods of recording received information (using audio and video recordings). These technical tools make it possible to fill in the missing information in restoring the picture of the crime event. The decision to use certain tactical and criminalistic methods of interrogation should be based on the evolving investigative situation in the case, the procedural position of the interrogated, and his position.
Given the specifics of the crime in question during the interrogation of witnesses, who, as a rule, are eyewitnesses of what happened, it is important to establish for certain:
- when, where and under what circumstances the animal was ill-treated;
- what exactly were the criminal acts or omissions;
- if there were several criminals, then who exactly and what actions did;
- where exactly was the witness at the time the crime was committed;
- who besides him observed a picture of a crime;
- how the criminals reacted to the demands of passers-by to stop criminal actions;
- were young children present during the commission of the crime, etc.
In the latter case, juvenile witnesses (under the age of fourteen) should also be questioned about the circumstances of the crime. An important point is the clarification during interrogation and the reflection in the protocol of this investigative action of the specifics of the child's perception of the very fact of cruelty to the animal.
According to article 191 of the Code of Criminal Procedure, the interrogation of a minor witness must be carried out with the participation of a teacher. Along with the latter, a legal representative of a minor may also be present during interrogation. The importance of the participation of these persons is due to the fact that often this helps to establish contact with the child, to obtain more complete and objective information about the crime from him, to accurately reflect the information received during interrogation in the protocol.

During the interrogation of the victim with particular care, the individual signs of the animal belonging to him, which as a result of the crime was mutilated, should be recorded. It must be ascertained whether the animal was ill with any disease, if so, what exactly and since when, how the animal was left unattended or in the hands of the criminal.
For the application to the materials of the criminal case, the victim may be required to obtain the necessary documents for the animal.
If the victim knew the suspect (accused) and left him his animal for supervision, then it should be found out: what caused the victim to make such a decision, how well he knew the suspect (accused) and trusted him, did the victim instruct the suspect (accused) about how it is necessary to handle the animal (rules for walking and feeding, giving medicines, etc.).
In some cases, when an animal is killed as a result of a crime under Article 245 of the Criminal Code of the Russian Federation, it becomes necessary to present the corpse for identification with the alleged owner. The specified investigative action is often carried out at the initial stage of the investigation, but after the alleged owner gives evidence and indicates by what specific signs he can identify his animal.
When interrogating a suspect (accused), it is necessary to take into account the position held by him (he confesses to committing a crime in full, in part, does not admit his guilt). Depending on this, interrogation tactics are built.
If the suspect (accused) fully pleads guilty, the inquiry officer should seek to obtain and record the most complete information about the deed, paying particular attention to clarifying circumstances such as: how and under the influence of something or whom the suspect (accused) had the desire to commit a crime ; place and time of the crime; sequence of criminal acts; what goals did the suspect (accused) pursue in committing a crime; who, besides him, participated in the commission of the crime and in what exactly the criminal actions of the other participants in the cruelty to the animal were expressed; whether the suspect (accused) committed similar acts in the past and what caused this; Did the suspect (accused) know who the owner of the animal was and in what relations it was with? whether young children or adults were present when the suspect (accused) committed a crime, etc.
If the suspect (accused) partially admits his guilt of the crime, it is necessary to clarify what exactly he considers himself guilty of and what not.

In cases of non-recognition of the guilt of the interrogated, he is invited to state his version of what happened. At the same time, this information should be reflected in detail in the interrogation protocol, especially information regarding the alibi declared by the suspect (accused).
In the case of giving false evidence, an important task of the interrogator is the initial forecasting of the possible causes of intentional distortion of information by the interrogated. This allows the investigator to timely and thoughtfully use the tactical methods developed by the science of forensics to identify the motivation of false testimony based on the situation at the time of interrogation. Moreover, in some cases, this can ensure the effective elimination of intentional distortion of information.

It is important to keep in mind that, unlike a witness and a victim (minors are an exception), who may be held criminally liable for giving knowingly false testimony in accordance with Article 307 of the Criminal Code of the Russian Federation, testifying for a suspect, accused is a right. In this regard, the latter may refuse to provide any information regarding the crime committed.
In practice, very often there are cases of cruelty to animals by minors (i.e. persons who have not reached the age of eighteen by the time the crime was committed).
If a minor, at the time of the commission of the specified crime, has not reached the age of sixteen or has reached it, but due to a lag in mental development not related to a mental disorder, during the commission of a socially dangerous act he could not fully recognize the actual nature and social danger of his actions (inaction) or lead them, he is not subject to criminal liability.
When committing cruel treatment to an animal of a sane minor who has reached the age of sixteen by the time the crime is committed, a special criminal procedure will be applied to the latter, as provided for in Chapter 50 of the Code of Criminal Procedure of the Russian Federation (“Criminal proceedings against minors” smiley.
In this case, during the inquiry in accordance with Article 51 of the Code of Criminal Procedure of the Russian Federation, the participation of the defense counsel as well as the legal representatives of the minor suspect accused in the manner established by Articles 426 - 428 of the Code of Criminal Procedure of the Russian Federation is mandatory.
In accordance with clause 12 of Article 5 of the Code of Criminal Procedure of the Russian Federation, parents, adoptive parents, guardians or trustees of a minor suspect, accused, representatives of institutions or organizations in whose care the minor suspect, accused, guardianship and trusteeship may act as legal representatives.

Appointment and production of forensics.

In criminal cases of cruelty to animals, as a rule, a forensic veterinary examination is assigned and performed, by means of which it is ascertained: the causes of the death or illness of animals, birds; the nature of the disease; the severity of the injuries caused to the animal, as well as the type of weapon to which these injuries were inflicted; timeliness and accuracy of first aid to an animal, etc.
In a number of cases, when investigating criminal cases of crimes provided for in Article 245 of the Criminal Code of the Russian Federation, it becomes necessary to appoint and conduct comprehensive examinations.

So, by veterinary and biological examination, you can establish the type, gender and age of the animal in parts of the carcass. Through a comprehensive medical and veterinary examination, it is possible to determine the species of blood, as well as individual animal tissues, etc.
The most common questions to be clarified by conducting expert studies when establishing the fact of the death or injury of animals as a result of causing mechanical damage to them are:
1. Is there damage to the animal’s corpse? If so, what is the degree of their severity, are they intravital?
2. Is the death of an animal the result of damage to it?
3. How long after the injury did the animal die?
4. What type of tools were injured found on the body of the animal (blunt, stitching, cutting, chopping, etc.)?
5. What is the severity of the lesions found on the animal’s body, are they dangerous to the life and health of the animal, and what are the consequences of causing them?
6. Could the animal itself cause damage found on its body?
7. Are the injuries found on the body of the animal caused to other animals?
8. Is the exploitative value of the animal reduced as a result of its injuries and is not subject to rejection due to loss of ability to work or a sharp decrease in productive qualities?
9. Did the death of the animal as a result of previous injuries not happen?
10. Could the veterinary care provided to the animal prevent its death?
Since in practice there are cases associated with bullying animals by introducing foreign bodies (sticks, sharp metal objects, broken bottles, glasses, stones, etc.) into their bodies, the following questions may be posed to experts:
11. In what way did the foreign body enter the animal?
12. Did a foreign object enter the animal organism in vivo? If so, how long before death? <4>
--------------------------------
<4> See: The forensic book / Ed. ON THE. Selivanova. M., 2007.S. 634.

The most common questions when establishing the fact of poisoning animals are:
1. Was poisoning the cause of the death of the animal? If so, by what substance is it called?
2. How much time has passed from the moment of poisoning to the moment of death of the animal?
3. Could the observed clinical symptoms of changes in the organs of the dead animal, established during the autopsy, be caused by the action of the poison? If so, for what kind of poison are they characteristic?
4. In what way did poisonous substances enter the body of an animal, etc.?

In addition, in criminal cases of cruelty to animals, the expert may be asked whether there is depletion of the animal and, if so, what is the reason that caused this depletion, and what external conditions could contribute to or contributed to faster death of the animal ( prolonged starvation, thirst, etc.), other issues, the formulation of which is determined by the materials of the criminal case, the specifics of the investigation of a specific crime.
At the same time, as practice shows, in many cases such forensic examinations in criminal cases of cruelty to animals are not appointed and are not carried out. In some cases, in the materials of criminal cases there are not even acts of autopsy of the animal.
The main reasons for the spread of this phenomenon in practice can be reduced to the following:
1. Since the commission of the specified crime often takes place along with other more serious crimes, the persons conducting the preliminary investigation tend to collect as much evidence as possible, especially about crimes belonging to the categories of especially grave, grave and moderate crimes. Thus, the appointment and conduct of forensic examinations of animals in some cases fall outside the field of view of officials.
2. Persons conducting a preliminary investigation in criminal cases of crimes provided for in Article 245 of the Criminal Code of the Russian Federation are often limited to conducting an examination, as well as interrogating the victim, witnesses who witnessed the crime, the suspect (accused), believing that this is sufficient to make a final decision on criminal case. However, in our opinion, this position is very doubtful, since no investigative action can replace a forensic examination. Moreover, the lack of expert research in such cases may lead to the incompleteness and one-sidedness of establishing the circumstances included in the subject of evidence.

Based on this, we believe that the appointment and conduct of forensic examinations in criminal cases of cruelty to animals must certainly take place, as the result of such expert studies reveals the true causes of death, as well as the nature and severity of injuries caused to the animal as a result of regarding his crime.
As practice shows, cruelty to animals is often committed by persons who have various kinds of mental illness.
In this regard, the example that took place in Chelyabinsk is very indicative when a criminal case was opened under the art. 245 of the Criminal Code.
Residents of one of the houses in the Northern region constantly found dead animals in the porch. As a result, the boy was taken to the police, where he said that he was saving these animals, trying to cure them, but they almost all died. During the investigation it turned out that Zhenya was registered with a psychiatrist, he had a mental retardation, at the age of seventeen he could neither read nor write. Based on the foregoing, a forensic psychiatric examination was ordered, the results of which showed that the boy was insane.

According to Article 196 of the Code of Criminal Procedure of the Russian Federation, if a person conducting a preliminary investigation of a case has doubts about the sanity of the suspect (accused) or his ability to independently defend his rights and legitimate interests in criminal proceedings, the appointment and conduct of a forensic psychiatric examination is mandatory, during which can be installed:
1. Does the suspect (accused) suffer from any mental illness? If so, which ones?
2. Did the suspect (accused) have a temporary mental disorder during the commission of the crime? If so, could he in this connection give an account of his actions and lead them?
3. Is the suspect (accused) mentally ill at present and does he need to apply medical measures?
4. What medical measures should be applied to the suspect (accused), recognized as insane, suffering from mental illness at the time the crime was committed? Are there any medical contraindications in applying medical measures to the accused?
5. Does the information on the state of mental health of the suspect (accused) contained in the documents submitted for the expert study correspond to the actual state of his health?
In the investigation of criminal cases of cruelty to animals, in addition to those indicated, other types of forensic examinations may be appointed, especially in cases where the criminal act provided for in Article 245 of the Criminal Code of the Russian Federation is committed along with other crimes.


Source: Consultant Program

 

[antidoghanter]

I'll be glad to help