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

[Патрушев Михаил Владимирович]

Hello, Eugene! If your policemen opened a criminal case, then they are obliged to withdraw the gun from the suspect within the framework of the investigation, to appoint and conduct a forensic examination. Upon completion of the examination, there will be evidence base. In addition, if the district or opera officer is normal, they should have their own base such persons in the territory they serve, i.e. characterization and lifestyle, hobbies and habits, propensities for sadism, etc. Plus, your cat was shot for sure in the village, which is prohibited by law!
Also contact your local hunting union, hunting manager. Write complaints to the prosecutor.

 

[Москва Детектив]

Eugene, good afternoon. If the suspicion of subchika is 100%, call 8 (985) 776-29-89. Gather information, and then take drastic measures. This is not the first case of dealing with a dog hunter problem.
Regards, Oleg.

 

[Адвокат]

Hello, Eugene.
Filing an application is not enough.
Firstly, the actions described by you in the application should fall under the signs of corpus delicti provided for by the article to which you refer. Carefully review all my posts on this topic and try (in addition to your first application) to describe in detail the crime committed (if you did not do so in the already filed application).

I found some more recent court sentences for cruelty to animals (Article 245 of the Criminal Code of the Russian Federation) posted here: viewtopic.php? F = 104 & t = 4404

Be sure to track the fate of your statement. Within 10 days, they must make a decision on it - either to institute criminal proceedings, or to refuse to institute criminal proceedings.

If the second happens - appeal this decision to the prosecutor. And in order to get an opportunity to see what materials were collected during the audit, you can appeal the decision in court. In this case, you get an opportunity to familiarize yourself with the verification materials of your application in order to prepare for the trial of your complaint.
The police are unlikely to let you read the material. Based on the content of the material, it will be possible to determine its perspective.

In any case, you did the right thing by contacting the police with a statement. The bastard will not stop at one animal. He needs to be stopped.
The police will be able to put one statement under the cloth, but if all the owners of the affected animals make such statements, they will still have to work.

In any case - good luck to you!

 

[Jasmin_ka]

Good evening! Many thanks to everyone who answered and who did not remain indifferent to our cause.
We didn’t really have a district police officer, they didn’t even want to accept the application, and said that the maximum that could be attached is 167 Criminal Code (intentional destruction of property), and 245 "no one initiates proceedings." And the boss is the matchmaker of the non-people whom we suspect. Already turned blue with anger when they applied today.
Dear Lawyer, I re-read your posts - they contain a whole storehouse of information. Thank you for the link !!!
We have at our disposal the conclusions of two veterinarians - the primary from the attending physician of the private clinic and the autopsy report, which says that the cat died from gunshot wounds to the heart, liver, etc. and a lot of blood loss.
Therefore, it seems to me that 245 is just our case.
4 grains were removed from the cat, which affected the most important organs, and many more were not taken out.
In addition, at the place where they shot him, 4 more grains were found. All are uneven, self-made.
They shot at 20 meters from our house, in the village, with firearms - therefore, Article 213 (hooliganism) is also indicated in the statement. In addition, indicated 20.13 KOAP (shooting in the village). They wrote, as it seemed to me, all that is possible ...
As for the description of the crime - unfortunately, we did not see how he shot, we only heard the shot. Therefore, the description turns out to be scarce - they found a cat that crawled home in blood, followed in the footsteps - they saw a pool of blood near the neighbor’s house, grains next to it in the ice, picked them out. Judging by the scratches on the ice, their trajectory can be assumed, they flew just from the neighbor’s house. A small scatter and a high concentration of fraction in the cat's body - perhaps also confirm that the distance was not large. I am not an expert of course .... and all these are just assumptions ...
Dear Advocate, you wrote that there is an opportunity to look at the collected materials - most likely you need to wait for the decision (as I understand it, they make it 30 days ????), and only then appeal it in court? Or apply to the court now, at the stage when we just filed a complaint with the police, and monitor the paperwork?
“Under the cloth” we already have one statement - 2 years ago the same cat was crippled, and then we were told that we were slandering, and the cat was hanging around in the middle of nowhere - they shot him there and nobody shot in the village. But now - all the evidence on hand!
Private investigator Anzhero-Sudzhensk Kuzbass, you spoke about forensic expertise - what if he brushed his gun ...
Can the examination determine that the fraction that we have was released from this particular rifle?
You also advise contacting the hunting union - what should we learn from them? Is a hunter registered in a neighboring house? Perhaps this is private information, and they will not want to disclose it ....
You also advise writing a complaint to the prosecutor - is it possible to write a complaint without waiting for a criminal case to be initiated, right away?
With a neighbor, we have long tense relations, and many cats have disappeared - they are constantly shooting. And on this day, they nearly got into a fight - he ran out with a shovel, and his wife declares that there is nothing to spare for some cat. It seems like an old man, the cat himself has ... We moved to this place about 6 years ago, and since then he has stated that our family is nobody here. He has some kind of dislike ....
Oleg, thank you for your offer, but I can’t say for 100% that it is he - I have only 99% confidence in me ...
In any case, no matter how hard they try to cover up the case or “start” under the wrong article — I will do my best to give him a move, and even if we don’t have the strength to prove the neighbor’s guilt - perhaps our appeal will give him reason to think and stop shooting animals.
I am grateful to all of you !!!!!!!

 

[Симферополь]

Can the examination determine that the fraction that we have was released from this particular rifle?

Hello, Zhenya!
1. Unfortunately, due to the fact that the barrel of the hunting rifle is smooth, ballistic examination does not conclude that "this fraction" is released from "this weapon". But this does not mean that it is not necessary to carry out work aimed at the removal of weapons, because the possible conclusion that "the fraction presented for research MAY BE released from the WEAPONS submitted for research" may be accepted as indirect evidence.
2. I think the most real evidence in this case will be the testimonies of our neighbors that our “animal friend” loves to spend their leisure time shooting at live targets. From eyewitnesses of past shootings, you need to get firm consent to confirm the facts they saw when you visit the department. In addition, do not forget that in order to qualify a crime under the article “Cruelty to animals” it is necessary to prove that the animal was tormented, otherwise it will turn out how absurd it sounds “just killing an animal”, but there is no such article in the Criminal Code. In more detail on the qualifying signs of this corpus delicti, Ms. Advocaat dealt earlier in this topic.
3. How do you get around a relative in uniform? Probably, with the inaction of the mentioned person, and confirmation of information about the degree of kinship, complain to the higher management. In the light of recent events related to the disbandment of some territorial branches and the removal of a number of leaders, this can have a real effect.
4. In addition to everything else, I do not urge you to give false evidence, but ... You must understand that if you are not 100% sure, but only 99, then you give the defendant an extra chance to avoid criminal liability, even if all You will be able to overcome previous procedural (bureaucratic) obstacles. You must understand that you must be more determined. By law, all doubts about the guilt of a person are interpreted by the court in his favor.

With all respect, Andrew. Crimea. KDA "Secret Service".

 

[Jasmin_ka]

Andrey, good afternoon!
Thank you for the invaluable tuning advice! After reading your post, both myself and my parents were determined and 100% sure.
As for your note “just killing an animal”, I think no one will doubt that the cat died almost a day with many wounds. The veterinarians who performed the autopsy were surprised that he had held out for so long. In their opinion, with such injuries, the cat should have died immediately. Our attending veterinarian carried out therapy, put a dropper, gave injections, and reassured us that since the cat did not die right away, that is, the hope that he would survive .... Therefore, no matter how convincing the arguments are, I think it's hard to call such a painful death ... Thank you for paying attention to this fact, we will prove with particular pretentiousness that the cat was tormented.
Regarding weapons - yes, unfortunately, the expertise is not omnipotent, and the gun may not give us much-needed clues. On your advice, we demand that an examination of the suspect's gun be carried out. And also it may make sense to focus on finding out the trajectory and demand clarification of the place from which the shot was fired. In our opinion, the shot was fired from the territory of the neighbor’s front garden (he has a fence from the netting).
In your opinion, can there be traces of a charge (sulfur ??) on the earth after a shot? May require land samples from the intended location?
I am full of strength to continue the struggle !!! Thank!!!!!

 

[Jasmin_ka]

Good day!
Please tell me when the matter will be opened and people will come to inspect the scene of the incident - is it possible to record all actions on a video camera?

 

[Симферополь]

Zhenya, traces on the surface of the earth, if any, can only prove that a gunshot wound to the animal was caused at this place, but this is unlikely to tell about the location of the weapon relative to the target, because the passage channels of the fraction in the ground were probably not preserved, and the location of the animal’s body on the ground at the time of the shot is also not known. In the process of proving, such a conclusion may also have the meaning of indirect evidence.

There are questions for you: what is the approximate distance from the place the charge enters the animal to the neighbor’s fence? Have you heard one or more shots? Which of the neighbors was at home at the same time (in the yard)? Who, besides you, heard the shot? Who can confirm that before and after the shot there was nobody on the street, no one walked along the street (this will confirm that since there was no stranger and no one left the scene after the shot, then the shooter remained in place, i.e. in your yard or house)?

It makes sense to look for the plastic container (s) or wad (s) (usually folded from newspapers or felt, small, the size of the inner diameter of the hunting cartridge), usually between the location of the victim and the shooter during the shot. Maybe you are lucky. World forensics knows thousands of examples when a wad was able to identify the shooter.

NB! Naturally, do not touch the discovered evidence by yourself, but invite an authorized official to draw up a protocol for examining the scene of the incident.

If you fail in the fight against evil, we recommend that you contact the public anti-doghunter movement to post factual information about the person involved in sadistic acts in the public domain.

Well, of course, it was worth starting with this, we recommend that you contact a qualified private detective in your area. Our colleague, Oleg, has already offered you his services. This will save at least your time and nerves.
Good luck to you!

 

[Jasmin_ka]

Andrew, thank you for the advice!
In order of answers to the questions:
The distance from the place where the spots began and the fraction was found is about 15-20 meters;
The shot seems to have been one;
Since it was Sunday morning (around 9), it is unlikely that anyone heard ... probably still slept ... I’ll ask the neighbors for sure;
I’ll also ask the neighbors if anyone went out on the street or maybe (not) saw people on the street.
We will try to search for wads yet, but at first glance we didn’t get caught, we were already looking for ....
And the authorized officials, it seems to me, will try by all means to interfere and not give cause to the case - they already tried to mislead their parents when they came to submit an application - they poked a finger in Article 245 part 2 (by conspiracy or a group of persons ) and said that this is not our case and in general there is no corpus delicti ....
Today we remembered an important (in my opinion) detail - a neighbor intentionally threw snow on the track ... although usually the snow is removed on the contrary .... And it was also recalled that last year, when they fired, they clearly heard two shots.
Regarding the appeal to a private detective - a tempting offer, it is worth considering))
On Saturday we will make the first test call to the district police officer - ask how our business is doing - it will be the 4th day after submitting the application.
I want to record all negotiations / communication with the police on a voice recorder or video - can this be done?
Thanks again for the invaluable support!

 

[Адвокат]

1) The decision to initiate a criminal case or to refuse to initiate a criminal case must be made within 10 days, so call both the district police officer and the head to make it clear that you intend to decisively seek to bring the villain to justice.
After 10 days, you can complain to the prosecutor about red tape.

2) I doubt that someone will inspect the scene of the incident, even if there are problems with receiving the application.
Invite 2-3 people, sketch the scene yourself, measure and indicate on the diagram the distances that may be relevant to the case. Take a picture and video of all the traces of the crime, the scene of the incident, the binding of the villain’s house to the scene of the incident and your home. Demand that all those present at your examination be questioned (if the case is still brought). Be sure to request that the fact of the transfer of the collected materials be formalized by a seizure protocol (carried out in a criminal case, it is better not to transmit such evidence before it is opened)

3) record negotiations with the police, only for the time being do not tell the police about this - people are different ... In the best case, the recorder will be taken away ....