Livestock is a huge problem for the whole society. From bullying occurring daily or hourly, not only homeless animals, but also domestic animals suffer. The solution to this problem is in the Criminal Code, but there are significant gaps in article 245.
Higher mammals and birds are the subject of crime, which cannot be said of amphibians, fish, invertebrates and reptiles. Based on the meaning of the article, they have nothing to do with animals. In addition, it does not matter whether the pet is homeless or homeless, belongs to the state or the perpetrator - responsibility for the mockery and murder provided for by law should be carried out in all its strictness.
Crime Against Lesser Brothers
What is animal cruelty? Article 245 of the Criminal Code of the Russian Federation provides an answer to this question. This is the infliction of suffering and pain through physical impact and the use of mammals in battles that end in death. In addition, violent acts include:
- systematic beatings;
- asphyxiation, drowning;
- limb binding and crippling;
- burning the hair and pulling it out.
The inhuman treatment is also the use of mammals in experiments that bring them torment. Lack of proper care, for example, leaving in a hot or cold room, the complete restriction of the animal in food and water.
The objective and subjective side
The weakest part of the adopted article is the objective side of the crime. The law punishes death or serious injury to an animal. The latter are severe injuries associated with a violation of the integrity of the body or disfigurement of a mammal. But, if the pet was severely beaten, hungry for a long time or did not receive water, while remaining alive, then there are no grounds, according to the Criminal Code of the Russian Federation, to institute criminal proceedings .
The use of birds or chordates in bloody tournaments, battles or baiting is also classified as animal cruelty. Article 245 of the Criminal Code of the Russian Federation, for example, recognizes as unlawful the actions of persons who let a dog into homeless puppies who received serious injuries incompatible with life.
On the subjective side, criminal liability arises for the commission of a crime:
- from greed / hooliganism;
- with children under 14 years old;
- in sadistic ways.
What is attracted to?
For animal cruelty, article 245 of the Criminal Code provides for three criteria by which a person is prosecuted:
- the fact of cruelty to a mammal;
- death / mutilation of the animal;
- other conditions: self-interest or hooliganism, sadism, the presence of young children.
If at least one of the items described above is not available, then a criminal case will not be opened.
What punishment awaits the criminal?
Crime aimed at cruelty to animals (article 245 of the Criminal Code), the punishment provides from a fine to restriction of liberty. But alternative methods may be used, depending on the severity of the crime. For example, compulsory or correctional labor. The former are appointed by the court for up to 360 hours, the latter up to 1 year.
Aggravating circumstances
In the second part of the article, for unlawful acts committed by groups of persons, it does not matter, by conspiracy or in an organized manner, the form of punishment will be more severe. A fine is imposed from 100 to 300 thousand rubles. An additional 120 hours are added to compulsory work, and the court can imprison a criminal for a maximum period of 2 years.
Advocates of the rights of the smaller brothers are seeking stricter penalties for cruelty to animals (article 245 of the Criminal Code). It’s impossible to disagree with Greenpeace’s comments, because the torture of mammals is the first step towards the moral decay of society.