Cruelty to animals: article 245 of the Criminal Code of the Russian Federation. Punishment for committing a crime

Cruising is a huge problem for the whole society. From bullying, occurring daily or hourly, not only stray animals suffer , but also domestic ones. The solution to this problem is in the Penal Code, but there are significant gaps in Article 245.

Higher mammals and birds are subject to crime, which can not be said about 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 domestic or homeless, belongs to the state or the culprit - the responsibility for mockery and murder provided by law must be exercised in all its severity.

Crime against smaller brothers

What is cruelty to animals? Article 245 of the Criminal Code gives an answer to this question. This is the infliction of suffering and pain through physical exertion and the use of mammals in battles that end in a fatal outcome. In addition, acts of violent nature include:

• Systematic beatings;
• Suffocation, drowning;
• Binding of limbs and mutilation;
• Arson of the hair and its pulling out.

Antihuman treatment is also the use of mammals in experiments that bring them suffering. Lack of proper care, for example, leaving in a hot or cold room, complete restriction of the animal in food and water.

Objective and subjective side

The weakest part of the adopted article is the objective side of the crime. By law, deaths or serious injuries inflicted on an animal are punishable. The latter are severe injuries associated with a violation of the integrity of the body or disfigurement of the 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, to institute criminal proceedings .

The use of birds or chords 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 have let a dog go to homeless puppies who have suffered serious injuries incompatible with life.

From the subjective side, criminal responsibility comes for committing a crime:

• From self-interest / hooliganism;
• At children till 14 years;
• Sadistic ways.

What are they attracted to?

For the cruel treatment of animals, Article 245 of the Criminal Code provides for three criteria on which the person is brought to criminal liability:

• The fact of cruelty towards a mammal;
• Death / mutilation of an animal;
• Other conditions: self-interest or hooliganism, sadism, the presence of young children.

If at least one item from the above is not described, then the criminal case will not be instituted.

What punishment does the criminal expect?

A crime aimed at cruelty to animals (Article 245 of the Criminal Code), the penalty provides for a fine to restrict freedom. But alternative methods can be used, depending on the severity of the crime. For example, mandatory or corrective work. The first are appointed by the court for up to 360 hours, the second up to 1 year.

Aggravating circumstances

In the second part of the article for unlawful actions committed by groups of persons, it does not matter, by collusion or organized, the form of punishment will be more strict. A fine is imposed from 100 to 300 thousand rubles. To obligatory works 120 more hours are added, and to deprive the freedom of the criminal the court can for the maximum term of 2 years.

The defenders of the rights of smaller brothers are seeking tougher punishments for cruel treatment of animals (Article 245 of the Criminal Code). With the comments of Greenpeace it is impossible not to agree, because the torture of mammals is the first step towards the moral disintegration of society.