Starting from primitive times, humanity is constantly faced with the need to address issues relating to the morality of society. Practice shows that sometimes people tend to forget about any moral principles. Article 245 of the Criminal Code of the Russian Federation is one example of a legal solution to conflicts arising on this basis.
Attitude towards animals
People sometimes do things that are difficult to explain in terms of morality and decency. In such a situation, they oppose themselves to society and the laws by which it lives. Everyone should respect all that is around him. But sometimes in a fit of aggression or for some other reason, he vents his anger on those who are obviously weaker and can not fight back. Article 245 of the Criminal Code of the Russian Federation is trying to solve one of these problems. It's about cruelty to animals. This refers to acts that, as a result, lead to their serious injuries or death.
Oddly enough, but recently, such situations have arisen more and more often. In addition, part 1 of article 245 of the Criminal Code of the Russian Federation gives clarification regarding the circumstances in which such actions are committed. It says that this can happen:
- From hooligan motives, when a person scoffs and makes a living creature suffer for no apparent reason.
- Due to self-interest. This refers to obtaining material benefits (organizing competitions or betting on battles).
- With the use of sadistic methods, when the animal is tormented, causing him severe suffering.
- At the time of being near small children (if the villain acts in the presence of a child under 14 years old).
Any of these circumstances is in itself an offense. Responsibility comes at a time when there is a real victim (the body of an animal or its body with characteristic injuries).
Fair retaliation
The people who commit such acts are called "flayer". The attitude towards them in society is extremely negative. That is why the law provides for certain types of punishment for such entities. All of them are set out in article 245 of the Criminal Code of the Russian Federation. If one person is guilty of the crime, then in accordance with part 1 he may face:
- a fine, the amount of which may be no more than 80 thousand rubles, or all types of income of a citizen for a period of up to 6 months;
- 360 hours of compulsory work;
- up to a year of corrective labor or complete imprisonment;
- arrest, but not more than 6 months.
To some, such measures may seem too harsh. But in this case, the law sets itself three goals:
- Punishment of the offender for his misconduct.
- The upbringing of the culprit, so that from now on this would not be repeated.
- Edification to the rest.
Having achieved all this, you can count on the fact that society will become more moral and will follow strict moral principles.
Who does the law protect?
Some do not quite understand who specifically protects Art. 245 of the Criminal Code? Based on its very name, it is already clear that we are talking about animals. Moreover, the issue of ownership here does not matter. They may belong to:
- immediate culprit;
- other private person;
- to the state;
- to anyone, that is, to be wild or homeless.
Before the law in this case, all living things are the same. Each of them must be treated accordingly. But it is worth clarifying that Art. 245 of the Criminal Code applies only to vertebrates such as mammals and various birds, which belong to the highest class. The rest, like fish, reptiles and amphibians, do not belong here. Although this does not exclude the need to comply with them within reasonable limits of the same moral standards. In addition, it must be borne in mind that ill-treatment can be expressed not only in a specific action. It is clear that systematic beating or other torture is completely unacceptable.
But sometimes inaction of a person can also lead to grave consequences. If, for example, you leave the animal locked up without food and drink, then his death will be long and painful. A creature caught in a trap experiences no less suffering. That is why such a method of hunting is prohibited by law. There is another serious offense - failure to provide assistance. He also refers to animals and is liable to punishment after appropriate proceedings.
Collective crime
A separate paragraph is allocated in article 245 of the Criminal Code of the Russian Federation cruelty to animals committed not by one person, but by a whole group of people.
This only strengthens their guilt and provides for a more severe punishment:
- a fine to each participant in the incident from 100 to 300 thousand rubles, and if necessary in the amount of wages and all possible types of income of the convicted person for a period of up to 2 years;
- forced labor or imprisonment for the same maximum term;
- compulsory work, the term of which can reach 480 hours.
This is quite fair. The size of the punishment will depend on the circumstances in which the group crime was committed. As practice shows, this can happen:
- spontaneously;
- by prior agreement.
If in the first case there are unplanned actions of citizens, then in the second the misconduct turns into a pre-thought out action. This is no longer a simple hooligan trick when everything happens by chance. The collective nature of the crime suggests that people are clearly aware of their actions and the harm that they cause to a defenseless living creature.
Crime qualification
Any illegal acts committed by citizens against animals shall be punished in accordance with article 245 of the Criminal Code of the Russian Federation. The commentary to it gives detailed explanations of the basic legal concepts and terms relating to this issue.
The first thing to remember is that the object of this violation is directly the animal itself. It was in his direction that human cruelty was directed. The objective side is the actions that are performed in relation to it. They must necessarily contain a constructive sign in the form of injuries or death of a living creature. The subjective side is a kind of intent. It can be direct when a citizen clearly understands what suffering the object will experience. There is also indirect intent. In this case, a person consciously admits that circumstances lead to similar consequences, or simply just does not care what is happening in front of his eyes. And in that, and in another case, the guilt comes precisely when the consequences of cruel tortures are evident or the animal died, unable to bear the torment.