Article 245 of the Criminal Code of the Russian Federation on possible manifestations of human cruelty

Beginning with primitive times, mankind constantly faces the need to resolve issues relating to the morality of society. Practice shows that people tend sometimes 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 ground.

Relationship to animals

People sometimes do things that are difficult to explain from the standpoint of morality and decency. In this situation, they oppose themselves to society and the laws by which it lives. Everyone should respect with respect to everything around him. But sometimes, in an attack of aggression or for some other reason, he pushes his anger at those who are obviously weaker and can not rebuff. Article 245 of the Criminal Code is trying to solve one of such problems. It's about cruelty to animals. They refer to acts that result in their severe mutilation or death as a result.

Strange as it may seem, recently such situations have appeared more often. In addition, part 1 of Article 245 of the Criminal Code of the Russian Federation provides clarification as to the circumstances under which such actions are committed. It says that this can happen:

1. From hooligan motives, when a person mocks and makes a living being suffer for no apparent reason.
2. Because of self-interest. Here we mean the receipt of material benefits (the organization of competitions or bets on fights).
3. With the use of sadistic methods, when the animal is tortured, causing him severe suffering.
4. At the time of finding a number of young children (if the villain acts in the presence of a child who has not reached the age of 14).

Any of the listed circumstances is in itself an offense. Responsibility comes at a time when there is present a real victim (the corpse of an animal or its body with characteristic injuries).

Just retribution

People in the people who commit such acts are called "bucklers". The attitude towards them in society is extremely negative. That is why the law provides for certain subjects of certain types of punishment. All of them are set forth in Article 245 of the Criminal Code of the Russian Federation. If one person is guilty of a perfect crime, then in accordance with Part 1 he may be threatened:

• A fine, the amount of which can not be 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 one year of correctional labor or complete deprivation of liberty;
• Arrest, but not more than 6 months.

To someone, such measures may seem too harsh. But in this case, the law sets three goals:

1. Punishment of the offender for the offense committed by him.
2. Education of the culprit, so that in the future like this did not happen again.
3. The edification of the rest.

Having achieved all this, one can count on the fact that society will become more moral and will follow strict moral principles.

Whom does the law protect?

Some do not quite understand who is specifically defending Art. 245 of the Criminal Code? Based on its very name, it is already clear that we are talking about animals. And the issue of property here does not matter. They can belong:

• To the immediate culprit;
• Other private person;
• The state;
• No one, that is, be wild or homeless.

Before the law in this case, all living beings are the same. Each of them must be treated accordingly. But it is worth to clarify that Art. 245 of the Criminal Code concerns only vertebral-type mammals and different birds that belong to the upper class. The rest, like fishes, reptiles and amphibians, do not belong here. Although this does not exclude the need to comply with them within reasonable limits of the same norms of morality. In addition, we must take into account that ill-treatment can be expressed not only in a specific action. It is clear that systematic beatings or other torture is absolutely unacceptable.

But sometimes the inaction of a person can also lead to serious consequences. If, for example, to leave an animal confined without food and drink, then its death will be long and painful. No less suffering suffers a creature caught in a trap. That is why such a method of hunting is prohibited by law. There is one more serious misdeed - failure to provide assistance. He also applies to animals and is punishable after appropriate proceedings.

Collective crime

A separate point is set out in Article 245 of the Criminal Code of the Russian Federation, cruel treatment of animals, committed not by one person, but by a whole group of individuals.

This only intensifies their guilt and provides for a more severe punishment:

• A fine for each participant of 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 period;
• Mandatory work, the duration of which can reach 480 hours.

This is quite true. The amount of punishment will depend on the circumstances under which a 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, in the second case it turns into a premeditated action. This is no longer a mere hooligan trick when everything happens by accident. The collective nature of the crime suggests that people are clearly aware of their actions, and the harm they cause to a defenseless living being.

Crime Qualification

Any unlawful 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 main 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 considered to be actions that are committed in relation to it. They must necessarily have a constructive sign in the form of mutilation or death of a living being. The subjective side is a kind of intent. It can be direct, when a citizen clearly understands what suffering the object will suffer. There is also an indirect intent. In this case, a person consciously admits that circumstances lead to similar consequences, or simply carelessly observes what is happening before his eyes. And in that, and in another case, wine comes exactly when the consequences of cruel tortures are visible or the animal died, unable to withstand the torment.