Child killer! What will happen to a minor for causing death and what is the punishment under Article 105 of the Criminal Code of the Russian Federation?

The Law considers as one of the aggravating circumstances of murder a murder committed by a group of persons by prior agreement, without it, or by an organized group. Murder without prior agreement is spontaneous and not planned in advance, unlike the other two options. The concepts of “group of persons with prior conspiracy” and “organized group” differ in co-organization and preparation time. In an organized group, participants have different roles, and the crime itself is prepared in advance, with a careful plan and selection of weapons. A group of persons with a preliminary conspiracy is essentially united only by a common intent to kill and a conspiracy that may arise immediately before the crime.

Classification

In order to qualify murder under this count, the participants must have:

• Single intent (although the motive may be different). If the motive can be additionally qualified in another part, then the sentence will be passed on the totality (murder by a group of persons plus murder based on blood feud, etc.).
• Co-performing by group members. To do this, it is not necessary to directly take the life of the victim; it is enough to actively act in accordance with this goal. If the person holding the victim at the time of murder does not personally inflict fatal injuries on him, but deprives him of the opportunity to defend himself, then he is a co-perpetrator of murder.

In an organized group Art. 33 of the Criminal Code of the Russian Federation distinguishes different roles for its members - organizer, accomplice, instigator, performer, but in the case of this crime, all actions of its participants are qualified without taking into account Article 33, since through different actions all participants contributed to the same intent to take a person’s life.

Types of aggravating circumstances

During the investigation process, the murder is classified according to general characteristics or aggravating ones. It depends on the circumstances, the intentions of the defendant, and the totality of his actions. The list of aggravating circumstances is described in the second part of Article 105 of the Criminal Code of the Russian Federation. From the point of view of the law, it is considered exhaustive, which means that the court or law enforcement agencies cannot supplement it with other signs at their discretion in order to tighten the punishment for the offender.

Murder of two or more persons

Such a crime involves several murders committed at the same time or with a short break. A characteristic feature of this circumstance is that the murders are united by one criminal intent.

The murder of one person and the attempted murder of another, committed by one criminal, does not fit this criterion of aggravating circumstances. But if an attacker killed two people at different times and for different reasons, then this will be characterized as multiple murder, which is also an aggravating feature.

Killing a person because of his official activities

Aggravating circumstances include the deprivation of life not only of an official, but also of his close people, for example, members of his family and friends. The purpose of such a crime is revenge or obstruction of the lawful implementation of duties that are assigned to a citizen by his service.

Official activities mean those actions of a person that are aimed at fulfilling a public duty or satisfying the interests of certain individuals. For example, these could be law enforcement informants.

Murder of a minor or helpless person involving abduction

According to this paragraph, people taken hostage are also treated as persons in a helpless state, because they lose the opportunity to fight for their lives. In other cases, the state is assessed as helpless, when the victim does not have the opportunity to defend himself due to psychological, physical or other circumstances. At the same time, the attacker understands the fact that the victim is limited during the murder.

What is the punishment for murder committed by a group of people?

The punishment for this crime is provided for in Article 105, 2 h, paragraph g, namely:

• imprisonment from 8 to 20 years with a limitation of one to two years;
• life imprisonment;
• the death penalty.

If murder is qualified on other counts, then the court considers it in the totality of these counts.

Murder by a group of people is considered a particularly serious crime due to the fact that it is easier for a group of several people to organize a crime, and then hide its traces and escape themselves.

Administrative liability for cruelty to animals

The Code of Administrative Offenses of the Russian Federation does not provide for liability for cruelty to animals. Administrative liability is provided only for the following actions:

• destruction of animal habitats (Article 8.29 of the Code of Administrative Offenses of the Russian Federation);
• destruction of rare and endangered species of animals (Article 8.35 of the Code of Administrative Offenses of the Russian Federation).

These offenses involve committing them against wild animals, while cruelty to animals applies to both wild and domestic animals.

If you are suspected of a crime under Art. 105, part 2

The definition of a group of persons and the crime itself have many nuances, which, thanks to our experience and extensive practice, we can turn in favor of the client. In some cases, it is possible to reclassify the article to a less serious one, in others - to use mitigating circumstances for the court’s leniency. We will help you collect documents and write the necessary petitions, statements and complaints; We will think over your line of defense in order to achieve the mildest possible punishment; We will defend you in courts of any instance.

Criminal liability under Article 245 of the Criminal Code of the Russian Federation

In order for criminal liability to arise under this article, several circumstances must be present:

• the person who committed this crime must have reached 16 years of age;
• there must be direct intent in the person’s actions - that is, through his actions he consciously wanted to cause death or suffering to the animal;
• There must be a cause-and-effect relationship between the person's actions and the suffering or death of the animal.

Note! Part 1 art. 245 of the Criminal Code of the Russian Federation, as an additional qualifying feature, provides for the killing of an animal in the presence of a minor under the age of 14 years.

Abuse can be expressed in two forms:

• active actions - the animal is struck or shots are fired at it from a weapon;
• passive actions - the animal is kept in a room or other confined space without water and food.

Changes to animal protection legislation

Bill No. 458458-5 “On the responsible treatment of animals and amendments to certain legislative acts of the Russian Federation” is being actively discussed. This bill regulates the keeping of animals and changes other laws to increase penalties for animal cruelty.

This law establishes not only the rights, but also the obligations of animal owners, as well as third parties. For example, grounded rules for walking an animal have been established; the collar must have a tag with the information of its owner; the owner is obliged to prevent the animal from polluting public places; responsibility for this has been established.

It also provides for state registration of animals within three years from the date of entry into force of this law.

In addition, the owner of the animal can no longer leave it on the street, but will be obliged to find a new owner for it or hand it over to a shelter, otherwise he will be fined.

Note! The Law on the Protection of Animal Rights establishes a list of animals whose keeping in apartments of multi-storey buildings is prohibited.

Is it possible to sue an animal killer?

If, due to the deliberate actions of a third party, the animal died, then its owner has two options for behavior:

• apply to the court with a claim for compensation for damage caused - in accordance with Art. 137 of the Civil Code of the Russian Federation, an animal is a thing, and general rules on property apply to it. Thus, if damage is caused to a citizen’s property, the person at fault is obliged to compensate for it, that is, to reimburse the owner for the cost of his animal;
• file a complaint with law enforcement agencies - if the owner of an animal believes that the actions of a third party constitute a crime, he is obliged to contact law enforcement agencies to bring the perpetrator to justice under Art. 245 of the Criminal Code of the Russian Federation.

Responsibility for killing a stray animal

To date, the problem of killing (euthanasia) of stray animals has not been resolved at the federal level. This issue is regulated at the level of legislation of the constituent entities of the Russian Federation. For example, in Moscow, St. Petersburg and other cities there are regional laws on the maintenance and treatment of stray animals.

So Art. 8 of the Law of the Nizhny Novgorod Region “On stray animals on the territory of the Nizhny Novgorod region” dated September 28, 2015 No. 136-Z establishes the following cases of euthanasia of stray animals:

• when defending against an animal that attacks a person;
• if, due to illnesses and injuries, the animal’s further life causes him suffering.

In all other cases, euthanasia of stray animals is not permitted and may result in liability under Art. 245 of the Criminal Code of the Russian Federation.

Is it possible to punish for killing dogs for hooligan reasons?

Part 1 art. 245 of the Criminal Code of the Russian Federation contains such a qualifying feature as hooligan motives when killing an animal. This occurs when a guilty person kills a dog in a showy manner out of disregard for public morality.

When qualifying, it is important to determine that the person who killed the animal did not have a reason for action - for example, extreme necessity. Otherwise, he will be released from criminal liability, as he was defending his life.

When recognizing the actions of such a person as a crime, one should proceed from the circumstances that occurred at the time of causing the death of the animal. If a person was attacked by a dog without a muzzle, which belongs to the so-called fighting breeds, and tried to bite him, then he has every right to defend himself, in which case criminal liability is excluded.

For all questions, we recommend contacting our website lawyers.

Latest questions on the topic: “killing an animal”

Killing an animal

I live in the private sector.
Recently it turned out that neighbors' cats began to disappear. The other day it was my cat’s turn. I know who exterminates animals. Since several years ago, I personally freed cats from traps that my neighbor set. There is no evidence that this person kills cats. What do i do? how to punish a murderer? Kargina Olga, Astrakhan

killing an animal

Lawyer: KRISTINA S

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Hello! Vav needs to write a statement to the police so that they take up this matter.

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Killing an animal

Why doesn't our state check yards and catch stray dogs?
Even with children it’s scary to go out for a walk Veronica, Kazan

killing an animal

Lawyer: Oleg Zuev

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Hello! The responsibility for monitoring the keeping of domestic animals, the improvement of residential areas, including the capture and maintenance of stray animals, in accordance with local regulations (municipal rules), is assigned to local governments. I would advise you to write a complaint (in any form) to the prosecutor's office at your place of residence. Based on the results of your complaint to the prosecutor's office, the latter's employees will conduct a prosecutor's inspection and issue a binding report. In case of non-compliance with which officials of local governments will be punished, and you must be given a written response and the prosecutor's office

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Killing an animal

While visiting our Voronezh Zoo, I observed pictures of complete mockery of poor animals. For example, I will give a situation: I went up to pet a donkey that was tied to a tree on a 10-centimeter leash (under his feet there was sand and not grass), this animal is very strong screamed, I realized that he was thirsty and poured water into his palm, he licked it off as if he hadn’t drunk for a year.. I went up to the employees and asked what the problem was, they answered that donkeys don’t drink water, and when asked what they drink they didn’t answer me... The poor animals are all skinny, they move as if they are going to die right now. The bears are also always screaming, always hungry and without water... where to turn?
Love, Mr.

killing an animal

Lawyer: Alexey Shpadyrev

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Love, hello!

It is best for you to contact the prosecutor's office with a complaint regarding this fact.

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Lawyer: Svetlana Shamanina

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Unfortunately, our legislation provides for liability for cruelty to animals only if the animal is injured or killed. Animals are considered property. Therefore, there are no formal grounds for filing a statement about committing a crime in this case. But you can try to write complaints to higher organizations and the prosecutor's office, with a request to conduct an inspection of the keeping of animals.

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Killing an animal

Hello!
Today we had such an incident, two men I didn’t know, intoxicated while my husband and I were not at home, climbed onto our territory, that is, into our yard and brutally killed our dog, or to be more precise, strangled him with a chain and brutally beat him…. Our neighbors informed us about this, we called the police, wrote a statement, and they were detained. But I’m interested in the following question: what punishment will they suffer for this? Angelika, Kulunda

killing an animal

Lawyer: Olga Sharuda

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Hello, Angelica.

Article 245. Cruelty to animals [Criminal Code of the Russian Federation] [Chapter 25] [Article 245] 1. Cruelty to animals, resulting in their death or injury, if this act was committed from hooligan motives, or from selfish motives, or with the use of sadistic methods, or in the presence of minors, is punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to three hundred sixty hours, or by corrective labor for a term of up to one year, or restriction of freedom for a term of up to one year, or arrest for a term of up to six months. 2. The same act committed by a group of persons, a group of persons by prior conspiracy or an organized group is punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of one to two years, or compulsory labor for a term of up to four hundred eighty hours, or forced labor for a term of up to two years, or imprisonment for the same term.

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Killing an animal

Hello, I don’t know if I’m applying there, but January 17, 2021.
in the area of ​​​​the village of Visly, in a section of the area called “Lopatino”, 3 hunting dogs were brutally killed (2 shots with 5mm shot). An investigator was called to the scene of the incident and conducted an inspection of the area; photographs were taken from the scene of the incident of the killed dogs. Gr. Tarasov, who killed the dogs and was in a drunken state, tried in every possible way to justify himself by the fact that he was defending his goat, which they allegedly attacked, at The investigator, when examining the goat, did not reveal any signs of an attack on the goat; it was calm and healthy. The Administration of the Department of Internal Affairs of Russia also arrived in the Semikarakorsky district of Art. Police Lieutenant E.A. Fedosov with a representative of the Cossack society and began to question everyone about what had happened. From the first actions of E.A. Fedosov, it was clear that they were familiar with gr. Tarasov, a demand was put forward to senior lieutenant Fedosov that gr. Tarasov was examined for alcohol intoxication, but we received a refusal from the senior lieutenant. On 01/18/16 we provided the dog corpses for a pathological autopsy and on 01/22/16 we received a conclusion and several bags of 5 mm shot, the conclusion said “injuries incompatible with life.” Attempts to open a case on the fact of cruelty to animals” and the involvement of gr. We received a refusal to hold Tarasov accountable. As it turned out later, Senior Lieutenant Fedosov treated everything negligently and hid all the facts of what was happening (most likely because of his acquaintance with Tarasov). We really need help, because these were not just dogs, but members of our family. How can we bring to justice not only Count Tarasov but Senior Lieutenant E.A. Fedosova??!!very grateful to you! Ekaterina, Rostov-on-Don

killing an animal

Lawyer: Alexander Skorobogatko

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Hello! Contact the chief of police with a complaint about the actions of police officers.

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Lawyer: Sergey Kolivanov

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Hello, I have to disappoint you.

Despite the fact that the criminal code contains an article on “cruelty to animals”, in this case it is not applicable, because it was simply the killing of an animal, without torturing it, using torture, sadism, etc. Therefore, no matter how carefully the investigation was carried out, it would still be closed.

But you can sue this Tarasov to recover both material damage to both dogs and moral damage, and this amount can be almost any. You have all the evidence for the court.

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Lawyer: Sergey Kolivanov

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“Commentary to the Criminal Code of the Russian Federation: in 2 volumes.”
(article-by-article) (volume 2) (2nd edition) (edited by A.V. Brilliantov) (Prospect, 2015) Cruelty consists of torturing or abusing animals, causing suffering to animals. It can be expressed in beatings, harm to the health of the animal (for example, self-mutilation of the animal, prolonged deprivation of food and water, etc.). Various types of fights between animals (for example, dog fights, cockfights) should also be classified as cruel. Taking this into account, it seems that the quick, practically painless killing of an animal does not form part of this crime. One of the decisions of the Supreme Court of the Russian Federation emphasized: cruel treatment of an animal that resulted in its death is understood as systematic beating, leaving without food and water for a long time and similar treatment of the animal or, for example, a painful method of killing. As follows from the verdict, Naleukhin killed the dog by striking it several times on the head with an unknown object. There is no evidence in the case that Naleukhin’s intent was aimed at causing suffering to the animal and was not given in the verdict (Decision of the Supreme Court of the Russian Federation of February 20, 2007 No. 4-O07-13)

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Lawyer: Sergey Kolivanov

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and one more thing - actions of killing dogs can be fully qualified under Article 167. Deliberate destruction or damage to property (from the point of view of the law, animals are things):

1. Deliberate destruction or damage to someone else’s property, if these acts entailed the infliction of significant damage, is punishable by a fine in the amount of up to forty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a period of up to three hundred and sixty hours. , or correctional labor for a term of up to one year, or forced labor for a term of up to two years, or arrest for a term of up to three months, or imprisonment for a term of up to two years.

Significant damage to a citizen in the articles of this chapter is determined taking into account his property status, but cannot be less than two thousand five hundred rubles.

Therefore, it makes sense to contact the police with a statement to bring him under Art. 167 of the Criminal Code of the Russian Federation, and in case of refusal, contact the prosecutor’s office.

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Killing an animal

When we returned from work, we discovered that there was no dog, we looked at the surveillance camera, saw that it was running around in the territory of the house, then the neighbors (not Russians) came out and said they wouldn’t hate us.
They started calling her and she jumped over the fence. Further in the video you can see how she went to them and did not leave them, then they all started running, they say that she ran away, the dog never ran away but not anywhere, neither alive nor dead. The next day, the neighbors were washing the car's soot. How can you prove something here? And now they go around laughing...like the Earth bears such people. Anastasia, Khabarovsk

killing an animal

Lawyer: Azizbek Yusupov

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If you prove that it was they who killed, then you can prosecute

Article 245. Cruelty to animals [Criminal Code of the Russian Federation] [Chapter 25] [Article 245] 1. Cruelty to animals, resulting in their death or injury, if this act was committed from hooligan motives, or from selfish motives, or with the use of sadistic methods, or in the presence of minors, is punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to three hundred sixty hours, or by corrective labor for a term of up to one year, or restriction of freedom for a term of up to one year, or arrest for a term of up to six months. 2. The same act committed by a group of persons, a group of persons by prior conspiracy or an organized group is punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of one to two years, or compulsory labor for a term of up to four hundred eighty hours, or forced labor for a term of up to two years, or imprisonment for the same term.

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Lawyer: Ilya Kostromov

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It’s a pity for the dog, but under these circumstances it’s unlikely that we’ll be able to prove anything. The evidence is clearly not enough.

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