Cruel reception: knackers may be required to undergo psychiatric examination
The State Duma has proposed to conduct mandatory psychiatric examinations for people who are accused of cruelty to animals. According to the author of the project, this will help identify mental illnesses in such people, which will allow them to begin treatment and reduce the risk of committing serious crimes. Izvestia found out the details of the bill and discussed with a psychiatrist and a lawyer the prospects for its adoption.
Mandatory examination
The State Duma has proposed to conduct mandatory forensic psychiatric examinations for people accused of cruelty to animals. The corresponding bill was introduced by Deputy Georgy Arapov from the New People faction, the document is posted in the Duma electronic database.
"The draft federal law <...> proposes to establish that the appointment and conduct of a forensic examination is mandatory if it is necessary to establish the mental state of a suspect accused of committing a crime under Article 245 of the Criminal Code of the Russian Federation (Cruelty to Animals)," the explanatory note says.
The accompanying documents cite data from the Ministry of Internal Affairs, according to which 656 such crimes were registered in Russia in 2024, but punishments for them were usually limited to fines or compulsory labor, and cases of prescribing treatment were rare. Courts often do not order an expert examination unless obvious psychiatric disorders are identified, which reduces the effectiveness of responding to crimes, the author of the project believes.
According to the deputy, cruelty to animals can indicate severe psychological problems and be a harbinger of violence against people, especially for teenagers. The bill is aimed at early diagnosis of abnormalities, which will allow the necessary treatment to be prescribed to the accused.
The importance of the initiative
As lawyer Sean Betrozov explains to Izvestia, the bill proposed in the State Duma is aimed at eliminating legal uncertainty regarding the assessment of the mental state of persons accused of cruelty to animals. It is associated with the need for early detection of individuals who pose a potential threat not only to animals, but also to society as a whole.
— In Russian practice, there are cases when the defendants under Article 245 of the Criminal Code of the Russian Federation suffered from mental disorders, but this was not revealed at the investigation stage. The new initiative eliminates the gap and establishes the norm according to which such persons are subject to psychiatric examination, regardless of the external impression of their behavior, says the lawyer.
On the other hand, adds Ruslan Isaev, a psychiatrist and head of the psychiatric and drug treatment clinic of Dr. Isaev, the examination will make it possible to assess the condition of the accused and determine whether he needs legal influence or treatment and supervision. Potentially, cruelty to animals can be a manifestation of psychopathy, schizophrenic spectrum, intellectual disabilities, or simply a consequence of an unfavorable environment, trauma, and aggression that has no outlet.
"The procedure allows us to make an important distinction: we are looking at a person with serious mental disorders, accentuated (that is, pronounced, but not pathological) character traits, or a criminal trying to avoid responsibility by referring to "affect" or another condition," says the psychiatrist. "This is important, because it's one thing — a person who fakes and the other is a patient with psychotic experiences, for example, with a "voice" ordering the killing of animals "in the name of a higher purpose." In this case, the person needs urgent medical attention.
What is a psychiatric examination for?
In general, in the framework of the criminal process, a forensic psychiatric examination is an important means of establishing circumstances that affect the possibility of bringing a person to justice, explains lawyer Sean Betrozov. First of all, it allows us to find out whether the accused could have been aware of the nature of his actions and directed them at the time of the commission of the act. This is called a sanity check.
— In addition, the examination provides an answer to another important question. Can a person participate in criminal proceedings, that is, understand what is happening, give evidence, and use the help of a defense attorney? If it cannot, the case is suspended until the ability to participate in the process is restored," the lawyer explains.
According to the law, an expert examination is conducted if, during the preliminary investigation, there are grounds to believe that the accused is suffering from a mental disorder. This can be established based on medical documents, a doctor's opinion, an investigator's observation, or the results of interrogations.
— In practice, an examination is appointed in cases where the accused behaves inappropriately, has signs of deep apathy or aggression, does not react to what is happening, or was previously on psychiatric registration. The statements of the defender, relatives and other participants in the process are also taken into account," says Sean Betrozov.
The proposed initiative proposes to expand the grounds for the appointment of an expert examination. Now it must be carried out in the presence of the very fact of the accusation of cruelty to animals. That is, the existence of charges under Article 245 of the Criminal Code of the Russian Federation in itself will be considered sufficient grounds for a psychiatric examination. This simplifies the procedure and removes the obligation from the investigating authorities to prove the existence of preliminary grounds for conducting an expert examination.
What will the law change?
If an appropriate law is passed in Russia and an examination is conducted in cases of animal cruelty without additional justification, this will create uniformity in investigative and judicial practice, says Sean Betrozov. Selectivity and a subjective approach will disappear, all cases of this category will be accompanied by a mandatory mental state check of the accused.
— Firstly, it will allow more accurate identification of people with serious disorders. Currently, some of these individuals are being held accountable without regard to their insanity. This creates risks of violating their rights and makes criminal punishment meaningless from the point of view of correction," the Izvestia interlocutor notes.
Secondly, he adds, mandatory expertise will create conditions for the application of other measures if criminal punishment is impossible. We are talking about compulsory medical treatment, which is carried out by a court decision based on an expert opinion.
Finally, the new rule will make it possible to avoid repeat crimes if the diagnosis is made at an early stage. This is especially important in cases where the accused has signs of socially dangerous behavior, but he has not previously come to the attention of doctors.
— If during the examination it is established that the person suffers from a mental disorder that excludes his sanity, the criminal case will be terminated. Instead of punishment, the court may impose compulsory medical measures — outpatient supervision, referral to a clinic or placement in a specialized hospital. The choice depends on the degree of the disorder and the nature of the act committed," explains the lawyer.
In addition, if the disorder does not exclude sanity, but has an impact on behavior, the court may recognize this as a mitigating circumstance. This will make it possible to impose a more lenient punishment, as well as provide additional control after release.
Thus, psychiatrist Ruslan Isaev adds, the examination can work both ways. On the one hand, it allows you to recognize those who pose a real danger to yourself and others, on the other hand, it protects the accused from misqualification of actions and improper punishment if their condition is caused by a disease. And at the same time it can be the prevention of more serious crimes.
— Finding deviations allows you to register a person, organize supervision, and, if necessary, restrict his access to animals, children, weapons, and other risk factors. This gives the state the opportunity to respond in advance to a potential threat," concludes Sean Betrozov.
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