有损伤迹象的活体动物法医学检验实践

I. Yatsenko, O. Parilovsky
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引用次数: 0

摘要

乌克兰《刑法典》第299条第1部分的处理规定了虐待动物的刑事责任,包括以伤害形式造成身体伤害的刑事责任。然而,法规和科学文献来源没有包含动物切割概念的定义及其建立程序。因此,本研究的目的是分析动物身体损伤的法医兽医检查实践,从而导致损伤。文章表明,提交人对“动物残割”的定义是,由于受伤或其后果、先天畸形、疾病、事故导致任何器官或动物身体部位完全或部分丧失,或仅导致器官或动物肢体功能完全或部分失去,导致动物健康持续紊乱,在动物与环境的相互作用中,可能导致提供相同物种的其他动物水平的生理表现的能力的永久丧失或显著限制(营养、繁殖、空间中的定向和运动、动作的协调、自然生活方式、与其他动物的接触、自卫、执行有用工作的能力等),并由于变形导致的身体部位残缺和身体缺失而扭曲动物的外观。有损伤迹象的活体受试者法医兽医检查的目的是确定动物健康损害的位置、性质、严重程度、损伤的性质、与损伤有关的动物残疾程度,以及解决法医兽医专家能力范围内的其他任务,以及应任命专家或让专家参与的机构或人员的要求。据指出,法医兽医检查对象是活体实验动物,以确定其是否被切割,包括虐待或其他非法行为的受害者,以及先天畸形的迹象、繁殖过程中出现的病理状况、动物的剥削和运输;事故。经查明,为确定其残肢而对该受试者进行法医学检查的受试者是受过高等兽医教育、受过专家专业18.1“兽医研究”法医学检查培训并具有法医学专家资格的兽医。在决定对造成其伤害的动物造成身体伤害时,法医兽医专家必须使用“确定动物健康损害严重程度的法医兽医规则”和“确定动物伤害的法医兽医检查方法”,法医兽医检查。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The practice of live animal’s forensic veterinary examination with signs of injury
The disposition of Article 299 Part 1 of the Criminal Code of Ukraine provides criminal liability for animal’s cruel treatment, including for inflicting bodily harm in the injury form. However, regulations and sources of scientific literature don’t contain a definition of the animal mutilation concept and the procedure for its establishment. Therefore, the aim of the study was to analyze the practice of forensic veterinary examination of animal’s bodily injuries, which resulted in injury. The article shows that the author's definition of "animal mutilation" is a persistent disorder of animal health due to injury or its consequences, congenital malformations, diseases, accidents that led to complete or partial loss of any organ or animal body part, or to the total or partial loss of only the functions of the organ or parts of the animal's body, which in the interaction of the animal with the environment may lead to permanent loss or significant limitation of the ability to provide physiological manifestations at the level of other animals of the same species(nutrition, reproduction, orientation and movement in space, coordination of movements, natural lifestyles, contact with other animals, self-defense, ability to perform useful work, etc.), and distorts the appearance of the animal due to mutilation of body parts due to deformation, and their physical absence. The purpose of a live subject with signs of injury forensic veterinary examination is to determine the location, nature, severity of damage to animal health, nature of the injury, the degree of disability of the animal in connection with the injury, as well as solving other tasks within the competence of forensic veterinary expert, as well as at the request of the body or person who appointed the expertise or involved the expert. It was stated that the forensic veterinary examination objects are live experimental animals in order to establish their mutilation, including victims of abuse or other illegal actions, as well as signs of congenital malformations, pathological conditions that developed during breeding, animal’s exploitation and transportation; accidents. It was found out that the subjects of forensic veterinary examination of the subject for the purpose of establishing its mutilation are veterinarians who have higher veterinary education, have been trained in forensic veterinary examination in the expert specialty 18.1 "Veterinary Research" and have the forensic veterinary expert qualification. When deciding on the infliction of an animal bodily injuries that caused its injury, the forensic veterinary expert must use the "Rules of forensic veterinary determination of the severity of damage to animal health" and the "Methodology of forensic veterinary examination of animals to determine their injury". Key words: animals, mutilation, injuries, ill-treatment, forensic veterinary examination.
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