How? It’s simple!
You just need to come forward, admit guilt and cooperate with the investigation, the course of which raises many questions. The main one is the lack of examination of the thermal imaging sight of the murder weapon and the investigative experiment at the crime scene. Mikhail’s gun itself was not bad, but the thermal imager for it was of very high quality (price about 200,000), by looking into it you can definitely understand who is in front of you – an animal or a person.
Only an examination and investigative experiment can answer this question. The examination will show whether from the distance from which Mikhail shot, under the same weather conditions, it is possible to see the silhouette of a person or not.
Most experienced hunters are confident that a high-quality thermal imager will allow you to distinguish the silhouette of a person from the silhouette of an animal in any weather.
“A real hunter should not, entering the forest, shoot at everything that moves and clearly understand what is in the direction of the shot. No one has canceled the main rule of a hunter: “don’t shoot until you are sure that you are aiming at an animal and not a person,” says hunter Sergei.
However, the investigators chose to limit themselves to Mikhail’s confession and testimony and quickly close the case, completing the investigation in case No. 1-60/2022 and transferring it to the Yasnogorsk District Court of the Tula Region for sentencing. A reasonable question arises: why did the investigators make such a decision, why did they decide not to investigate and not conduct an investigative experiment in violation of the required investigative actions?
Mikhail’s actions can be classified under two articles – murder (Part 1 of Article 105 of the Criminal Code of the Russian Federation), the maximum punishment is 15 years in prison. Or causing death by negligence (Part 1 of Article 109 of the Criminal Code of the Russian Federation), the maximum penalty is 2 years of imprisonment. And since Mikhail committed murder for the first time, punishment in the form of imprisonment may not be applied, and he can only get away with a fine, and now attention – for causing moral damage!! The murder of a person in Russia is estimated at 300 – 500 thousand rubles of moral damage! At the same time, our law allows us to apply much more stringent punishments, for example, for illegal hunting up to 5 years in prison, theft of a bag or clothes – up to 5 years, killing a Red Book animal – up to 9 years, illegal entrepreneurship up to 5 years. And by the way, for illegal hunting, which he is also charged with, he can be imprisoned, but if they prove that on the day of killing a person, he shot an animal. This has not yet been proven, and Mikhail, naturally, claims that he did not shoot anyone else. His neighbors say that Mikhail is an avid hunter and often goes into the forest with a friend with guns, but how legal this is is the whole question and maybe the investigative authorities will look more closely in this direction.
This is far from the first precedent in our country. Judicial practice proceeds from the fact that for causing death as a result of a shot while hunting, the court can sentence the perpetrator to a suspended sentence or send him to forced labor. However, such punishment is not always fair. Especially when it comes to individuals who regularly use firearms. They must be more aware than anyone else of the consequences of an erroneous shot and bear special responsibility for it. The punishment for deprivation of life for them in some cases should be harsher and correspond to the nature and degree of public danger of the crime,” says lawyer Sergei Uzdensky, head of the law office “Afanasyev, Uzdensky and Partners.”
However, our reality allows us to clearly say that human life is not the highest value, and the degree of punishment for causing death cannot be understood.
We are monitoring the development of this criminal case.
“ВЧК ОГПУ”
