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Analysis of the prevalence of various types of violence and other crimes against minors

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Analysis of the prevalence of various types of violence and other crimes against minors

In order to identify the overall picture of crimes against the family and minors, judicial practice in criminal cases in which minors were victims of crimes, including violent ones, has also been studied. This circumstance is due to the fact that personal security in modern conditions, including the safety of minors and minor family members, is one of the main objects of legal protection. According to official statistics from the Committee on Legal Statistics and Special Accounts at the Prosecutor General's Office (DALEEKPSIS), in cases of premeditated murder (art. 96 CC) the victims were minors: in 2010 – in 3.3% of cases (45 minors out of 1372 victims), in 2011 - 3.4% (50 out of 1475), in 2012 – 3.2% (45 out of 1410), in the first half of 2013 - 4.1% (30 out of 735); about 103 of the Criminal Code): in 2010 – in 3.2% of cases (49 out of 1514); in 2011 – 3.8% (63 out of 1638); in 2012 – 4.7% (81 out of 1731); in the first half of 2013 – 3.7% (35 out of 956); 104-111 of the Criminal Code): in 2010 – in 4.1% of cases (38 out of 936); In 2011 – 4.2 % (29 out of 685); in 2012 – 4.7% (28 out of 599); in the first half of 2013 – 3.1% (10 out of 327).

Thus, with the exception of crimes provided for in Article 96 of the Criminal Code, there has been a steady increase in the proportion of minors who have suffered intentional criminal assaults by older people, relatives, or peers. At the same time, it should be noted that there is a certain decrease in the "threshold" of motivation for attacks on the personality of minors and underage children, and the number of inappropriate, seemingly meaningless crimes is increasing. By the verdict of the specialized interdistrict Criminal Court of the Karaganda region dated February 08, 2012 (previously convicted, conviction expunged), he was sentenced to 16 years of imprisonment in a high-security penal colony for the premeditated murder of his young son under aggravating circumstances. On September 15, 2011, at about 9:30 p.m., while drunk at home in the village. Osakarovka, Karaganda region, having decided to bathe their young children before going to bed, Ya., born on 06/01/2008, and R., born on 11/21/2009, experiencing anger and hatred on the basis of existing domestic problems in caring for them, hearing his son crying and realizing that he is in a helpless state due to his young age and cannot resist, grabbing his right forearm with his left hand, he began to squeeze his neck with his right hand and beat his head against the bathroom wall. Then he carried his son out of the bathroom into the hall, turned him over on his stomach, and, grabbing his head, began to press his face against the mattress, blocking his airway.

As a result of compression of the neck with a blunt object, the minor victim died on the spot. As follows from the judicial act, the children's mother was a Russian citizen and was outside the republic at the time of the crime in the Caucasus, leaving the young children in the care of their father, who had not previously been characterized by decent behavior towards children. Despite the evidence of the committed act, G. put forward various arguments challenging the verdict, but the verdict was upheld on appeal and cassation. By the verdict of the SMUS of the Almaty region dated April 29, 2013, she was sentenced to 10 years in prison for the premeditated murder of her young son V., born on 12/04/2012. According to the circumstances established by the court, on 12.02.2013, during the day, she drank alcoholic beverages with her roommate and his friend. Towards evening, the last fell asleep, at that time the child began to cry.

Analysis of the prevalence of various types of violence and other crimes against minors

Angered that the child continued to cry and scream and could wake up her roommate, S., who was intoxicated at that moment, covered the child's nose and mouth with her hands, causing him to die. According to the verdict, in September 2012 S. renounced parental rights in relation to her five minor children, placing them in an orphanage. But even with regard to her young child, who was left with her, she did not properly perform her parental duties, which was ignored by certain services, which eventually led to a crime. By the verdict of the Almaty City Court of July 28, 2011, K., who had previously been repeatedly convicted of theft and drug trafficking, was sentenced to 18 years in prison for a combination of crimes. While intoxicated, he beat his young child T., causing him a closed craniocerebral injury, blunt trauma to the chest and abdomen with hemorrhages in the soft tissues of the head, chest, abdomen, fractured ribs, ruptures of internal organs. In order to conceal the crimes and evade responsibility, he put the child's corpse in a bag and took it out of the apartment, hiding it under the balcony of a neighboring house.

In each of the cases described, the lives of young children were cut short due to the criminal acts of the people closest to them, the parents who were supposed to provide them with protection. No less vulnerable are minors from criminal attacks by other close relatives or persons who are entrusted with the duties of a guardian or trustee, or close acquaintances of their parents. As the generalization has shown, as a rule, in 

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