Comment to Article 124. Corruption of minors of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
Committing indecent acts without using violence against a person who is obviously under the age of fourteen, -
is punishable by restriction of liberty for a term of up to four years or imprisonment for the same term.
The social danger of this crime lies in the fact that young children, due to their defenselessness, curiosity, and lack of understanding of the nature of sexual acts committed with them, can easily become victims of crime. This crime infringes on their normal physical and mental development. The object of the crime in question is the normal moral development of young children, that is, persons under the age of 14. Victims can be persons of both sexes - girls and boys.
The objective side is characterized by the commission of lewd acts without the use of violence, that is, the voluntary commission of sexual acts other than sexual intercourse, sodomy.
Debauchery can be both physical and intellectual. Physical indecent acts consist of sexual manipulation, such as indecent touching (stroking the genitals), inducement to masturbate, etc. Intellectual debauchery is expressed in cynical conversations about sexual topics, demonstration of pornographic images, etc.
The crime is considered to be over from the moment the indecent acts begin, regardless of whether or not there are any negative consequences from these actions. Example: Sch, seeing minor children playing in the courtyard of the house, among whom was G, in order to commit lewd acts against the latter, told her to go to the entrance of the house, where he led her to a dark place. Acting without violence, against her will, G. took off her tights and panties and began touching her genitals. After that, he dressed the victim and warned the latter not to tell anyone about the incidentcrime is considered to be over from the moment the indecent acts begin, regardless of whether or not there are any negative consequences from these actions. Example: Sch, seeing minor children playing in the courtyard of the house,gm was G, in order to commit lewd acts against the latter, told her to go to the entrance of the house, where he led her to a dark place. Acting without violence, against her will, G. took off her tights and panties and began touching her genitals. After that, he dressed the victim and warned the latter not to tell anyone about the incident. The court's verdict was that the actions of S.H. were qualified under Article 124 of the Criminal Code of the Republic of Kazakhstan (Child molestation).
The subjective side is characterized by direct intent. The perpetrator is aware that he is committing lewd acts against a person under the age of fourteen and wishes to commit these acts. The motive for this crime is both sexual motives and other motives (for example, revenge on the victim's parents). The subject of the crime in question may be persons of both sexes who have reached the age of 16.
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