Commentary to article 270. Involvement in prostitution of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Involvement in prostitution through the use of violence or threat of its use, the use of dependent position, blackmail, destruction or damage of property, or by deception —
is punishable by a fine in the amount of two hundred to five hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of two to five months or by imprisonment for a term of up to five years.
2. The same act committed by an organized group, as well as by a person previously convicted of engaging in prostitution or organizing or maintaining brothels or pandering, —
is punishable by imprisonment for a term of three to seven years.
The public danger of this crime lies in undermining the moral foundations of society.
The object of this crime is public morality.
The objective side of the crime is to engage in prostitution through violence or the threat of its use, the use of a dependent position, blackmail, destruction or damage to property, or through deception.
Involvement in prostitution is an action aimed at arousing at least one person's desire to engage in prostitution, drawing a person into this activity.
Prostitution is the repeated sexual intercourse with different persons for a fee. Prostitution itself, although it is an immoral, universally condemned occupation, is not criminally punishable. It is considered a crime to involve a woman in prostitution, against her good will. In this composition, the motivation is forced, that is, with the use of violence or the threat of its use, the use of a dependent position, blackmail, destruction or damage to property, by deception. Violence is a physical impact (beatings, injury to health). The threat of violence consists in expressing the intention to cause any physical harm.
Blackmail is the threat of disclosing or spreading information that is shameful to a person (for example, about adultery or illegal acts).
Destruction or damage to property is the complete deterioration, for example, of expensive clothes, cars, cottages, or their partial damage.
Deception as a way of engaging in prostitution involves misleading the victim about the purpose of her entry into sexual relations. Here, the culprit hides the fact of paying for her services.
The crime is considered to be over from the moment the victim begins prostitution, that is, the victim enters into sexual relations for a fee.
On the subjective side, the crime is committed with direct intent: the perpetrator is aware that he is involving the victim in prostitution in the manner specified in the law, and desires it.
The subject of a crime can be any person who has reached the age of 16.
The qualified corpus delicti (Part 2 of Article 270 of the Criminal Code of the Republic of Kazakhstan) establishes criminal liability for involvement in prostitution committed by an organized group, as well as by a person previously convicted of involvement in prostitution or the organization or maintenance of brothels or pandering.
Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.
Date of amendment of the act: 08/02/2007 Date of adoption of the act: 08/02/2007 Place of acceptance: NO Authority that adopted the act: 180000000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 167 Status of the act: new Sphere of legal relations: 028000000000 Report form: COMM Legal force: 1900 Language of the Act: rus
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