Exploitation of a person, forcing a person to commit an offense in order to extract income or benefits of a property nature
Paragraph 1, article 3 of the Criminal Code of the Republic of Kazakhstan clarifies the key concepts related to human exploitation, which is extremely important for the proper application of standards related to combating human trafficking, forced labor and other forms of exploitation. Let's analyze these terms and their legal meaning, referring to other regulations and resolutions of the Supreme Court of the Republic of Kazakhstan.
Human exploitation
In a broad sense, human exploitation includes various forms of using a person for the benefit of the perpetrator. This can be expressed in forced labor, prostitution or other sexual services, begging, illegal acts and other forms of exploitation.
Forced labor
Forced labor is defined as work that a person is forced to do under threat of punishment, violence, or other negative consequences. It is important that the work is performed without human consent, which distinguishes forced labor from voluntary labor.
This concept is also revealed in **The Constitution of the Republic of Kazakhstan**, which guarantees freedom of labor in article 24 and prohibits forced labor, except in cases provided for by law. The Law of the Republic of Kazakhstan "On Combating Human Trafficking" also regulates issues of forced labor and protection of victims' rights.
Prostitution
Forcing a person to engage in prostitution or provide other sexual services is a form of exploitation. This can happen either for the purpose of appropriating the proceeds received by the victim, or without such a purpose.
This activity is subject to articles of the Criminal Code, such as:
- Article 308 of the Criminal Code of the Republic of Kazakhstan — "Organization or maintenance of brothels for prostitution and pandering."
- Article 134 of the Criminal Code of the Republic of Kazakhstan — "Involvement of a minor in prostitution, provision of other sexual services."
In its explanations, the Supreme Court of the Republic of Kazakhstan emphasizes that such actions should be qualified taking into account the circumstances of the case, the age of the victim, as well as the goals and motives of the offender.
Forced begging
Forced begging is also considered a form of human exploitation. It is important that this act is antisocial in nature and violates human rights, including the right to a decent life and work.
Forced begging can be qualified under articles related to human trafficking or forcible coercion to actions contrary to social norms. Thus, Article 128 of the Criminal Code of the Republic of Kazakhstan ("Human trafficking") can be applied if begging is part of an exploitation scheme.
Coercion to illegal activities
This coercion includes using a person to commit crimes or other offenses, which is also a form of exploitation. The perpetrator benefits from the victim's illegal activities.
Such coercion may be qualified depending on the nature of the offense. For example:
- If the victim is forced to commit theft, articles regulating theft or extortion may apply.
- If the act is related to violent acts, it is possible to apply articles concerning the threat of violence or violence itself.
Regulatory rulings of the Supreme Court of the Republic of Kazakhstan
In order to properly apply the norms on combating human exploitation, the Supreme Court of the Republic of Kazakhstan has issued several regulatory rulings on various aspects of the application of the Criminal Code.
1. Normative Resolution of the Supreme Court No. 5 of April 20, 2001 "On judicial practice in cases of crimes against sexual integrity and sexual freedom of the individual" – this resolution clarifies the procedure for classifying crimes related to sexual exploitation, including the use of minors.
2. Regulatory Decree No. 1 of March 11, 2011 "On judicial practice in cases of human trafficking" provides important clarifications on the application of articles related to human exploitation, including forced labor and begging.
These rulings help judges and law enforcement agencies correctly identify crimes related to human exploitation and make decisions in accordance with Kazakh law.
Thus, article 3 of the Criminal Code of the Republic of Kazakhstan is an important basis for understanding and applying norms related to combating human exploitation.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
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