Judicial practice crimes related to human trafficking by prior agreement, organized group
According to the data of the EAIAS consolidated statistical database from the Republic of Kazakhstan for 2013-2014, 312 cases were considered with sentencing, 360 persons were convicted, 0 were acquitted. As can be seen from the statistical data, in this category of cases, convictions are handed down by the courts. The study of judicial practice shows that crimes related to human trafficking are characterized mainly by complicity: by prior agreement, by an organized group, since the very structure of criminal acts of human trafficking consists of separate links: the actions of a recruiter, a carrier, a seller, an exploiter, a proper organization using technological management techniques: advertising, accepting orders, the type of services, setting prices, security, solving financial issues, that is, a well-ordered system of criminal activity. Criminal cases related to trafficking in persons as part of an organized group during the analyzed period were considered on charges of organizing brothels for prostitution and pandering, provided for in part 3 of Article 271 of the Criminal Code, as well as kidnapping for the purpose of sexual exploitation and unlawful imprisonment of an organized group. Innocent persons as part of an organized criminal group using methods of criminal activity, by persuasion, deception, threats or the use of violence, involve victims in prostitution, create a network of brothels, The roles of the members of an organized group are distributed: as dispatchers, call takers, drivers, security guards, place ads about services, taking purposeful actions to achieve a common goal.
Judicial practice crimes related to human trafficking by prior agreement, organized group
For example, K., who had previously been sentenced to 6 years in prison by the Almaly District Court of Almaty on February 11, 2008 under part 1 of Article 235, part 2 of Article 271 of the Criminal Code, was released on parole on December 30, 2010, changed her last name to Kh. and, under the auspices of police officers, created an organized group again according to the previous scheme. A group where she attracted drivers, dispatchers, and girls to engage in prostitution and pandering in the dens she ran. By the verdict of the Almaty City Court of Justice dated July 01, 2014. She was sentenced under part 1 of Article 235, part 3 of Article 271 of the Criminal Code to 7 years in prison with confiscation of property. Members of the organized group T., S., L., Ch.., M., F., A. were also sentenced to various terms of imprisonment. Thus, Kh. showed the court that she had been engaged in pandering since 1997 under the auspices of the deputy head of the Almaly district police Department of Almaty, B., to whom she paid according to 3 000 – 4 000 USD per month. B. and his brother K. For the transportation of call girls, she was provided with 2 Toyota Ipsum minivans, 3-4 Mitsubishi Delica minibuses, which were registered to other persons. After her release from prison, B. offered to rent a house at 34 Bekkhozhina St., Almaty, owned by his brother K., for 1,500 US dollars per month and set up an office there for pimping and pay him 4,000 US dollars for patronage. Later, B. warned her in advance about the raids carried out by police officers. According to these categories of crimes committed in an organized group, the courts reasonably impose long terms of imprisonment, therefore, when resolving issues of parole, it is necessary to carefully study the personalities of convicts to determine the degree of their correction and the absence of the need to serve the remaining sentence in order to prevent them from committing new offenses.
Also, P., V., S., G., T. were sentenced to various terms of imprisonment for crimes related to human trafficking by an organized group by the verdict of the specialized interdistrict criminal court of Kostanay region dated January 15, 2012. She created an organized criminal group in order to extract income from the sexual exploitation of women, attracted members of the criminal group, directed their actions to kidnap, unlawfully imprison victims for the purpose of exploiting them, engaging in prostitution through the use of violence by an organized group, and engaged in pandering. The convicts as part of an organized group P. for the purpose of sexual exploitation, victims from disadvantaged families with financial difficulties were selected, information about their lifestyle was collected in advance, victims were abducted, who were forced into prostitution through threats and violence, for which they were illegally detained and imprisoned, bathhouses and saunas were called with offers of sexual services and the victims were brought to practice prostitution under escort. All these actions were well-coordinated and organized, carried out by a stable group with a stable composition, the participants of which acted in concert with each other.
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.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
