The commission of crimes related to trafficking in persons for further labor or sexual exploitation, mutilation or use for begging
An analysis of the judicial practice of sentencing for crimes related to human trafficking has shown that the perpetrators were generally punished in accordance with the requirements of article 52 of the Criminal Code. The sanctions of paragraph "b" of part 3 of Article 125, paragraph "b" of part 3 of Article 126, Articles 128, 132-1, 270, 271 of the Criminal Code provide for punishment only in the form of imprisonment with confiscation of property, these compositions belong to the category of grave and especially grave crimes, with the exception of compositions provided for in the first parts of Articles 128, 132-1, 270, 271 of the Criminal Code, which relate to crimes of moderate severity. According to the data of the EAIAS of the Republic of Kazakhstan in 2014, 185 persons were convicted under part 3 of Article 125, part 3 of Article 126, Articles 128, 132-1, 133, 270 and 271 of the Criminal Code (175 persons were convicted in 2013), which indicates a slight increase in cases in this category. Of 185 persons convicted (175 persons in 2013): - 40 persons or 21.6% were sentenced to imprisonment (42 persons or 24% in 2013); – 140 persons or 75.7% were sentenced to probation (113 persons or 64.6% in 2013). There are no individuals applying Articles 65-69 of the Criminal Code (in 2013 – 1 person or 0.6%). In 2013 and 2014, no acquittals were handed down by the courts of first instance. The imposition of punishments by the courts of first instance under Articles 128,133, 132-1, 133, 270, 271 of the Criminal Code for 2013-2014 by region is as follows: region sentenced to imprisonment released from punishment (applied articles 65-69 of the Criminal Code) sentenced to probation in persons 2013 2014 2013 2014 2013 2013 2014 Akmola 11 5 8 1 0 0 1 4 Astana 25 36 2 4 0 0 19 31 Almaty 23 5 10 0 0 0 13 5 Almaty 22 24 5 4 0 0 10 20 Aktyubinskaya 7 13 2 8 0 0 4 4 Atyrau 3 8 0 1 0 0 1 7 East Kazakhstan Region 4 4 1 0 0 1 3 4 Zhambyl 3 5 0 2 0 0 3 3 West Kazakhstan region 10 12 3 2 0 0 7 10 Karagandinskaya 13 9 1 3 0 0 12 5 Kostanay 8 13 0 5 1 0 7 8 Kyzylorda 8 10 0 1 0 0 7 9 Mangystau 3 3 0 1 0 0 3 2 Pavlodar 1 4 0 3 0 0 1 1 North Kazakhstan Region 6 7 2 1 0 0 4 6 South Kazakhstan Region 28 27 8 4 0 0 18 21 Military courts - - 0 - 0 0 0 - A total of 175 185 42 40 1 1 113 140 In terms of articles of the Criminal Code, the number of convicted persons is as follows, 185 persons in total (175 in 2013): - according to Article 271 of the Criminal Code - 133 persons or 71.9% (in 2013 - 127 persons or 72.6%); - under Article 133 of the Criminal Code – 29 persons or 15.7% (in 2013 - 16 persons or 9.1%); - under Article 128 of the Criminal Code – 8 persons or 4.3% (in 2013 - 6 persons or 3.4%); - under part 3 of Article 126 of the Criminal Code – 5 persons or 2.7% (in 2013 - 12 persons or 6.8%); - under part 3 of Article 125 of the Criminal Code – 5 persons or 2.7% (in 2013 – 8 persons or 4.6%); - under Article 270 of the Criminal Code – 4 persons or 2.1% (in 2013 – 4 persons or 2.3%); - according to Article 132-1 of the Criminal Code – 1 person or 0.5% (in 2013 – 2 persons or 1.1%). In terms of articles of the Criminal Code, the number of persons sentenced to imprisonment is as follows, a total of 40 persons (42 in 2013): - under Article 133 of the Criminal Code - 14 persons or 35% (in 2013 - 13 persons or 30.9%); – under Article 271 of the Criminal Code – 9 persons or 22.5% (in 2013 - 3 persons or 7.1%); - under Article 128 of the Criminal Code – 5 persons or 12.5% (in 2013 - 4 persons or 9.5%); - under part 3 of Article 125 of the Criminal Code – 5 persons or 12.5% (in 2013 – 8 persons or 19%); - according to part 3 of Article 126 of the Criminal Code – 4 persons or 10% (in 2013 - 12 persons or 28.6%); - according to Article 270 of the Criminal Code – 2 persons or 5% (in 2013 – 1 person or 2.4%); - according to Article 132-1 of the Criminal Code – 1 person or 2.5% (in 2013 – 1 person or 2.4%). In terms of articles of the Criminal Code, the number of conditionally convicted persons is as follows, a total of 140 persons (in 2013 - 113): - under Article 271 of the Criminal Code - 119 persons or 85% (in 2013 - 106 persons or 93.8%); – under Article 133 of the Criminal Code - 15 persons or 10.7% (in 2013 - 3 persons or 2.6%); - under Article 128 of the Criminal Code – 3 persons or 2.1% (in 2013 - 2 persons or 1.7%); - under part 3 of Article 126 of the Criminal Code – 1 person or 0.7% (in 2013 - 0); - under part 3 of Article 125 CC – 0 persons (in 2013 – 0); - under Article 270 CC – 2 persons or 1.4% (in 2013 – 1 person or 0.9%); - according to Article 132-1 of the Criminal Code – 0 persons (in 2013 – 1 person or 0.9%). In terms of articles of the Criminal Code, the number of persons released from punishment (using articles 65-69 of the Criminal Code) is as follows, a total of 0 persons (in 2013 – 1): - under Article 271 of the Criminal Code - 0 persons (in 2013 – 1 person or 100%); - under Article 133 of the Criminal Code - 0 persons (in 2013 - 0 persons); - under Article 128 of the Criminal Code – 0 persons (in 2013 - 0 persons); - under part 3 of Article 126 – 0 persons (in 2013 - 0 persons); - under part 3 of Article 125 of the Criminal Code – 0 persons (in 2013 – 0 persons); - under Article 270 of the Criminal Code – 0 persons (in 2013 – 0 persons); - under Article 132-1 of the Criminal Code – 0 persons (in 2013 – 0 persons). The above statistics show that in 2013-2014, of the cases considered by the courts related to human trafficking, a significant number were crimes provided for in Article 271 of the Criminal Code – 71.9% (in 2013 – 72.6%), which influenced the characteristics of the types of punishment imposed for these types of crimes: according to the specified composition, mainly The punishment was imposed in the form of imprisonment with the application of Article 63 of the Criminal Code. Thus, of the 185 persons convicted in 2014, 140 were conditionally sentenced, of which 119 persons or 85% were convicted of pandering, organizing and maintaining brothels, that is, those who committed a crime under Article 271 of the Criminal Code. In 2013, of all 175 convicted persons, 113 were given conditional imprisonment, of which 106, or 93.8%, were also convicted under article 271 of the Criminal Code. The fight against trafficking in minors is an urgent problem. Such crimes in judicial and investigative practice are suppressed at the time or after the actual sale of children, and therefore the purpose of their sale: to extract organs, for further labor or sexual exploitation, to maim them or to use them for begging - is not always possible to establish. Trafficking in minors is accompanied by forgery of documents for children, the involvement of medical workers in maternity hospitals and, as a rule, are committed by a criminal group of various forms. In this regard, the sale and purchase of children is classified by the legislator as serious and especially serious crimes that pose an increased danger to society. With the application of part 3 of Article 67 of the Criminal Code, in connection with the reconciliation of the parties, the proceedings against the minor S., who was tried under paragraph "g, i" of part 2 of Article 133 of the Criminal Code, were terminated by the resolution of the specialized interdistrict Juvenile Court of the Karaganda region dated April 21, 2014. It is established that the minor S. sold the minor S. to his friend D. for the purpose of her further sexual exploitation.
The court's procedural decision to dismiss the case is based on the law. According to paragraph 3-2 of the normative resolution of the Supreme Court of the Republic of Kazakhstan No. 4 dated June 21, 2001 "On judicial practice on the application of Article 67 of the Criminal Code of the Republic of Kazakhstan", under part 3 of Article 67 of the Criminal Code, a minor who has committed a serious crime for the first time may be released from criminal liability with the use of compulsory educational measures provided for in Article 82 of the Criminal Code. a crime that does not involve causing death or serious harm to human health, if it reconciles with the victim and makes amends for the harm caused to the victim.
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