Crimes related to human trafficking

Article 3 of the Criminal Code of the Republic of Kazakhstan provides a list of crimes related to human trafficking. Let's look at each of these articles and their meaning, as well as references to other codes, laws and resolutions of the Supreme Court of the Republic of Kazakhstan.

The concept of crimes related to human trafficking

1. Article 116 of the Criminal Code of the Republic of Kazakhstan – "Forced removal or illegal removal of human organs and tissues"

This article defines the crime of human trafficking as actions aimed at organizing, carrying out or facilitating human trafficking. This is the main article covering a wide range of exploitative acts.

2. Article 125 of the Criminal Code of the Republic of Kazakhstan – "Kidnapping"

- Paragraph 2 of Part three concerns the abduction of a person for the purpose of further exploitation. This article is important for qualifying cases where abduction is aimed at using a person for criminal purposes, such as forced labor or sexual exploitation.

3. Article 126 of the Criminal Code of the Republic of Kazakhstan – "Unlawful deprivation of liberty"

- Paragraph 2 of Part Three covers unlawful deprivation of liberty related to the purpose of exploitation, for example, in the context of human trafficking. This includes cases where a person is being held against their will to gain benefits.

4. Article 128 of the Criminal Code of the Republic of Kazakhstan – "Human trafficking"

This article repeats the concept of human trafficking, clarifying that it covers activities related to human trafficking as objects of criminal activity.

5. Article 134 of the Criminal Code of the Republic of Kazakhstan – "Involvement of minors in prostitution, provision of other sexual services"

This article covers the involvement of minors in sexual services and prostitution, which is a form of human trafficking related to sexual exploitation.

6. Article 124 of the Criminal Code of the Republic of Kazakhstan – "Corruption of persons under the age of sixteen"

This article concerns actions aimed at corrupting minors, which may also be related to human trafficking, especially in the context of sexual exploitation.

7. Article 309 of the Criminal Code of the Republic of Kazakhstan – "Organization or maintenance of prostitution dens and pandering"

This article concerns the organization and maintenance of places for prostitution, which may also be related to human trafficking, especially in the context of exploitation through sexual services.

References to other codes and laws

1. The Constitution of the Republic of Kazakhstan

  - Article 24 of the Constitution prohibits forced labor and ensures the right to free labor, which is important for understanding the legal context of human trafficking.

2. The Law of the Republic of Kazakhstan "On Combating Human Trafficking"

  - This law regulates measures to prevent human trafficking, protect victims and bring perpetrators to justice. The Law specifies the concept of human trafficking and includes measures to combat this phenomenon.

3. The Civil Code of the Republic of Kazakhstan

  - The Civil Code regulates issues related to the rights and obligations of the parties in civil law relations, which may be indirectly related to the consequences of human trafficking, for example, in the context of protecting the rights of victims.

Regulatory rulings of the Supreme Court of the Republic of Kazakhstan

1. Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 1 dated March 11, 2011 "On judicial practice in cases of human trafficking"

  - This resolution explains the judicial practice in cases of human trafficking, including the qualification of actions related to exploitation and trafficking in human beings.

2. Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 3 dated October 10, 2016 "On certain issues of qualification of crimes related to rape and other violent acts of a sexual nature"

  - This decree clarifies the practice of applying norms related to sexual crimes, which may overlap with cases of human trafficking.

These articles and regulations form the legal basis for combating human trafficking and protecting the rights of victims in Kazakhstan.

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