Kazakhstan intends to toughen punishment for crimes of a sexual nature. President of the Republic of Kazakhstan Kassym-Jomart Tokayev said yesterday that it is necessary to make the punishment for sexual violence, pedophilia and other serious crimes against the individual more severe.
Member of the Parliament of the Republic of Kazakhstan Nurzhan Altaev, the initiator and developer of the bill to toughen penalties for sexual violence, told Informburo.kz what changes are planned to be made to the law. We also familiarized ourselves with the relevant bill, which has been submitted for discussion.
No. 1. Tougher penalties for rape
For rape (Article 120 of the Criminal Code of the Republic of Kazakhstan) it is proposed to be punished with imprisonment for a term of 5 to 10 years .
Currently the punishment ranges from 3 to 5 years. If the rape occurred under aggravating circumstances, it is proposed to impose prison terms of 12 to 17 years . Now it is from 10 to 15 years.
Aggravating circumstances:
- rape was committed by a group of people;
- caused the death of the victim(s);
- the victim's health was seriously harmed;
- the victim became infected with HIV;
- the violence was committed in an emergency situation or during riots.
Article 115 of the Criminal Code of the Russian Federation - causing harm to health of mild severity
As you know, hooligan motives are the actions of a person without any motive to commit a crime; he acts spontaneously, under the fictitious pretext of “beating the victim just like that.” Causing minor harm to health in an accident is also not covered by the provisions of the Criminal Code of the Russian Federation, as is causing moderate harm to health in an accident. Responsibility for committing such offenses is established in Chapter 12 of the Code of Administrative Offenses of the Russian Federation. It is worth noting that causing harm to health in an accident is an administrative offense only when the actions of the guilty person were of the nature of negligence.
If the culprit acted intentionally, his actions fall under the provisions of the Criminal Code of the Russian Federation.
Let us analyze the qualifying features of Article 115 of the Criminal Code of the Russian Federation. This is the infliction of minor harm to health, committed: Intentional infliction of minor harm to health is a crime against health, expressed in causing bodily harm to the victim, resulting in a short-term health disorder or a minor permanent loss of general ability to work. As judicial practice shows, forensic experts include minor bodily injuries such as abrasions and bruises of the head, soft tissues of the face, and severe bruises of the extremities. In rare cases, a minor concussion.
In any case, each injury is individual, and a diagnosis is made only after a comprehensive examination of the victim.
No. 2. Punishment for sexual assault
The Criminal Code of the Republic of Kazakhstan also contains Article 121 - “Violent acts of a sexual nature . They mean any forced actions other than sexual intercourse in the traditional sense. The law is worded as follows: “Sodomy, lesbianism or other acts of a sexual nature using violence or the threat of violence.” It is also proposed to tighten the punishment under this article and set terms from 3 to 7 years.
For comparison, now it is from 3 to 5 years.
If the violence occurred under aggravating circumstances, sentences from 7 to 12
or from
12 to 15 years
, depending on the circumstances of the rape.
No. 3. Punishment for forced sexual intercourse
It is proposed to punish more severely for coercion to sexual intercourse or actions of a sexual nature (Article 123 of the Criminal Code of the Republic of Kazakhstan).
We are talking about cases where the victim is forced to have a relationship or perform some actions through psychological pressure or blackmail. Article 123 proposes imprisonment for a term of 3 to 7 years.
The current version of the law provides for punishment in the form of a fine, correctional labor, or restriction of freedom for up to one year, or imprisonment for the same period.
If the crime is committed against a minor, a sentence of imprisonment of 7 to 10 years is proposed.
Now the law in this paragraph specifies a fine of up to 3 MCI, correctional labor, restriction of freedom for up to 3 years, or imprisonment for the same period.
Excerpts from the Criminal Code of the Republic of Kazakhstan concerning minors.
Everyone is equal before the law!
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Article 15. Persons subject to criminal liability
1. A sane individual who has reached the age of sixteen at the time of committing a criminal offense is subject to criminal liability. 2. Persons who have reached the age of fourteen at the time of committing a crime are subject to criminal liability for murder (Article 99), intentional infliction of grievous bodily harm (Article 106), intentional infliction of moderate harm to health under aggravating circumstances (part two of Article 107), rape ( Article 120), violent acts of a sexual nature (Article 121), kidnapping (Article 125), vandalism (Article 294), theft or extortion of narcotic drugs, psychotropic substances, their analogues (Article 298), desecration of the bodies of the dead and their burial places during aggravating circumstances (part two of Article 314) and deliberate disabling of vehicles or means of communication (Article 350).
3. If a minor has reached the age provided for in parts one or two of this article, but due to mental retardation not associated with a mental disorder, during the commission of a criminal offense he could not fully understand the actual nature and social danger of his actions (inaction) or to lead them, he is not subject to criminal liability.
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4. Persons who have committed criminal offenses are equal before the law regardless of origin, social, official and property status, gender, race, nationality, language, attitude to religion, beliefs, membership of public associations, place of residence or any other circumstances.
Article 18. Criminal liability of persons who have committed
a criminal offense while intoxicated
A person who has committed a criminal offense while intoxicated caused by the use of alcohol, narcotic drugs, psychotropic or other intoxicating substances is not exempt from criminal liability.
Article 53. Circumstances mitigating criminal liability and punishment
1. Circumstances mitigating criminal liability and punishment are recognized as: 1) the commission of a criminal offense for the first time or a crime of minor or moderate gravity due to a random combination of circumstances; 2) the minority of the perpetrator; 3) pregnancy; 4) the presence of young children with the perpetrator; 5) provision of medical or other assistance to the victim immediately after the commission of a criminal offense, regardless of the consequences of providing such assistance; 6) voluntary compensation for property damage caused as a result of a criminal offense, making amends for moral and other damage caused by a criminal offense;
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7) commission of a criminal offense due to a combination of difficult personal, family or other circumstances or on the basis of compassion;
committing a criminal offense as a result of physical or mental coercion or due to financial, official or other dependence; 9) commission of a criminal offense in violation of the conditions of legality of necessary defense, extreme necessity, detention of a person who has committed an offense, justified risk, execution of an order or instruction, when carrying out operational investigative activities or covert investigative actions; 10) illegality or immorality of the behavior of the victim, which was the reason for the criminal offense; 11) sincere repentance, confession, active assistance in solving a criminal offense, exposing other accomplices in a criminal offense and searching for property obtained as a result of a criminal offense. 2. When assigning a punishment, circumstances not provided for in part one of this article may be taken into account as mitigating circumstances. 3. If a mitigating circumstance is provided for by the relevant article of the Special Part of this Code as a sign of a criminal offense, it in itself cannot be taken into account again when assigning punishment.
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Article 54. Circumstances aggravating criminal liability and punishment
1. The following are recognized as circumstances aggravating criminal liability and punishment: 1) repetition of criminal offenses, relapse of crimes, dangerous recidivism of crimes; 2) causing grave consequences by a criminal offense; 3) commission of a criminal offense as part of a group of persons, a group of persons by prior conspiracy, or a criminal group; 4) a particularly active role in the commission of a criminal offense; 5) involvement in the commission of a criminal offense of persons who are known to the perpetrator to suffer from a severe mental disorder, or persons who have not reached the age at which criminal liability begins; 6) committing a criminal offense motivated by national, racial and religious hatred or enmity, out of revenge for the lawful actions of other persons, as well as in order to conceal another criminal offense or facilitate its commission; 7) commission of a criminal offense against a woman who is known to the perpetrator to be pregnant, as well as against a minor, another defenseless or helpless person or a person dependent on the perpetrator; commission of a criminal offense against a person or his relatives in connection with the performance by this person of his official, professional or public duty; 9) committing a criminal offense with particular cruelty, sadism, mockery, and torture for the victim; 10) committing a criminal offense with the use of weapons, ammunition, explosives, explosive or simulating devices, specially manufactured technical means, flammable and combustible liquids, toxic and radioactive substances, medicinal and other chemical and pharmacological preparations, as well as with the use of physical or mental coercion or in a generally dangerous manner; 5
11) commission of a criminal offense in a state of emergency, emergency situation, as well as during mass riots; 12) committing a criminal offense while under the influence of alcohol, drugs or substance abuse. The court has the right, depending on the nature of the criminal offense, not to recognize this circumstance as aggravating; 13) commission of a criminal offense by a person who thereby violated his oath or professional oath; 14) commission of a criminal offense using the trust placed in the offender by virtue of his official position or contract; 15) committing a criminal offense using the uniform or documents of a government representative; 16) commission of a criminal offense by an employee of a law enforcement or special government agency, a judge using his official position. 2. If the circumstance specified in part one of this article is provided for by the corresponding article of the Special Part of this Code as a sign of a criminal offense, it cannot be taken into account again as a circumstance aggravating liability and punishment. 3. When imposing a punishment, the court cannot recognize as aggravating circumstances not specified in part one of this article.
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SECTION 6. CRIMINAL LIABILITY OF MINORS
Article 80. Criminal liability of minors
1. Minors who are subject to this section are persons who, at the time of committing a criminal offense, were fourteen years old, but not eighteen years old. 2. Minors who have committed a criminal offense may be sentenced or forced educational measures may be applied to them.
Article 81. Types of punishments imposed on minors
1. The types of punishments imposed on minors are: 1) deprivation of the right to engage in certain activities; 2) fine; 3) correctional work; 4) involvement in public works; 5) restriction of freedom; 6) imprisonment. 2. Deprivation of the right to engage in certain activities is imposed on minors for a period of one to two years. 3. A fine is imposed only if the convicted minor has independent income or property that can be levied against. A fine is imposed in the amount of ten to two hundred and fifty monthly calculation indices. 4. Correctional labor is assigned to minors who have independent earnings or other permanent income in the amount of ten to two hundred and fifty monthly calculation indices.
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5. Involvement in public works is assigned for a period from
forty to one hundred and fifty hours, consists of performing work that is feasible for a minor, and is performed by him in his free time from study or main work. The duration of execution of this type of punishment by persons under the age of sixteen cannot exceed two hours a day, and by persons aged from sixteen to eighteen years – three hours a day. 6. Restriction of freedom is imposed on minors for a period of up to two years, and in the case of replacing the unserved part of the sentence in the form of imprisonment with restriction of freedom - for the entire term of the remaining unserved part of the punishment. 7. Imprisonment for minors may be imposed for a term of not more than ten years, and for aggravated murder or an act of terrorism or for a combination of criminal offenses, one of which is aggravated murder or an act of terrorism - twelve years. Minors who have committed a crime of minor gravity or a crime of medium gravity that is not related to causing death are not sentenced to imprisonment. 8. Imprisonment of liberty by convicted minors is served: 1) by male minors sentenced to imprisonment for the first time, as well as by female minors - in general regime educational colonies; 2) male minors who have previously served imprisonment - in high-security educational colonies. 9. Depending on the nature and degree of public danger of the act, the identity of the perpetrator and other circumstances of the case, the court, indicating the reasons for the decision, may assign convicted male minors to serve imprisonment in a general regime educational colony.
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10. The court may give instructions to the body executing the punishment to take into account certain characteristics of his personality when treating a convicted minor.
Article 82. Imposition of punishment on a minor
1. When imposing a punishment on a minor, in addition to the circumstances provided for in Article 52 of this Code, the conditions of his life and upbringing, the level of mental development, other personality characteristics, as well as the influence of older persons on him are taken into account. 2. Minor age as a mitigating circumstance is taken into account in conjunction with other mitigating and aggravating circumstances.
Article 83. Release of minors from criminal
liability and punishment
1. A minor who has committed a criminal offense or a crime of minor gravity, or who has committed a crime of average gravity for the first time, may be released by the court from criminal liability if it is established that his correction is possible without criminal liability. In this case, compulsory educational measures may be applied to him. 2. A minor convicted for the first time of committing a criminal offense or a crime of minor or medium gravity may be released by the court from punishment if it is recognized that his correction can be achieved through the use of compulsory educational measures. 3. A minor who has committed a serious crime for the first time, not related to causing death, may be released by the court from criminal liability in the cases provided for in part two of Article 68 of this Code.
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Article 84. Compulsory educational measures
1. The court may impose the following compulsory educational measures on a minor: 1) warning; 2) transfer to the supervision of parents or persons replacing them, or a specialized government body; 3) imposition of an obligation to make amends for the harm caused; 4) restricting leisure time and establishing special requirements for the behavior of a minor; 5) placement in an educational organization with a special regime of detention; 6) imposing an obligation to apologize to the victim; 7) establishment of probation control. 2. A minor may be simultaneously assigned several compulsory educational measures.
Article 85. Contents and terms of application of compulsory
measures of educational influence
1. A warning consists of explaining to the minor the harm caused by his act and the consequences of repeated commission of offenses provided for by this Code. 2. Transfer to supervision consists of assigning responsibilities to parents or persons replacing them, or to a specialized state body for educational influence on a minor and monitoring his behavior. 3. The obligation to make amends for the harm caused is imposed taking into account the property status of the minor and the availability of appropriate work skills.
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4. Restrictions on leisure time and the establishment of special requirements for the behavior of a minor may include a ban on visiting certain places, using certain forms of leisure, including those related to driving a motor vehicle, limiting stay outside the home after a certain time of day, traveling to other areas without the permission of a specialized state organ. A minor may also be required to return to an educational institution, continue or complete his studies, or find employment with the help of a specialized government agency. This list is not exhaustive. 5. Placement in an educational organization with a special regime of detention for a period of six months to two years may be assigned by the court to a minor who has committed an intentional crime of moderate gravity or a serious crime. Stay in the above-mentioned organizations can be terminated early in connection with the person reaching the age of majority, and also if, on the basis of the conclusion of a specialized state body providing correction, the court comes to the conclusion that the minor does not need to apply this measure in the future for his correction. 6. Extension of stay in an educational organization with a special regime of detention after the expiration of the period provided for in part five of this article is allowed only if it is necessary for the minor to complete general educational or vocational training, but no more than until he reaches adulthood. 7. The procedure and conditions for the presence of minors in educational organizations with a special regime of detention are determined by the laws of the Republic of Kazakhstan. 8. The minor makes a personal apology to the victim for the harm caused. 9. Probation control is established for a period of up to one year according to the rules of part two of Article 44 of this Code.
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10. The period for applying compulsory educational measures provided for in paragraphs 2) and 4) of part one of Article 84 of this Code is set at up to six months when committing a criminal offense, from six months to one year when committing a crime of minor gravity, from one year to two years when committing a crime of moderate gravity and from two to three years when committing a serious crime. 11. In the event of a minor’s deliberate failure to comply with a compulsory educational measure two or more times during the year, this measure, upon the proposal of a specialized state body, is canceled by the court and the materials are sent to bring the minor to criminal liability, unless the statute of limitations for criminal liability has expired.
Article 86. Conditional early release
of minors from serving a sentence
1. Persons sentenced to imprisonment, restriction of freedom or correctional labor for committing a crime as a minor, in the absence of malicious violations of the established procedure for serving or executing a sentence, are subject to conditional early release after the actual service or execution of: 1) at least one-fourth of the term or amount of punishment imposed by the court for a crime of minor or medium gravity; 2) at least one third of the term or amount of punishment imposed by the court for a serious crime; 3) at least half of the sentence imposed by the court for a particularly serious crime that does not involve an attack on human life; 4) at least two-thirds of the sentence imposed by the court for a particularly serious crime involving an attack on human life.
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2. In cases where a person released on parole during the period of probationary control commits a crime through negligence, an intentional criminal offense or an intentional crime of minor gravity, the issue of canceling or maintaining parole is decided by the court when imposing punishment for a new crime. If the court revokes parole, the sentence is imposed according to the rules for assigning punishment based on the totality of sentences. 3. In cases where a person released on parole during the period of probation control commits an intentional crime of moderate gravity, a serious or especially serious crime, the court revokes the parole and imposes punishment according to the rules for assigning punishment based on the totality of sentences.
Article 87. Replacement of the unserved part of the sentence
by minors
1. For persons serving imprisonment for committing a crime as a minor, in the absence of malicious violations of the established procedure for serving the sentence, the remaining unserved part of the punishment is replaced by the court with restriction of freedom after the actual serving of: 1) at least one fifth the term of punishment imposed by the court for a crime of minor or medium gravity; 2) one-fourth of the sentence imposed by the court for a serious crime; 3) one third of the sentence imposed by the court for a particularly serious crime that does not involve an attack on human life; 4) half the sentence imposed by the court for a particularly serious crime involving an attack on human life. 2. Replacement of the unserved part of the sentence may be applied to persons convicted of committing a crime as a minor as part of a criminal group.
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Article 88. Limitation periods
The statute of limitations for criminal prosecution or conviction when minors are released from criminal liability or serving a sentence is reduced by half.
Article 89. Deadlines for expunging a criminal record
For persons who committed crimes before reaching the age of eighteen years, the terms for expunging a criminal record, provided for in Article 79 of this Code, are reduced and are accordingly equal to: 1) four months after serving a more lenient punishment than imprisonment; 2) one year after serving imprisonment for a crime of minor or medium gravity; 3) two years after serving imprisonment for a serious crime; 4) three years after serving imprisonment for a particularly serious crime.
Article 122. Sexual intercourse or other actions
of a sexual nature with a person under sixteen years of age
1. Sexual intercourse, sodomy, lesbianism or other actions of a sexual nature with a person known to be under sixteen years of age is punishable by restriction of freedom for a term of up to five years or imprisonment freedom for the same period. 2. The same acts committed in relation to a person under sixteen years of age by a parent, teacher or other person who is entrusted with the responsibility for his upbringing by the law of the Republic of Kazakhstan are punishable by imprisonment for a term of seven to ten years with lifelong deprivation of the right to occupy certain positions or engage in certain activities.
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3. Acts provided for in parts one or two of this article, committed repeatedly, are punishable by imprisonment for a term of ten to fifteen years with lifelong deprivation of the right to hold certain positions or engage in certain activities.
Article 124. Corruption of minors
1. Committing depraved acts without the use of violence against a person who is known to be underage (young) is punishable by imprisonment for a term of five to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of seven to ten years. 2. The same act, committed in relation to a minor (minor), by a parent, teacher or other person who is entrusted with the responsibility for her (his) upbringing by the law of the Republic of Kazakhstan, is punishable by imprisonment for a term of seven to twelve years with lifelong deprivation of the right hold certain positions or engage in certain activities. 3. Acts provided for in parts one or two of this article, committed repeatedly, are punishable by imprisonment for a term of ten to fifteen years with lifelong deprivation of the right to hold certain positions or engage in certain activities.
Article 130. Libel
1. Slander, that is, dissemination of knowingly false information discrediting the honor and dignity of another person or undermining his reputation, is punishable by a fine in the amount of up to one thousand monthly calculation indices, or correctional labor in the same amount, or restriction of freedom for up to one year, or imprisonment for the same period.
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2. The same act, committed publicly or using the media or information and communication networks, is punishable by a fine in the amount of up to two thousand monthly calculation indices, or correctional labor in the same amount, or restriction of freedom for a term of up to two years, or imprisonment freedom for the same period. 3. Acts provided for in parts one or two of this article, coupled with accusing a person of committing a corruption, grave or especially grave crime, as well as entailing grave consequences, are punishable by a fine in the amount of up to three thousand monthly calculation indices or correctional labor in the same amount , or restriction of liberty for a term of up to three years, or imprisonment for the same period.
Article 131. Insult
1. Insult, that is, humiliation of the honor and dignity of another person, expressed in an indecent form, is punishable by a fine in the amount of up to one hundred monthly calculation indices, or correctional labor in the same amount, or community service for a period of up to one hundred and twenty hours. 2. The same act, committed publicly or using the media or information and communication networks, is punishable by a fine in the amount of up to two hundred monthly calculation indices, or correctional labor in the same amount, or community service for a term of up to one hundred and eighty hours.
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Chapter 2. CRIMINAL OFFENSE AGAINST THE FAMILY AND MINORS
Article 132. Involvement of a minor in the commission of criminal offenses
1. Involvement of a minor in the commission of criminal offenses by a person who has reached the age of eighteen is punishable by imprisonment for a term of two to six years. 2. The same act committed by a parent, teacher or other person who is entrusted with the responsibility for raising a minor by law of the Republic of Kazakhstan is punishable by imprisonment for a term of three to seven years with lifelong deprivation of the right to occupy certain positions or engage in certain activities. 3. Acts provided for in parts one or two of this article, committed with the use of violence or with the threat of its use, are punishable by imprisonment for a term of four to eight years with lifelong deprivation of the right to hold certain positions or engage in certain activities. 4. Acts provided for in parts one, two or three of this article, related to the involvement of a minor in the commission of a grave or especially grave crime, are punishable by imprisonment for a term of five to ten years with lifelong deprivation of the right to hold certain positions or engage in certain activities. 5. Acts provided for in parts one, two, three or four of this article, related to the involvement of a minor in the criminal activity of a criminal group, are punishable by imprisonment for a term of ten to fifteen years with lifelong deprivation of the right to hold certain positions or engage in certain activities.
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Article 133. Involving a minor in committing antisocial acts
1. Involving a minor in the use of intoxicating substances or substance abuse, or in repeated consumption of alcoholic beverages, or in vagrancy or begging, is punishable by a fine in the amount of up to three thousand monthly calculation indices, or correctional labor in the same amount, or restriction of freedom for a term of up to three years, or imprisonment for the same period. 2. The same act, committed by a parent, teacher or other person who is charged with the responsibility for raising a minor by law of the Republic of Kazakhstan, is punishable by a fine in the amount of up to five thousand monthly calculation indices, or correctional labor in the same amount, or restriction of freedom for a term of up to five years, or imprisonment for the same period, with lifelong deprivation of the right to hold certain positions or engage in certain activities. 3. Acts provided for in parts one or two of this article, committed repeatedly or with the use of violence or the threat of its use, are punishable by imprisonment for a term of three to six years with lifelong deprivation of the right to hold certain positions or engage in certain activities.
Article 134. Involving a minor in prostitution
1. Involving a minor in prostitution is punishable by imprisonment for a term of three to five years with confiscation of property. 2. Involving a minor in prostitution through the use of violence or the threat of its use, the use of a dependent position, blackmail, destruction or damage to property, or through deception - shall be punishable by imprisonment for a term of five to seven years with confiscation of property.
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3. Acts provided for in parts one or two of this article, committed: 1) by a group of persons by prior conspiracy; 2) repeatedly - punishable by imprisonment for a term of six to ten years with confiscation of property. 4. Acts provided for in parts one, two or three of this article, committed: 1) by a criminal group; 2) by a parent, teacher or other person who is entrusted with the responsibility for raising a minor by law of the Republic of Kazakhstan - shall be punished by imprisonment for a term of seven to twelve years with confiscation of property, and in the cases provided for in paragraph 2), with lifelong deprivation of the right to occupy certain positions or engage in certain activities.
Article 135. Trafficking in minors
1. Purchasing and selling or making other transactions in relation to a minor, as well as his exploitation or recruitment, transportation, transfer, concealment, receipt, as well as committing other acts for the purpose of exploitation, are punishable by imprisonment for a term of five to seven years with confiscation of property . 2. The same acts committed: 1) by a group of persons by prior conspiracy; 2) repeatedly; 3) with the use of violence dangerous to life and health, or the threat of its use; 4) using weapons or objects used as weapons; 5) in relation to two or more persons; 6) for the purpose of removing organs or tissues of the victim for transplantation or other use;
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7) by deception or abuse of trust; by a person using his official position; 9) for the purpose of involving a minor in committing crimes or other antisocial actions; 10) using the financial or other dependence of the victim; 11) in relation to a minor who is known to the perpetrator to be pregnant; 12) in relation to a minor who is known to be suffering from a mental disorder or is in a helpless state; 13) with the seizure, concealment or destruction of documents identifying the victim - shall be punishable by imprisonment for a term of seven to ten years with confiscation of property. 3. Acts provided for in parts one or two of this article, committed for the purpose of export outside the Republic of Kazakhstan, import into the Republic of Kazakhstan or transportation of a minor through the territory of the Republic of Kazakhstan from one foreign state to another, as well as export outside the Republic of Kazakhstan, import into the Republic Kazakhstan or transportation of a minor through the territory of the Republic of Kazakhstan from one foreign state to another state for the purpose of committing such acts is punishable by imprisonment for a term of ten to twelve years with confiscation of property. 4. Acts provided for in parts one, two or three of this article, if they: 1) were committed by a criminal group; 2) caused by negligence the death of the victim or other grave consequences, - shall be punishable by imprisonment for a term of twelve to fifteen years with confiscation of property.
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Article 140. Failure to fulfill obligations to raise a minor
1. Failure to fulfill or improper fulfillment without good reason of the duties of raising a minor by a parent or other person entrusted with these duties, as well as by a teacher or other employee of an educational, educational, medical or other institution obliged to supervise the minor, resulting in the minor’s consumption of alcoholic beverages , narcotic drugs, psychotropic substances, their analogues, or engaging in vagrancy or begging, or committing an act containing signs of a crime, an intentional criminal offense or an intentional administrative offense, is punishable by a fine in the amount of up to two hundred monthly calculation indices or correctional labor in the same amount, or by engaging in community service for a term of up to one hundred and eighty hours, or by arrest for a term of up to sixty days. 2. Failure to fulfill or improper fulfillment of duties for the upbringing of a minor by a parent or other person entrusted with these duties, as well as by a teacher or other employee of an educational, educational, medical or other institution obliged to supervise the minor, coupled with cruel treatment of the minor, – is punishable by a fine in the amount of up to three hundred monthly calculation indices, or correctional labor in the same amount, or involvement in public works for a period of up to two hundred and forty hours, or arrest for a period of up to seventy-five days, with deprivation of the right to occupy certain positions or engage in certain activities for a period up to three years or without it.
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Article 141. Improper performance of duties to ensure the safety of life and health of children
1. Inadequate performance of duties to ensure the safety of life and health of a minor by a person who is assigned such duties in the service, or by a person performing these duties on a special assignment or who voluntarily assumed such duties, if this resulted in negligence causing grave or moderate harm to the minor harm to health, is punishable by a fine in the amount of up to two thousand monthly calculation indices, or correctional labor in the same amount, or restriction of freedom for up to two years, or imprisonment for the same term, with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it. 2. The same act, which through negligence resulted in the death of a minor, is punishable by restriction of freedom for a term of up to five years or imprisonment for the same term, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Article 143. Illegal export of a minor outside
the Republic of Kazakhstan
1. Illegal removal of a minor outside the Republic of Kazakhstan is punishable by a fine in the amount of up to two thousand monthly calculation indices, or correctional labor in the same amount, or restriction of freedom for a term of up to two years, or imprisonment freedom for the same period. 2. The same act, committed for mercenary or other base motives, or by a group of persons by prior conspiracy, is punishable by a fine in the amount of up to five thousand monthly calculation indices, or correctional labor in the same amount, or restriction of freedom for a term of up to five years, or imprisonment for the same period, with or without confiscation of property.
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3. Acts provided for in parts one or two of this article, committed by a criminal group, are punishable by imprisonment for a term of three to seven years with or without confiscation of property.
Article 144. Involvement of minors in the production
of products with erotic content.
Involvement of a minor in the production of products with erotic content, as well as in the distribution, advertising and sale of products with erotic content, is punishable by a fine in the amount of up to one hundred monthly calculation indices, or correctional labor in the same amount, or involvement in community service for up to one hundred and twenty hours, or arrest for up to forty-five days.
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23.Article No. 144 Involvement of minors in the production of products with erotic content.
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Compiled by E. Kolotiy
No. 6. Severe penalties for parents, guardians and teachers
According to the Ministry of Internal Affairs, 77% of rapes of children in the Republic of Kazakhstan are committed by their relatives and friends. The bill proposes to toughen penalties against parents, guardians and teachers who commit a crime of a sexual nature against children. In the current Article 120 of the Criminal Code of the Republic of Kazakhstan (“Rape”), in cases where violence is committed by loved ones or teachers, they face a prison term of 12 to 17 years. In the new version, they are proposed to be imprisoned for a term of 15 to 20 years
with lifelong deprivation of the right to hold certain positions or engage in certain activities.
Prison is inevitable
The highlight of the new Criminal Code can rightfully be considered Article 68 , which regulates exemption from criminal liability in connection with reconciliation. This article states that from now on it will be impossible to come to a mutual agreement if a crime, even if committed through negligence, ends in death.
The old edition of the Code classified a fatal road accident as manslaughter (Article 101 of the Criminal Code of the Republic of Kazakhstan) and established that a person who committed a crime of average gravity , which a fatal road accident was considered, “may be released from criminal liability if he has reconciled with the victim, the applicant, including through mediation, and made amends for the harm caused to the victim, the applicant.”
The legal norm was made full use of by domestic officials, moneybags and their offspring, who famously paid their way out of prison by flying drunk on the roads, killing people, and then “making amends” to the relatives of the victims. It’s one thing for Maksat Usenov, who shot down six people at once in Almaty last December, for what it’s worth. One victim died then, several received serious injuries, but the son of a capital bureaucrat managed to sort it all out, getting off with only a ridiculous fine, 45 days of arrest and deprivation of the right to drive a vehicle until 2021.
The whole of Kazakhstan was buzzing about the tragedy that occurred near the Tselinny cinema in Almaty for more than six months. However, the culprit of the accident did not suffer serious punishment - the criminal case was closed due to the reconciliation of the parties
No. 7. Punishment for child molestation by parents and guardians
They also plan to toughen the punishment for parents, guardians and teachers under Article 124 of the Criminal Code of the Republic of Kazakhstan (“Corruption of minors”). The proposed sentence is from 7 to 12 years.
Now it is from 7 to 10 years.
For molestation of persons under 14 years of age, instead of a term of 7 to 12 years, adults can receive from 10 to 15 years
imprisonment.
For sexual intercourse with a minor, relatives and people responsible for raising a child (Article 122 of the Criminal Code of the Republic of Kazakhstan) are sentenced to 7 to 12 years.
imprisonment (in the current version this is from 7 to 10 years).
No. 8. The article “Sexual Harassment” will appear for the first time
A fundamentally new article “Sexual Harassment” may appear in the Criminal Code. The draft describes harassment as:
- unwanted sexual advances;
- demands for sexual favors and other verbal or physical conduct of a sexual nature;
- bullying, unwanted promises of reward in exchange for sexual favors;
- other verbal or physical (hugs, touching) harassment of a sexual nature.
As a punishment for sexual harassment, it is proposed to introduce fines in the amount of up to two hundred monthly calculation indices or arrest for up to fifty days.
From the editor
After reading the document again, you come to the conclusion: yes, the new Criminal Code is harsh! But maybe that’s what’s needed? Otherwise, some of our drivers do not understand that when they get behind the wheel, they are responsible, and responsible for society, for dozens of human lives. You just need to get it into your head: follow the traffic rules! Make every effort to achieve this. This is at least the responsibility of every driver.
