Criminal Code of the Republic of Kazakhstan (1997, as amended 2005) (excerpts related to Trafficking in Human Beings) (English)
LAW No. 167 of 16 JULY 1997
OF THE REPUBLIC OF KAZAKHSTAN
THE CRIMINAL CODE OF THE REPUBLIC OF KAZAKHSTAN
Latest amendment:
17) Law №10 of 9th December 2004 of the Republic of Kazakhstan. Concerning the Introduction of amendments and additions to the Criminal, Criminal Procedural? Criminal Executive codes of the Republic of Kazakhstan on issues of simplification of procedures for investigation of criminal cases, decriminalization of certain corpora delicti and improvement of the legislation concerning administrative violations.
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THE SPECIAL PART
Chapter 1. Crimes Against a Person
Article 128. Recruitment, As Well As Export and Transit of Persons for Exploitation
1. Recruitment of persons, committed by way of deception, for the purpose of their sexual or other exploitation, -
shall be punished by a fine in an amount from one hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by correctional labour for a period up to two years, or restriction of freedom for a period up to two years, or detention under arrest for a period up to six months, or deprivation of freedom for a period up to one year.
2. The same act committed:
a) by a group of persons upon a preliminary collusion;
b) with regard to a juvenile, a given convict being aware of that, -
shall be punished by deprivation of freedom for a period up to five years.
3. Acts stipulated by the first or the second parts of this Article committed by an organised group, or committed for the purpose of export of recruited persons outside of the Republic of Kazakhstan, and equally export of people beyond the boundaries of Kazakhstan or carriage through the territory of Kazakhstan of people following from one foreign state to another, purposely for sexual or other exploitation -
shall be punished by deprivation of freedom for a period from three up to eight years, with forfeiture of property or without it.
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Chapter 2. Crimes Against the Family and Juveniles
Article 133. Trading in Juveniles
1. Purchase-and-sale of a juvenile, or the commission of other transactions with regard to a juvenile in the form of his transfer or getting possession of him, shall be punished by deprivation of freedom for a period from two to seven years.
2. The same acts committed:
a) repeatedly;
b) with regard to two or more juveniles;
c) by a group of persons upon a preliminary collusion or by an organised group;
d) by a person with the use of his official position;
e) with illegal export of a juvenile outside of the Republic of Kazakhstan, or his illegal import into the Republic of Kazakhstan;
f) for the purpose of involvement of a given juvenile into the commission of a crime or other anti-social actions;
g) for the purpose of extraction of organs or tissues of a given juvenile for transplantation, -
shall be punished by deprivation of freedom for a period from three up to ten years, with forfeiture of property or without it.
3. Acts stipulated by the first or second part of this Article which entailed, due to negligence, the death of a given juvenile or other grave consequences, -
shall be punished by deprivation of freedom for a period from seven to fifteen years with forfeiture of property or without it.
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