of December 29, 2012 No. 7
About practice of application of the legislation establishing responsibility for human trafficking
For the purpose of the ensuring the correct and uniform application of the laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan, connected with human trafficking, the plenary session of the Supreme Court of the Republic of Kazakhstan decides:
1. Draw the attention of the bodies conducting criminal procedure that the correct application of the legislation establishing responsibility for human trafficking provides proper protection of human rights and freedoms.
2. The objective party of the crimes provided by articles 128 and 135 of the Criminal Code of Kazakhstan (further - UK), consists in infringement of human rights and freedoms and is expressed in purchase and sale or making of other transactions concerning the person, its operation, recruitment, transportation, transfer, concealment, and also in making of other acts for the purpose of operation.
For qualification of act on part one of article 128 UK and on part one of article 135 UK there is enough making factual determination at least of one of these Articles of action specified in disposition.
For qualification under Articles 128, 135 UK purchase and sale and making of other transactions concerning the victim availability of the special purpose of operation is not required as the person is not subject of transactions and such transactions are recognized invalid from the moment of their conclusion.
The purpose of exploitation of the person is obligatory sign in case of recruitment, transportation, transfer, concealment, receipt of the victim, and also in other acts provided by Articles 128, 135 UK. The structure of human trafficking is formal and it is considered ended from the moment of the actual purchase and sale, other transactions concerning the person.
Object of the crime connected with human trafficking are the human freedom, his personal security, the rights and legitimate interests, honor and advantage, the right to the free choice of residence, sort of occupation and profession.
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