Commentary on Article 135. Trafficking in Minors of the Criminal Code of the Republic of Kazakhstan

1. The purchase and sale or the conclusion of other transactions involving a minor, as well as the exploitation of a minor or the recruitment, transportation, transfer, harbouring, receipt thereof, or the commission of other acts for the purpose of exploitation, shall be punishable by imprisonment for a term of five to nine years, with confiscation of property.

2. The same acts committed:

1) by a group of persons acting upon prior conspiracy;

2) repeatedly;

3) with the use of violence dangerous to life and health, or the threat of such violence;

4) with the use of weapons or objects used as weapons;

5) in respect of two or more persons;

6) for the purpose of removing the victim's organs or tissues for transplantation or other use;

7) by means of deception or abuse of trust;

8) by a person using his or her official position;

9) for the purpose of involving a minor in the commission of crimes or other antisocial acts;

10) through the use of the victim's material or other dependence;

11) in respect of a minor female who is knowingly pregnant to the perpetrator;

12) in respect of a minor who is knowingly suffering from a mental disorder or is in a helpless condition;

13) involving the removal, concealment or destruction of documents certifying the victim's identity, shall be punishable by imprisonment for a term of nine to twelve years, with confiscation of property.

3. The acts provided for in Parts One or Two of this Article, committed for the purpose of taking a minor outside the Republic of Kazakhstan, bringing a minor into the Republic of Kazakhstan, or transporting a minor through the territory of the Republic of Kazakhstan from one foreign state to another, as well as taking a minor outside the Republic of Kazakhstan, bringing a minor into the Republic of Kazakhstan, or transporting a minor through the territory of the Republic of Kazakhstan from one foreign state to another for the purpose of committing such acts, shall be punishable by imprisonment for a term of ten to fifteen years, with confiscation of property.

4. The acts provided for in Parts One, Two or Three of this Article, if they:

1) are committed by a criminal group;

2) result in the negligent death of the victim or other grave consequences, shall be punishable by imprisonment for a term of twelve to eighteen years, with confiscation of property.

The social danger of the crime provided for in the Article under commentary lies in the fact that, as a result of the commission of such an act, minors become a “thing” or a “commodity”. This is in itself a deeply cynical phenomenon that tramples upon universal human values. Furthermore, the severance of objectively existing family ties between parents and minors disrupts the normal moral, physical and intellectual development of the minor.

As a result of the commission of this act, an impact is exerted on the still-developing psyche of minors.

The growing number of cases involving the unlawful removal of minors abroad causes serious concern, since Kazakhstan is losing a significant part of its gene pool; our compatriot women are being sold to countries both near and far abroad, and adolescents are being abducted for the purpose of obtaining material remuneration.

The object of the crime under consideration is the personal liberty of a minor. An additional object may be the life and health of the minor, as well as the interests of the parents or close relatives in raising that adolescent.

The objective side is expressed in the purchase and sale or the conclusion of other transactions involving a minor, as well as in the exploitation of a minor or the recruitment, transportation, transfer, harbouring, receipt thereof, and the commission of other acts for the purpose of exploitation.

Trafficking in the form of purchase and sale should be understood as a transaction in which one party, in exchange for a certain payment, acquires a minor into temporary or permanent possession, while the other party sells the minor. Pursuant to Paragraph 1 of Article 406 of the Civil Code of the Republic of Kazakhstan, a purchase and sale agreement is an agreement under which one party (the seller) undertakes to transfer an item (goods) into the ownership of the other party (the buyer), while the buyer undertakes to accept those goods and pay a certain sum of money for them, which is referred to as the price.

Other transactions necessarily involve the element of consideration, that is, the transfer of a minor by one person to another for a mercenary or other antisocial purpose. The payment may consist not only of money but also of the performance of any civil-law transactions in the form of transferring or taking possession of a minor. These may include exchanging the minor for another minor, exchanging the minor for some item, gifting, pledging, transferring the minor in repayment of a debt, and so on. For example, acquiring a minor in exchange for a service of a material nature; the minor being gifted by his or her parents, legal representatives or relatives to strangers; the exchange of minors between the aforementioned persons; using minors as collateral; lending a minor temporarily for some form of exploitation or for earning money through illegal means, such as vagrancy, prostitution, male homosexuality, and so on.

The purchase and sale or the conclusion of other transactions involving a person should be considered a completed crime from the moment the person is transferred to other individuals. At the same time, the time at which remuneration is received for the sale of a person or for the conclusion of other transactions is irrelevant. Where a person, in addition to purchasing or selling a victim or concluding other transactions involving the victim, also involves the victim in prostitution or acts as a pimp for mercenary purposes, or organizes or maintains brothels for prostitution without the purpose of exploiting that same victim in other forms (for example, by forcing the victim to work, beg, etc.), each act established by the court as proven shall be subject to independent qualification under the relevant provisions on the aggregate of criminal offences: for the conclusion of a transaction — under Article 135 of the Criminal Code; for involving a person in prostitution — under Articles 134 and 308 of the Criminal Code; and for pimping or organizing and maintaining a brothel — under Article 309 of the Criminal Code.

Pursuant to Subparagraph 1) of Article 3 of the Criminal Code, human exploitation means:

the use by the perpetrator of forced labour, that is, any work or service required from a person through the use of violence or the threat of its use, which that person has not voluntarily offered to perform, except for cases provided for by the laws of the Republic of Kazakhstan;

the use by the perpetrator of another person's engagement in prostitution or other services provided by that person for the purpose of appropriating the income received, as well as compelling a person to provide services of a sexual nature without the perpetrator pursuing that purpose;

compelling a person to engage in begging, that is, to commit an antisocial act involving asking other persons for money and (or) other property;

other actions involving the exercise by the perpetrator of the powers of an owner in respect of a person who, for reasons beyond that person's control, is unable to refuse to perform work and (or) provide services for the perpetrator and (or) another person.

“Recruitment means,” as stated in Paragraph 5 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated 29 December 2012, “On the Practice of Applying Legislation Establishing Liability for Human Trafficking”, “obtaining the victim's consent to perform any work or engage in any activity, including unlawful activity, where this is connected with the purpose of exploitation. Recruitment methods may vary: promises of remuneration, offers of employment, deception, persuasion, blackmail, intimidation, threats and others.

Recruitment in human trafficking should be distinguished from involving a person in prostitution by reference to the moment of completion: recruitment is considered completed from the moment the recruited person gives consent to being exploited, whereas involving a person in prostitution is considered completed from the moment one of the described methods of action aimed at involving the person in prostitution is carried out, regardless of whether the person was successfully induced to engage in that type of activity.

If the person's intent in carrying out recruitment is directed solely at involving the person in prostitution, the act committed is subject to criminal-law assessment under the relevant provisions of Articles 308 or 134 of the Criminal Code, since the provisions of criminal law establishing liability for recruitment for the purpose of sexual exploitation and for involving a person in prostitution are in a state of competition as provided for in Part Three of Article 12 of the Criminal Code. Involving a person in prostitution and pimping for mercenary purposes constitute a form of exploitation and are special provisions in relation to Article 135 of the Criminal Code.”

Transportation should be understood as transporting a minor from one populated locality to another (within one district, one region or throughout Kazakhstan as a whole), excluding the removal of the minor abroad, since in such cases the actions of the perpetrator fall within the elements of Part 3 of Article 135 of the Criminal Code. The type of transport, the time and the method of transporting the person are irrelevant for the legal classification of the act. Transportation may involve not only delivering the person being transported accompanied by someone, but also purchasing travel documents for that person to the destination, which the victim reaches independently. Transportation is considered completed from the moment its implementation begins.

Transfer means the actions of the perpetrator involving the transfer of a minor, either for consideration or free of charge, for a specified period, for the purpose of exploiting the minor.

Harbouring is characterized by active actions expressed in the concealment of a minor that was not promised in advance and is carried out for the purpose of exploitation. This includes providing the minor with shelter or means of transportation, supplying forged documents, assisting in changing the minor's appearance, and the like. At the same time, harbouring a minor that was promised in advance is regarded as complicity in the crime in the form of aiding and abetting (Part 5 of Article 28 and Part 1 of Article 135 of the Criminal Code).

Receipt means taking possession of a person under a transaction other than purchase and sale, as an object of exploitation.

Other acts committed for the purpose of exploitation should be understood as the use of the intellectual or physical labour of a recruited person for the purpose of obtaining material benefit.

The forced use of a minor victim to perform acts of a sexual nature (lewd acts, the creation of pornographic photographs and video clips) is covered by the disposition of Article 135 of the Criminal Code and does not require additional qualification under Article 134 or Article 308 of the Criminal Code.

Involving a person in prostitution and pimping for mercenary purposes, being special provisions in relation to acts of sexual exploitation in human trafficking involving minors, as provided for in the disposition of Article 135 of the Criminal Code, are subject to qualification under the relevant Articles 134, 308 or 309 of the Criminal Code without additional qualification under Article 135 of the Criminal Code.

Victims should be recognized as persons in respect of whom at least one of the acts specified in Article 135 of the Criminal Code has been directly committed. Where it is necessary to establish the harm caused to a person in respect of whom the aforementioned acts have been committed, courts are entitled to involve persons possessing special knowledge.

Pursuant to the fourth paragraph of Paragraph 11 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan “On the Practice of Applying Legislation Establishing Liability for Human Trafficking”: “Victims shall not be held liable for illegal migration, intentional unlawful crossing of the State Border of the Republic of Kazakhstan, failure to comply with a decision on expulsion, violation of the rules of stay in the country, use of forged documents or unlawful employment, if these acts were committed by the victims in connection with their trafficking.”

It must be acknowledged that, in this respect, the Supreme Court has not provided a clear explanation of the issues it has raised.

Firstly, in the opinion of the Supreme Court, victims shall not be held liable for “illegal migration”. However, pursuant to Article 394 of the Criminal Code, criminal liability arises not for illegal migration but for the organization of illegal migration, which is not the same thing. Secondly, in the opinion of the Supreme Court of the Republic of Kazakhstan, victims shall not be held liable for failure to comply with a decision on expulsion. I would like to inform the Supreme Court that, by the Law of the Republic of Kazakhstan dated 21 January 2019, Article 393 of the Criminal Code, which provided for criminal liability for failure to comply with a decision on expulsion, was decriminalized, that is, excluded from the Criminal Code. Thirdly, one should agree with the position of the Supreme Court that victims shall not be held liable for intentional unlawful crossing of the State Border; however, there is no answer as to the circumstances in which they may be held liable under Article 392 of the Criminal Code. Nor is there an answer to other very important questions that may arise in judicial and investigative practice. Unfortunately, the Supreme Court does not always introduce amendments and additions in line with changes in legislation.

By its structure, the corpus delicti is formal. The purchase and sale or the conclusion of other transactions involving a minor should be considered a completed crime from the moment the minor is transferred to other persons. At the same time, the time at which remuneration is received for the sale of a minor or for the conclusion of other transactions is irrelevant. Recruitment is considered completed from the moment the recruited person gives consent to being exploited. Transportation is considered completed from the moment its implementation begins. Transfer and receipt should be considered completed from the moment of transfer and receipt for the purpose of exploitation, respectively. Harbouring for the purpose of subsequent exploitation should be considered a completed crime from the moment the minor is concealed from law enforcement authorities, relatives and other persons, as well as from the moment documents or appearance are changed and other similar actions are carried out that make it difficult to identify the victim.

The subjective side of the purchase and sale of a minor or the conclusion of other transactions involving the minor is characterized solely by direct intent, that is, the perpetrator is aware that he or she is entering into a civil-law transaction in which the minor is the “subject matter”, foresees that, as a result of his or her actions (for example, on the part of the seller — the transfer of the minor, and on the part of the buyer — the transfer of the agreed amount to the seller), the transaction will take place, and desires that the purchase and sale or other transaction be concluded. The purpose of concluding such transactions is irrelevant for the qualification of the act under Part 1 of Article 135 of the Criminal Code. For the qualification under Article 135 of the Criminal Code of the purchase and sale or conclusion of other transactions involving the victim, the existence of the specific purpose of exploitation is not required, since a human being cannot be the subject matter of transactions and such transactions are recognized as invalid from the moment of their conclusion. The purpose of exploiting a minor is a mandatory element in recruitment, transportation and harbouring of the victim, as well as in other acts provided for in Article 135 of the Criminal Code. The motive may also be altruistic, meaning an aspiration to save by such means a minor living in an adverse family environment where the parents, guardians, etc., fail to provide the minor with proper attention. Although the motive does not affect the legal classification of the crime, establishing it is necessary for the individualization of punishment.

The subject of the crime may be both the seller and the buyer of the minor. In relation to a minor, sellers may include parents, trustees, guardians and other persons, for example, close relatives with whom the minor is lawfully residing. In addition, adoptive parents (adopters) may also be sellers. Any persons may be buyers, with the exception of the minor's parents.

The qualifying elements provided for in Part 2 of the Article under commentary are:

1. commission by a group of persons acting upon prior conspiracy;
2. repeated commission;

with the use of violence dangerous to life and health, or the threat of such violence;

with the use of weapons or objects used as weapons;

in respect of two or more persons;

for the purpose of removing the victim's organs or tissues for transplantation or other use;

by means of deception or abuse of trust;

through the use of one's official position;

for the purpose of involving a minor in the commission of crimes or other antisocial acts;

through the use of the victim's material or other dependence;

in respect of a minor female who is knowingly pregnant to the perpetrator;

in respect of a minor who is knowingly suffering from a mental disorder or is in a helpless condition;

involving the removal, concealment or destruction of documents certifying the victim's identity.

Trafficking in minors shall be recognized as having been committed by a group of persons acting upon prior conspiracy (Subparagraph 1) of Part 2 of Article 135 of the Criminal Code) if two or more persons participated in carrying out a transaction involving a minor, having agreed in advance to jointly conclude such a transaction.

Pursuant to Article 12 of the Criminal Code, repeated purchase and sale or other transactions involving a minor in the form of transferring or taking possession of the minor shall occur where it is established that the same person has committed two or more acts provided for in Article 135 of the Criminal Code or in one of the Parts of that Article, provided that the intent to commit the second crime (trafficking in a minor) is formed anew each time (Subparagraph 2) of Part 2 of Article 135 of the Criminal Code).

Trafficking in minors shall be recognized as having been committed with the use of violence dangerous to life and health, or the threat of such violence (Subparagraph 3) of Part 2 of Article 135 of the Criminal Code), if, in the course of purchasing or selling a minor or concluding other transactions involving the minor, the perpetrator uses physical violence dangerous to the life and health of the victim or threatens to use such violence. In other words, at the time of trafficking, the perpetrator's actions create a real danger to the life and health of the minor (obstructing breathing, striking vital organs, etc.). Where harm is caused to the health of a minor, the perpetrator's actions should be qualified solely under Subparagraph 3) of Part 2 of Article 135 of the Criminal Code, without additional qualification for causing harm to the victim's health, since this is covered by the concept of “violence dangerous to life and health”. For a description of the concept of “violence dangerous to life and health”, see the commentary to Article 106 of the Criminal Code. In cases where murder is committed in the course of the crime under consideration, the perpetrator's act is qualified under the aggregate of crimes pursuant to Subparagraph 3) of Part 2 of Article 135 and Article 99 of the Criminal Code of the Republic of Kazakhstan.

Trafficking in minors committed through the use of psychological violence, as well as through the threat of violence dangerous to life and health, also entails qualification under Subparagraph 3) of Part 2 of Article 135 of the Criminal Code.

The purchase and sale or the conclusion of other transactions involving a minor committed with the use of weapons or objects used as weapons should be qualified under Subparagraph 4) of Part 2 of Article 135 of the Criminal Code.

Use means the actual employment of a weapon for its intended purpose or the use of objects employed as weapons to cause harm to human life and health. For a more detailed description of this qualifying element, see the commentary to Subparagraph 4) of Part 2 of Article 125 of the Criminal Code.

Pursuant to the Law of the Republic of Kazakhstan dated 30 December 1998 “On State Control over the Circulation of Certain Types of Weapons”, weapons are devices and objects structurally designed to strike living or other targets, as well as to give signals. The term “weapons” in this Subparagraph should be understood to include both firearms and bladed weapons. A firearm means a weapon in which a bullet, projectile or grenade is expelled from the bore of the barrel as a result of the energy of gunpowder or another charge. A bladed weapon means a weapon in which the means of directly striking a target is activated by the muscular force of a person. Other objects used as weapons may include any objects capable of causing harm to human health (pitchforks, axes, etc.).

Trafficking in two or more minors shall occur in cases where at least two minors have become victims of this act (Subparagraph 5) of Part 2 of Article 135 of the Criminal Code). This qualifying element is attributed only where the perpetrator's intent was initially formed to conclude transactions involving two or more minors.

If the perpetrator's intent did not encompass the conclusion of a transaction involving two or more persons and each crime was committed independently, the perpetrator's actions should be qualified under Subparagraph 2) of Part 2 of Article 135 of the Criminal Code as trafficking in minors committed repeatedly.

The actions of a person who has committed a completed crime, preparation for such crime and attempted commission of such crime constitute an aggregate of criminal offences.

The qualified corpus delicti of trafficking in minors is constituted by the commission of the act for the purpose of removing organs or tissues for transplantation or other use (Subparagraph 6) of Part 2 of Article 135 of the Criminal Code). Pursuant to Subparagraph 259) of Paragraph 1 of Article 1 of the Code of the Republic of Kazakhstan “On Public Health and the Healthcare System”, transplantation means the transfer and engraftment of tissues and (or) organs (parts of organs) to another location within an organism or into another organism.

Transplantation is a medical operation in which a diseased part of the human body is replaced with a healthy one taken from the same or another organism. Such operations have been associated from the outset with the right to introduce them into medical practice. The legal issues of transplantation are not only numerous but also differentiated according to its types. For criminal law, the identity of the donor of the transplant is of particular importance. Such a donor may be an animal or a human being.

The purpose of removing organs or tissues from a minor for transplantation may be attributed only to the participant in the transaction who was directly guided by that purpose when committing the crime.

The problem of determining the lawfulness of removing organs and tissues from living donors remains a complex issue today. Justified professional risk is possible if the removal of organs and tissues from living donors is permitted only when it is aimed at achieving a socially beneficial purpose — saving a patient's life (Article 36 of the Criminal Code). Risk shall be recognized as justified only if the medical professional has taken all possible and sufficient measures to prevent harm to the donor's life and health, based on modern medical knowledge and experience. At the same time, the recipient's written consent is a mandatory condition.

Establishing the fact of trafficking in a minor is sufficient to hold a person criminally liable. If transplantation of the minor's organs or tissues has taken place, the perpetrator should be held liable under Subparagraph 7) of Part 2 of Article 135 of the Criminal Code and Subparagraph 2) of Part 2 of Article 116 of the Criminal Code of the Republic of Kazakhstan, “Compelling the Removal or Unlawful Removal of Human Organs or Tissues”, as well as under the relevant Article of the Criminal Code providing for liability for the harm caused to health.

Where the purchase and sale or other transactions involving a minor are carried out by means of deception or abuse of trust, liability arises under Subparagraph 7) of Part 2 of Article 135 of the Criminal Code. A necessary condition for holding a person liable under Subparagraph 7) of Part 2 of Article 135 of the Criminal Code of the Republic of Kazakhstan is establishing the fact of deception or abuse of trust. Deception may be expressed in an intentional false statement concerning facts known to be non-existent or in concealing facts which, under the circumstances of the case, should have been disclosed to the minor. In the case of abuse of trust, the perpetrator uses special powers or personal relationships of trust established between the perpetrator and the minor in order to unlawfully take possession of the minor, or misleads the victim.

Trafficking in minors committed by a person using his or her official position (Subparagraph 8) of Part 2 of Article 135 of the Criminal Code) should be understood as the conclusion of transactions specified in the disposition of the Article where such transactions were facilitated by the position held by the perpetrator, and that very position significantly facilitated the implementation of the planned crime. It is irrelevant whether the perpetrator works in a state or non-state organization. Trafficking in a minor committed by an official constitutes a qualifying element of this crime and does not require additional qualification under Article 361 of the Criminal Code. For more detailed commentary on this qualifying element, see the commentary concerning Subparagraph 9) of Part 2 of Article 128 of the Criminal Code.

The purchase and sale or the conclusion of other transactions involving minors for the purpose of involving them in the commission of crimes or other antisocial acts (Subparagraph 9) of Part 2 of Article 135 of the Criminal Code) is regarded by the legislator as a qualified corpus delicti because the purpose pursued by the perpetrator significantly increases the degree of social danger of the act, since the perpetrator seeks to instil in the minor's consciousness a desire to engage in criminal and other antisocial activities. The concept of involving minors in the commission of criminal offences or other antisocial acts is provided in the commentary to Articles 132 and 133 of the Criminal Code.

Where the purchase and sale or other transactions involving a minor are carried out through the use of the victim's material or other dependence, the actions of the perpetrator fall within the elements of the crime provided for in Subparagraph 10) of Part 2 of Article 135 of the Criminal Code. At the same time, it should be borne in mind that the perpetrator's actions will constitute this element only where the perpetrator threatens to perform certain actions or unlawfully performs them against a person who is materially, professionally or otherwise dependent on the perpetrator, and such actions result in that person's sale. The victim's material dependence on the perpetrator may be обусловлена by full or partial financial support, residence in the perpetrator's living space, or circumstances in which the improvement or deterioration of the victim's financial situation depends on the perpetrator, and so on. Relations between a debtor and a creditor, or between an heir and a testator, may also constitute a state of material dependence. Other dependence should be understood as any non-material dependence of the victim on the perpetrator (for example, family relations, the dependence of a subordinate on a manager, or a student on a teacher).

The purchase and sale or the conclusion of other transactions involving a minor, as well as the exploitation of a minor or the recruitment, transportation, transfer, harbouring, receipt thereof, and the commission of other acts for the purpose of exploitation, in respect of a minor female who is knowingly pregnant to the perpetrator (Subparagraph 11) of Part 2 of Article 135 of the Criminal Code), occurs where the fact of pregnancy was covered by the perpetrator's intent.

The same acts committed in respect of a minor who is knowingly suffering from a mental disorder, or through the use of the victim's helpless condition, mean (Subparagraph 12) of Part 2 of Article 135 of the Criminal Code) that, due to his or her (physical or mental) condition, the minor does not understand the nature of the actions being committed against him or her or is unable to resist the offender.

Physical helplessness is recognized as a condition in which a minor is deprived of the ability to resist due to physical weakness caused by illness, blood loss, fatigue, etc., that is, as a result of certain physical deficiencies.

Mental helplessness is обусловлена by a special mental state in which the minor does not understand what is being done to him or her. Such a state may include sleep, unconsciousness, severe narcotic or alcohol intoxication, intellectual disability, or a pathological or unconscious state.

The same acts committed with the removal, concealment or destruction of documents certifying the victim's identity (Subparagraph 13) of Part 2 of Article 135 of the Criminal Code) mean that the perpetrator reliably knew that the victim had not reached the age of 18.

Removal of documents implies unlawfully depriving the victim of his or her valid documents, while concealment of such documents means their unlawful retention or storage. Destruction of documents certifying the victim's identity means their actual elimination, making it impossible to identify the person on the basis of those documents. The removal, concealment or destruction of an identity document places the minor victim in a dependent position and thereby facilitates the conclusion of transactions involving the minor, the transportation of the minor, detention abroad, and so on. These actions of the perpetrator are covered by the qualified corpus delicti of trafficking in minors and do not require additional qualification under Article 384 of the Criminal Code, which provides for criminal liability for the unlawful removal of documents, theft, destruction, damage or concealment of documents, stamps and seals.

Trafficking in minors accompanied by their unlawful removal from or entry into the Republic of Kazakhstan (Part 3 of Article 135) is considered by the legislator in view of the fact that such actions are taken in respect of a minor that lead to the severance not only of family ties but also of the minor's connection with the Republic.

In Paragraph 17 of its Regulatory Resolution dated 29 December 2012, the Supreme Court limited itself to citing only Part 3 of Article 128 and Article 135 of the Criminal Code, although there are a number of problematic issues here (see my commentary on this issue with reference to Part 3 of Article 128 of the Criminal Code).

Crimes with especially qualifying elements under Part 4 of Article 135 of the Criminal Code include the acts provided for in Parts 1, 2 and 3 of the Article under commentary, if they:

are committed by a criminal group;

result in the negligent death of the victim or other grave consequences.

A criminal group presupposes the existence of an organized group, criminal organization, criminal community, transnational organized group, transnational criminal organization, transnational criminal community, terrorist group, extremist group, gang or illegal paramilitary formation, which have united in advance for the purpose of committing the act under consideration against minors.

Criminal statistics and materials published in the legal press confirm that the number of such cases is currently increasing and that criminals are committing them by increasingly sophisticated methods. For additional information on criminal groups, see the commentary to Subparagraphs 15) and 7) of Part 2 of Article 99 of the Criminal Code.

Trafficking in minors resulting in the negligent death of the victim or other grave consequences presupposes the commission of a crime involving two forms of guilt. The acts specified in Article 135 of the Criminal Code that result in the negligent death of a minor or other grave consequences do not require additional qualification.

Other grave consequences may include mental disorders and other serious illnesses. If, in the course of exploiting a minor victim, other intentional crimes are committed against the minor (for example, murder, rape, infection with HIV or sexually transmitted diseases, unlawful performance of an abortion, etc.), the act committed should be qualified under the aggregate of crimes.

The abduction and unlawful deprivation of liberty of a minor for the purpose of exploitation, as well as subsequent criminal acts connected with trafficking in the minor, should be qualified under the aggregate of crimes pursuant to Subparagraph 2) of Part 3 of Article 125 of the Criminal Code or Subparagraph 2) of Part 3 of Article 126 of the Criminal Code and the relevant Parts of Article 135 of the Criminal Code.

The acts provided for in Parts 1 and 2 of Article 135 of the Criminal Code constitute serious crimes.

The acts provided for in Parts 3 and 4 of Article 135 of the Criminal Code constitute especially serious crimes.

Commentary of 2021 to the Criminal Code of the Republic of Kazakhstan by Isidor Shamilovich Borchashvili, Honoured Figure of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences, Member of the Scientific Advisory Councils under the Constitutional Council of the Republic of Kazakhstan and the Supreme Court of the Republic of Kazakhstan, Member of the Working Group on Reform of the Law Enforcement System under the Security Council of the Republic of Kazakhstan, Honoured Employee of the Ministry of Internal Affairs of the Republic of Kazakhstan.

Constitution Law Code Regulatory Act Decree Order Decision Resolution Advocate Almaty Lawyer Legal services Legal Consultation Civil Criminal Administrative cases and disputes Defence Arbitration cases Legal Company of Kazakhstan Law Office Court Cases Declaration Decree Order Resolution Decision Report Conclusion Application Conclusion Convention Contract Memorandum Methodology Rules Note Regulations Programme Charter Charter Article Commentary Resolution Regulations Protocol Draft Programme Rules Messages