PAROLE FOR CRIMES AGAINST THE SEXUAL INTEGRITY OF MINORS: INTERNATIONAL EXPERIENCE AND KAZAKHSTAN PRACTICE

In the context of the rapid development of society and scientific and technological progress, new challenges and types of criminal activity are emerging, which requires appropriate legal regulation to protect the lives, rights and interests of children. Being aware of the responsibility to present and future generations, as well as taking into account the age of children and their vulnerability to various illegal actions and negative factors, the State at the constitutional level recognizes the priority and need for special protection of the rights and legitimate interests of children. The article discusses the specifics of the application of parole (hereinafter - parole) in the context of the criminal legislation of the Republic of Kazakhstan and international experience. The main focus is on the protection of minors and tougher penalties for crimes against the sexual integrity of children. The authors focus on zero tolerance for sexual abuse of children, which is reflected in the importance of strengthening penalties for such crimes and banning parole for such criminals. The authors consider international experience, including the legislation of Russia, Kyrgyzstan, China, Vietnam and the USA, where parole is regulated taking into account the severity of crimes and special conditions for repeat offenders. Special attention is paid to the need to harmonize Kazakh legislation with international standards, which contributes to the protection of children's rights and the maintenance of social justice. The article also discusses proposed measures to strengthen criminal liability for crimes against children, such as increasing the terms of imprisonment, which will automatically delay the possibility of parole. The authors conclude that a balanced approach is necessary to preserve the right of convicts to parole, while ensuring strict punishment for particularly serious crimes.

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Publication Details

Journal
Bulletin of Institute of Legislation and Legal Information of the Republic of Kazakhstan
Published
2024-12-27
DOI
https://doi.org/10.52026/2788-5291_2024_79_4_149
Primary Topic
Torture, Ethics, and Law
Type
article
Field-Weighted Citation Impact
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article

PAROLE FOR CRIMES AGAINST THE SEXUAL INTEGRITY OF MINORS: INTERNATIONAL EXPERIENCE AND KAZAKHSTAN PRACTICE

Kairat Eslyamkalievich Ismagulov, Nurgul Erkinovna Urbissinova, Aliya Serzhanovna Koshkinbayeva Koshkinbayeva, Galiya Amangeldinovna Zhumabayeva
Bulletin of Institute of Legislation and Legal Information of the Republic of Kazakhstan
Torture, Ethics, and Law
article

PAROLE FOR CRIMES AGAINST THE SEXUAL INTEGRITY OF MINORS: INTERNATIONAL EXPERIENCE AND KAZAKHSTAN PRACTICE

Kairat Eslyamkalievich Ismagulov, Nurgul Erkinovna Urbissinova, Aliya Serzhanovna Koshkinbayeva Koshkinbayeva, Galiya Amangeldinovna Zhumabayeva
article en

Abstract

In the context of the rapid development of society and scientific and technological progress, new challenges and types of criminal activity are emerging, which requires appropriate legal regulation to protect the lives, rights and interests of children. Being aware of the responsibility to present and future generations, as well as taking into account the age of children and their vulnerability to various illegal actions and negative factors, the State at the constitutional level recognizes the priority and need for special protection of the rights and legitimate interests of children. The article discusses the specifics of the application of parole (hereinafter - parole) in the context of the criminal legislation of the Republic of Kazakhstan and international experience. The main focus is on the protection of minors and tougher penalties for crimes against the sexual integrity of children. The authors focus on zero tolerance for sexual abuse of children, which is reflected in the importance of strengthening penalties for such crimes and banning parole for such criminals. The authors consider international experience, including the legislation of Russia, Kyrgyzstan, China, Vietnam and the USA, where parole is regulated taking into account the severity of crimes and special conditions for repeat offenders. Special attention is paid to the need to harmonize Kazakh legislation with international standards, which contributes to the protection of children's rights and the maintenance of social justice. The article also discusses proposed measures to strengthen criminal liability for crimes against children, such as increasing the terms of imprisonment, which will automatically delay the possibility of parole. The authors conclude that a balanced approach is necessary to preserve the right of convicts to parole, while ensuring strict punishment for particularly serious crimes.

Bulletin of Institute of Legislation and Legal Information of the Republic of KazakhstanVol. 4(79)
Turan University (KZ), Systems Analytics (United States) (US), Astana Medical University (KZ), Constitutional Court of Korea (KR), Independent Expert Consulting Board to Promote Scientific Research Activity in Kazakhstan (KZ)
Peace, Justice and strong institutions
Openalex Percentile: Top 59%
Torture, Ethics, and Law
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