5. Penalties and Punishment.

 The following circumstances mitigate criminal liability and punishment:

a) commission of a crime of small gravity for the first time in consequence of a coincidence of circumstances;  b)age ofminority of a guilty person;  c)pregnancy;  d) the convict’s responsibility for his infant children;  e) rendering of medical or other aid to the victim after the commission of the crime, voluntary compensation for material loss and mental injury caused as a result of the crime, and other actions of effecting restitution of damage caused to the victim;

f) commission of a crime through coincidence or as a consequence of personal circumstances or out of compassion; g) commission of a crime as a result of physical or mental coercion, or by reason of subordination, material or any other dependence; h) commission of a crime through breach of the lawful conditions for necessary defense, in case of extreme necessity, the detention of a person who has perpetrated the crime, justified risk, or the execution of ordersor instructions; i) the illegality or amorality of the victim's behavior, which served as a pretext for the crime;

  j) sincere repentance of the criminal, giving himself up or active assistance in the exposure of a crime, incriminating other participants or tracking the illegally obtained property.

In Kazakhstan, an indefinite moratorium on executions, issued by presidential decree in December 2003, remains in place. The death penalty is retained in the Constitution as an exceptional punishment for two types of crimes: acts of terrorismresulting in death and grave crimes committed in time of war. The Constitutiongrants the right to appeal for pardon to all persons sentenced to death. TheCriminal Code of the Republic of Kazakhstan specifies 18 offences that fall into thetwo categories for which the Constitution allows the death penalty. During thereporting period, no amendments were introduced in national legislation regulatingthe application of the death penalty or the status of the moratorium on executions.The authorities of Kazakhstan did not undertake any steps towards the full abolition of capital punishment during this time.

6. Human Trafficking.

Human trafficking, also called trafficking in persons, form of modern-day slavery involving the illegal transport of individuals by force or deception for the purpose of labour, sexual exploitation, or activities in which others benefit financially. Human trafficking is a global problem affecting people of all ages. It is estimated that approximately 1,000,000 people are trafficked each year globally and that between 20,000 and 50,000 are trafficked into the United States, which is one of the largest destinations for victims of the sex-trafficking trade.Although human trafficking is recognized as a growing international phenomenon, a uniform definition has yet to be internationally adopted. The United Nations (UN) divides human trafficking into three categories—sex trafficking, labour trafficking, and the removal of organs—and defines human trafficking as the induction by force, fraud, or coercion of a person to engage in the sex trade, or the harbouring, transportation, or obtaining of a person for labour service or organ removal. Though the United States does not acknowledge the removal of organs in its definition, it does recognize sex and labour trafficking and describes human trafficking as the purposeful transportation of an individual for exploitation.The cause of human trafficking stems from adverse circumstances in origin countries, including religious persecution, political dissension, lack of employment opportunities, poverty, wars, and natural disasters. Another causal factor is globalization, which has catapulted developing countries into the world’s market, increasing the standard of living and contributing to the overall growth of the global economy. Unfortunately, globalization is a double-edged sword in that it has shaped the world’s market for the transportation of illegal migrants, affording criminal organizations the ability to expand their networks and create transnational routes that facilitate the transporting of migrants. The U.S. Department of State adds that the HIV/AIDS epidemic has generated a large number of orphans and child-headed households, especially in sub-Saharan Africa, a situation that creates fertile soil for trafficking and servitude.