Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC


of May 21, 1998

(The last edition from 20-06-2019)

General part

Section I. Penal statute

Chapter 1. Tasks and principles of the penal statute of the Republic of Tajikistan. Bases of criminal liability
Article 1. Penal statute of the Republic of Tajikistan 

1) the Penal statute of the Republic of Tajikistan consists of of this Code. The new laws providing criminal liability are subject to inclusion in the Criminal Code.

2) This Code is based on the Constitution of the Republic of Tajikistan and the conventional principles and rules of international law.

Article 2. Tasks of the Criminal Code of the Republic of Tajikistan

1) Tasks of this Code is protection of rights and freedoms of man and citizen, public safety and health of the population, the environment, public order and morality, property, protection of the constitutional system and safety of the Republic of Tajikistan against criminal encroachments, providing the world and safety of mankind, education of citizens in the spirit of observance of the Constitution and the laws of the republic, and also the prevention of crimes.

2) For implementation of these tasks this Code establishes the basis and the principles of criminal liability, determines what dangerous to the personality, societies or the states of act are recognized crimes, and establishes types of punishment and other measures of criminal and legal nature for their making.

Article 3. Principles of the Penal Statute and criminal liability

The penal statute is based on the principles of legality, equality before the law, inevitability of responsibility, the personal liability, guilt, justice, humanity, democratism.

Article 4. Principle of legality

1) Crime of act, its punishability and other criminal consequence in law are determined only by this Code.

2) Nobody can be found guilty of crime execution, and also will subject to criminal penalty other than according to the court verdict and according to the law.

3) Application of the penal statute by analogy is not allowed.

4) Contents of the Criminal Code should be understood in strict accordance with its text.

Article 5. Principle of equality before the law

Persons who committed crimes are equal before the law and races, nationalities, nationality, language, the relation to religion, political convictions, education, social, official and property status, belonging to political parties to public associations, the residence and other circumstances are subject to criminal liability irrespective of floor.

Article 6. Principle of inevitability of responsibility

Each person who committed crime is subject to the punishment or other measures of criminal and legal nature provided by this Code.

Article 7. Principle of the personal liability and guilt

1) Nobody can bear criminal liability otherwise than for own acts (actions or failure to act).

2) Person is subject to criminal liability only for those socially dangerous acts and the come socially dangerous effects concerning which his guilt is ascertained.

3) Objective imputation, that is criminal liability for innocent damnification, is not allowed.

Article 8. Concept of justice

1) the Punishment and other measures of criminal and legal nature which are subject to application to person who committed crime shall be fair, that is correspond to nature and degree of public danger of crime, circumstances of its making and the identity of the guilty person.

2) Nobody can bear criminal liability twice for the same crime.

Article 9. Principle of humanity

1) to Person who committed crime penalty shall be imposed or the measure of criminal and legal nature necessary and sufficient for its correction and the prevention of new crimes is applied.

2) the Punishment and other measures of criminal and legal nature applied to person who committed crime cannot aim at causing physical sufferings or humiliation of human dignity.

Article 10. Principle of democratism

In the cases provided by this Code political parties public associations, self-government institutions of citizens or collectives according to their petition and from their consent are involved in correction of persons who committed crimes.

Article 11. Basis of criminal liability

The basis of criminal liability is making of the act containing all signs of the actus reus provided by this Code.

Article 11 (1). Rules of interpretation of the penal statute

1) If the criminal precept of law is stated ambiguously or can be interpreted ambiguously, then interpretation (interpretation) shall be performed for benefit of the person accused (the defendant, the convict).

2) the Terms and (or) concepts used in this Code have the same value what they have in the relevant laws if other is not provided by the Criminal code.

3) giving of different values to identical formulations within of this Code Is forbidden if there is no special provision about it in this Code.

Chapter 2. Action of the penal statute in time and space
Article 12. Action of the penal statute in time

1) Crime and punishability of act is determined by the law existing during its making.

2) Time of crime execution time of implementation of socially dangerous act irrespective of time of approach of effects is recognized.

Article 13. Retroactive effect of the penal statute

1) the Penal statute eliminating crime of act, commuting penalty or otherwise improving provision of person who committed crime has retroactive force, that is extends to persons who made the corresponding act to the introduction of such law in force including to the persons serving or who served sentence, but having criminal record. From coming into force of the law eliminating crime of act, the corresponding act made before its entry into force it is not considered criminal.

2) If the new penal statute mitigates punishability of act for which person serves sentence, the imposed penalty is subject to reducing according to upper limit of the sanction of again published penal statute.

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