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Ministry of Justice

Republic of Tajikistan 

On September 10, 2021 No. 55

LAW OF THE REPUBLIC OF TAJIKISTAN

of September 7, 2021 No. 1803

About amnesty

Accepted by the Resolution MH MOPT of September 6, 2021, No. 485

Based on representation of the President of the Republic of Tajikistan, for the purpose of implementation of the principle of humanity, in honor of the 30 anniversary of the State independence of the Republic of Tajikistan of Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan adopts the Law of the Republic of Tajikistan "About amnesty".

Article 1

Exempt from serving sentence in the form of imprisonment, irrespective of the term of the imposed penalty, and from serving of other punishments which are not connected with imprisonment, the following convicts:

1) women;

2) minors;

3) men is more senior than 55 years;

4) disabled people I, II and III groups, and also patients with malignant new growths 4 stages and 4 clinical groups on the international classification, malignant new growths of the lymphatic and haematogenic fabrics sick with active form of tuberculosis of respiratory organs and other bodies, coronary heart disease - stenocardia III and IV functional classes;

5) participants of the Great Patriotic War and persons equated to them, combatants in the territory of other states, and also persons who sustained injuries as a result of accident on the Chernobyl nuclear power plant;

6) persons awarded with the state awards of the USSR, the Tajik SSR and the Republic of Tajikistan;

7) foreign citizens.

Article 2

Exempt from serving sentence of the convicts who committed crimes on imprudence, irrespective of type of the imposed penalty.

Article 3

Exempt from punishment or serving sentence of the following convicts if:

1) in their relation execution of sentence is delayed;

2) in their relation punishment conditionally is not applied;

3) serve sentence in corrective colonies settlements;

4) conditionally - are ahead of schedule exempted from serving sentence;

Are condemned 5) to other punishments which are not connected with imprisonment;

Are condemned 6) for the crimes provided by parts 2, 3 and 4 Articles 245, parts 2 and 3 of Article 246, parts 3 and 4 of Article 247, part 3 Articles 253, parts 2 and 3 of Article 257, part 2 of Article 264 and article 292 of the Criminal code of the Republic of Tajikistan (in edition of 1998) and completely indemnified the caused material damage.

Article 4

Exempt the following convicts from serving sentence for making of intentional crimes:

1) for making of crimes of small and average weight to imprisonment for up to five years;

2) for making of serious crimes if they served at least one third of sentence of punishment in places of detention;

3) for making of especially serious crimes if they served at least three quarters of sentence of punishment in places of detention.

Article 5

Stop production on the following criminal cases which are in process of inquiry, pretrial investigation and on consideration of courts or not considered courts:

1) on the crimes committed before enforcement of this Law, persons provided in article 1 of this Law;

2) concerning persons who committed crimes on imprudence;

3) concerning persons who committed intentional crimes of small or average weight;

4) concerning persons who committed the crimes provided by parts 2, 3 and 4 Articles 245, parts 2 and 3 of Article 246, parts 3 and 4 of Article 247, part 3 Articles 253, parts 2 and 3 of Article 257, part 2 of Article 264 and article 292 of the Criminal code of the Republic of Tajikistan (in edition of 1998) and completely indemnified the caused material damage.

Article 6

Reduce the unexpired term of punishment of the following convicts to whom operations of articles 1, of 2, of Items 3) and 6) of the article 3, of articles 4 and 5 of this Law are not applied:

1) concerning convicts to whom for making of crimes on imprudence custodial sanction - on the one second part is imposed;

2) concerning convicts to whom for making of crimes of small and average weight custodial sanction on the one second part is imposed;

3) concerning convicts to whom for making of serious crime custodial sanction - on one third of term is imposed;

4) concerning convicts to whom for making of especially serious crime custodial sanction - on one quarter of term is imposed.

Article 7

Provisions of articles 5 and 6 of this Law are not applied to the following persons:

1) the crimes provided by Articles 61, of 62, of 63, of 64, of 65, of 66, of 67, of 68, of 69, of 70, of 74, of 104, 105 and 121 Criminal codes of the Republic of Tajikistan brought to trial, or condemned for making (in edition of 1961);

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