LAW OF THE REPUBLIC OF TAJIKISTAN

of January 3, 2024 No. 2017

About modification and amendments in the Code of penal procedure of the Republic of Tajikistan

Accepted by the Resolution MH MOPT of December 6, 2023, No. 1171

Approved by the Resolution MM MORT of December 27, 2023, No. 438

Article 1. Bring in the Code of penal procedure of the Republic of Tajikistan accepted by the Law of the Republic of Tajikistan of December 3, 2009 (Akhbori of Majlisi Oli of the Republic of Tajikistan, 2009, No. 12, the Art. 815, Art. 816; 2010, No. 7, Art. 551; 2011, No. 3, Art. 159, No. 7-8, Art. 609; 2012, No. 4, Art. 259, No. 7, Art. 714, No. 8, Art. 815, No. 12, h 1, Art. 1020, Art. 1025; 2013, No. 7, Art. 510, Art. 511; 2014, No. 3, Art. 142, No. 11, Art. 643; 2015, No. 11, Art. 950; 2016, No. 3, Art. 128, No. 5, Art. 357, No. 7, Art. 610, Art. 611; 2017, No. 1-2, of Art. 4; 2018, No. 5, Art. 267; 2019, No. 1, Art. 3; 2020, Art. No. 7-9, 602, Art. 608; 2021, Art. No. 1-2, 5, No. 4, Art. 197, No. 12, h 2, Art. 684, Art. 685; 2022, Art. No. 1-3, 4, No. 7, Art. 442; No. 12, h 2, Art. 766, Art. 767), following changes and amendments:

1. In paragraph six of part 1 of Article 138 "search" shall be replaced with words the word "search and issue".

2. Exclude, add the Section XII with part IV of the following content:

"Part IV. International cooperation in the field of criminal proceedings

Section XII. Interaction of courts, prosecutors, investigators and bodies of inquiry with authorized bodies and officials of foreign states

Chapter 48. Interaction of courts, prosecutors, investigators and bodies of inquiry with relevant organs and officials of foreign states according to the procedure of rendering legal assistance on criminal cases

Article 470. The sphere of the international legal cooperation in the field of criminal proceedings

1. International cooperation in the criminal procedure sphere is performed for the purpose of rendering mutual legal assistance to authorized bodies of foreign states for making of certain legal proceedings, issue of documents, implementation of criminal prosecution, issue of person and return during the certain period of time of temporarily issued person, person suffering from mental disease to which enforcement powers of medical nature were applied of transit transportation and temporary transfer of person recognitions and execution of court resolutions are performed based on the international treaties recognized by Tajikistan.

2. Other forms of interaction on criminal cases which are not provided by this Code can be established as agreed by the parties.

Article 471. Rendering legal assistance

1. In the absence of the international treaty of the Republic of Tajikistan the legal assistance can be given based on request of foreign state or request of the central body of the Republic of Tajikistan on the basis of cooperation of the parties.

2. The central body of the Republic of Tajikistan, sending foreign state inquiry for rendering legal assistance, in writing guarantees to the required party to review in the future its request about rendering legal assistance.

3. In accordance with the terms of part of 1 this Article the central body of the Republic of Tajikistan reviews request of foreign state only in the presence of the written guarantee of the requesting party to accept and review in the future request of the Republic of Tajikistan on the basis of cooperation of the parties.

4. The central body of the Republic of Tajikistan in case of request about rendering legal assistance to foreign state on the basis of cooperation of the parties is guided by this Code.

5. In the absence of the international treaty with foreign state the central body of the Republic of Tajikistan sends inquiry for rendering legal assistance to the required party in the diplomatic way.

Article 472. Central and authorized bodies

1. The Prosecutor General's Office of the Republic of Tajikistan being the central body for international cooperation in the criminal procedure sphere, addresses for rendering legal assistance in authorized bodies of foreign state and reviews such requests of the central and authorized bodies of foreign states.

2. The Supreme Court of the Republic of Tajikistan as the central body turns to the courts of foreign states with requests of courts of the Republic of Tajikistan about rendering legal assistance during legal proceedings and reviews the corresponding requests of courts of foreign states.

3. Authorized bodies of the Republic of Tajikistan the Ministry of Internal Affairs of the Republic of Tajikistan, the State committee of homeland security of the Republic of Tajikistan, Agency on the state financial control and fight against corruption of the Republic of Tajikistan and Agency on control of drugs in case of the President of the Republic of Tajikistan on the criminal cases which are in their production directly make in authorized bodies of foreign state inquiries about rendering legal assistance in case of production of the legal proceedings which are not requiring the consent of the prosecutor and the sanction of court and solve the corresponding queries of foreign authorized bodies.

4. Other inquiries about rendering legal assistance are sent and accepted only through central bodies - the Prosecutor General's Office of the Republic of Tajikistan and the Supreme Court of the Republic of Tajikistan.

Article 473. Request about rendering legal assistance

1. The request about rendering legal assistance is constituted by authorized bodies based on requirements of this Code and (or) the corresponding international treaty of the Republic of Tajikistan.

2. The request and documents attached to it are constituted in writing in the official form which makes sure the signature of the head of authorized body or person, it replacing and official stamp.

3. The request and documents attached to it go transfer into the language defined by the corresponding international treaty of the Republic of Tajikistan, and in case of its absence - on required or requesting the parties or on the language accepted by the parties.

4. The inquiry is sent by the central body of the Republic of Tajikistan to foreign state by mail, and in immediate cases - by e-mail, facsimile or other means of communication. In that case the original of request goes by mail not later than five days from the moment of its transfer by e-mail, facsimile or other means of communication.

5. In case of refusal in sending an inquiry, all materials return the central body of the Republic of Tajikistan to the body which provided request with statement of shortcomings which need to be eliminated or explanation of the reasons of impossibility of sending an inquiry.

6. The central and authorized bodies of the Republic of Tajikistan can take cognizance of the request which arrived from the requesting party by e-mail, facsimile or other means of communication. Execution of such request is performed only on condition of confirmation of sending or transfer of its original. The direction to the central body and authorized body of foreign state of materials of the solved query perhaps only in case of receipt of the original of request by the central body of the Republic of Tajikistan.

Article 474. Validity of documents

1. The documents represented in connection with request about rendering legal assistance which are constituted by the official of authorized body of the requesting or required party and are confirmed with seal of authorized body, are accepted in the territory of the Republic of Tajikistan without additional certification (legalization or apostille).

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