PRESIDENTIAL DECREE OF THE REPUBLIC OF TAJIKISTAN

of May 26, 1997 No. 729

About approval of the Regulations on procedure of pardon of persons condemned by courts of the Republic of Tajikistan

1. Approve Regulations on procedure of pardon of persons condemned by courts of the Republic of Tajikistan it (is applied).

2. Recognize invalid the Presidential decree of the Republic of Tajikistan of August 21, 1995 as No. 304 "About approval of the Regulations on procedure of pardon of persons condemned by courts of the Republic of Tajikistan".

Approved by the Presidential decree of the Republic of Tajikistan of May 26, 1997 No. 729

Regulations on procedure of pardon of persons condemned by courts of the Republic of Tajikistan

1. According to article 69 of the Constitution of the Republic of Tajikistan the President of the Republic of Tajikistan resolves issues of pardon of persons condemned by courts of the Republic of Tajikistan.

The president of the Republic of Tajikistan except the plea for mercy considers:

a) materials concerning the persons condemned to capital punishment and who did not submit the plea for mercy;

b) ideas of the Chairman of the Supreme Court of the Republic of Tajikistan or the Attorney-General of the Republic of Tajikistan of application of pardon to persons condemned by courts of the Republic of Tajikistan to capital punishment;

c) statements of persons who served sentences for exemption of the means which are subject to collection on sentences of courts or on decisions of the courts if the civil action directly follows from criminal case, for benefit of the state or the state organizations consisting on the republican or local budget.

2. Pardon of convicts is performed in type:

replacements of capital punishment with imprisonment;

full or partial relief from serving, as the main, and additional term of punishment;

replacements of punishment or its unexpired part with milder pinishment;

3. Pardon is applied, as a rule, according to personal petitions of convicts.

Pleas for mercy are considered only after the introduction of sentences in legal force.

4. By consideration of pleas for mercy are taken into account:

nature and degree of public danger of the committed crime, the identity of the convict, his behavior, the relation to work, participation in work of the amateur organizations in places of serving sentence, term of the served sentence and other circumstances;

opinion of administration of correctional institution or other body which knows execution of sentence, the supervisory committee, commission on cases of minor, public organizations and labor collectives.

5. Persons condemned to capital punishment can address with the petition the President of the Republic of Tajikistan within seven days from the date of delivery of the copy of sentence by it or cassation determination. If the convict to capital punishment does not submit the plea for mercy to the specified time or will declare the unwillingness to address with such petition, about it the statement by administration of organization in the location of the convict is in accordance with the established procedure drawn up. The petition or the act with the corresponding materials goes addressed to the President of the Republic of Tajikistan no later than three-day term from the date of acceptance of the petition or creation of the act. Execution of sentence concerning person condemned to capital punishment stops before consideration of the petition or materials about refusal of submission of the petition about pardons;

6. Pleas for mercy of convicts, and also the materials and representations specified in Article of 1 this provision before their introduction for consideration of the President of the Republic of Tajikistan are considered previously by the Commission in case of the President of the Republic of Tajikistan concerning pardon and nationality.

7. Management of the commission is performed by the Commission chairman in case of the President of the Republic of Tajikistan concerning pardon and nationality, and in its absence his deputy.

Counselors of state of the President of the Republic of Tajikistan, the chairman of the Supreme Court of the Republic of Tajikistan, the Attorney-General of the Republic of Tajikistan, the Minister of Internal Affairs of the Republic of Tajikistan, the minister of safety of the Republic of Tajikistan, the Minister of Justice of the Republic of Tajikistan, managers of departments of Executive office of the President of the Republic of Tajikistan are part of the commission.

Also deputy managers of the ministries and departments listed in the paragraph the second this Item can participate in commission sessions.

According to the decision of the Commission People's Deputies, representatives of state bodies, public associations and labor collectives of the Republic of Tajikistan can participate in its work.

Commission sessions are held quarterly.

Work of the commission is considered competent with the assistance of most of members of the commission.

The commission requests the materials necessary for consideration of pleas for mercy, from the relevant state bodies and public organizations, and also their opinion on feasibility of application of the act of pardon, can give them instructions about check of single questions. The decision of the commission is made by a majority vote.

8. Commission sessions are held by the Commission chairman in case of the President of the Republic of Tajikistan or according to its order his deputy.

Offers of the commission on consideration of pleas for mercy are entered in the protocol which is signed by all members of the commission.

9. The commission periodically informs the President of the Republic of Tajikistan on work on consideration of pleas for mercy.

10. Pleas for mercy of convicts, and also the materials, representations and statements specified in subitems "an" and "b" of Item of 1 this provision and the drafts of the corresponding presidential decrees of the Republic of Tajikistan prepared by the commission are submitted for consideration of the President of the Republic of Tajikistan.

11. The decision on pardon of convicts, variations of pleas for mercy of convicts is accepted by the President of the Republic of Tajikistan in the form of the Decree.

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