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CODE OF EXECUTION OF CRIMINAL PENALTIES OF THE REPUBLIC OF TAJIKISTAN

of August 6, 2001

(as amended on 18-07-2017)

General part

Section I. Basic provisions of the legislation of the Republic of Tajikistan on execution of criminal penalties

Chapter 1. General provisions

Article 1. Legislation of the Republic of Tajikistan on execution of criminal penalties

The legislation of the Republic of Tajikistan on execution of criminal penalties is based on the Constitution of the Republic of Tajikistan and consists of of this Code, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 2. Regulatory legal acts on execution of the punishment

Executive bodies on execution of the punishment have the right to adopt the regulatory legal acts based on the law concerning execution of punishments.

Article 3. Purposes and tasks of the legislation on execution of criminal penalties

1. The purpose of the legislation of the Republic of Tajikistan on execution of criminal penalties - correction of convicts and the prevention of new crimes, both from the convict, and from other persons.

2. Tasks of the legislation of the Republic of Tajikistan on execution of criminal penalties are: regulation of procedure and conditions of execution and serving of criminal penalty; determination of cures of convicts, protection of the rights, freedoms and legitimate interests of convicts; rendering to convicts help in social adaptation.

3. For implementation of these purposes and tasks this Code establishes general provisions and the principles of execution of the punishment and other measures of criminal and legal nature provided by the Criminal code; procedure and conditions of execution and serving sentence and use of cures of convicts; legal status of convicts and system of guarantees of providing their rights, freedoms and legitimate interests; procedure for activities of the organizations and bodies performing punishment, and also participations of public authorities and local government bodies, other organizations, public associations and citizens in correction of convicts; procedure for release from punishment and assistance to exempted.

Article 4. Bases of execution of the punishment and application of other measures of criminal and legal nature

The basis of execution of the punishment and application of other measures of criminal and legal nature is the sentence or the determination or the court order which took legal effect, and also the act of amnesty or pardon changing it.

Article 5. Operation of the legislation on execution of criminal penalties in time and in space

1. Execution of the punishment, and also use of cures of convicts and assistance to exempted are performed according to the legislation existing during their execution.

2. The legislation of the Republic of Tajikistan on execution of criminal penalties is applied in all territory of the Republic of Tajikistan.

Article 6. Operation of the legislation of the Republic of Tajikistan on execution of criminal penalties concerning persons condemned by courts of foreign state

Citizens of the Republic of Tajikistan, and also persons without citizenship who are constantly living in the Republic of Tajikistan condemned by courts of foreign state can be issued to the Republic of Tajikistan for execution or further serving sentence according to the international legal acts recognized by Tajikistan.

Article 7. Issue of persons condemned by courts of the Republic of Tajikistan

1. The citizens of the Republic of Tajikistan condemned by courts of the Republic of Tajikistan are not subject to issue to foreign state under no circumstances.

2. The foreign citizens and persons without citizenship condemned by courts of the Republic of Tajikistan can be issued to foreign state for execution or further serving sentence according to the international treaty of the Republic of Tajikistan.

Article 8. Principle of legality

1. Activities of the organizations, bodies and officials performing punishment are based on obligatory compliance with laws. Officials of these organizations and bodies bear responsibility for law enforcement in their activities according to established procedure.

2. Convicts shall observe steadily the requirements of the laws determining procedure and conditions of execution and serving sentence.

3. Their rights and obligations provided for them by the law shall be explained to convicts in full, access to the regulatory legal acts regulating execution of criminal penalty shall be provided to them.

Article 9. Principle of equality of convicts before the law

The procedure and conditions of execution of criminal penalty are determined irrespective of social, official and property status, political convictions, sort and nature of occupations of convicts before crime execution, their racial and national identity, nationality, education, language, the relation to religion and other circumstances.

Article 10. Principle of humanity

1. In the course of execution of the punishment the minimum the right of restrictions which are necessary and sufficient for punishment goal achievement is applied to the convict.

2. The convict is strictly forbidden to be subjected to tortures or the cruel, brutal or degrading its advantage address, medical or any other scientific experiments, even from its consent, capable to threaten dangers his life and health.

Article 11. Principle of democratism

1. Application to convicts of cures is performed on the basis of development of their useful initiative, self-government elements, with the assistance of the amateur organizations, close relatives and other persons capable to make on them positive impact.

2. In correction of convicts, assistance exempted in the labor and household device, and also the public takes part in activities of the organizations and bodies performing punishments.

3. Activities of the organizations and bodies performing punishments are performed on the basis of publicity and interaction with public organizations and mass media.

Article 12. Concept of justice and stimulations of the right of obedient behavior

1. The behavior of convicts in term of imprisonment, observance of statutory rules, the relation to work and training is considered in case of change of conditions of keeping, expansion or reducing the right of restrictions in the limits provided by the law.

2. In case of decision making about application of measures of encouragement and penalties concerning convicts officials shall be objective, impartial and be guided only by the law.

Article 13. Principle of differentiation and individualization of execution of the punishment

Execution of criminal penalties is performed according to requirements of its differentiation and individualization and assumes accounting of nature and degree of public danger of the committed crime, the identity of the convict, his behavior during serving sentence, the relation of the convict to work and other circumstances.

Article 14. Correction of convicts and its fixed assets

1. Correction of the convict is forming at it of respect for the person, society, work, regulations, rules and traditions of human community, and stimulation of the right of obedient behavior.

2. Fixed assets of correction of convicts are: established procedure of execution and serving sentence (mode), educational work, work, receipt of general main education, professional training and public impact

3. Cures of convicts are applied taking into account type of punishment, nature and degree of public danger of the committed crime, the identity of the convict and his behavior.

Chapter 2. Legal status of convicts

Article 15. Bases of legal status of convicts

1. The Republic of Tajikistan respects and protects the rights, freedoms and legitimate interests of convicts, provides the conditions of serving sentence, guarantee of social justice, legal protection, and also personal security established by the law in case of execution of the punishment.

2. In case of execution of punishments to convicts the rights and freedoms of citizens with withdrawals and restrictions set by the legislation on execution of criminal penalties, penal and other legislation are guaranteed. Convicts, except the cases established by the law, cannot be exempted from execution of the civil obligations.

3. The rights and obligations of convicts, are determined by this Code, proceeding from procedure and conditions of execution of specific type of punishment.

Article 16. Basic rights of convicts

1. Convicts have the right to written information on the rights and obligations, about procedure and about conditions of serving of the penalty imposed by court of type. Organization or the body performing punishment shall provide to convicts the specified information, and also acquaint them with changes of procedure and conditions of execution of serving sentence.

2. Convicts have the right to the polite address from personnel of the organization or body performing punishment. They shall not be exposed to the cruel or degrading human dignity address. Enforcement measures can be applied to convicts not differently, as based on the law.

3. Convicts have the right to address with offers, statements and claims administration of the organization or body performing punishment in their higher bodies, court, bodies of prosecutor's office, the Commissioner for Human Rights in the Republic of Tajikistan, to the Ombudsman for Children in the Republic of Tajikistan, other public authorities and local self-government, public associations, and also in interstate bodies and the international organizations for protection of human rights and freedoms.

4. Convicts have the right to offer explanations and to correspond, and also to address with the offers specified in part 3 of this Article, statements and claims in the native language or in any other language which they know, in necessary cases to use translation service. Answers are given to convicts in address language, and in the absence of opportunity to give the answer in address language it is given in state language of the Republic of Tajikistan. Transfer of the answer to language of the address is provided with the organization or body performing punishment.

5. Convicts have the right to health protection, including receipt of primary medical and sanitary and specialized medical care in out-patient and polyclinic or stationary conditions depending on the medical certificate, and also have the right to material and household providing.

6. Convicts have right to social insurance, including to receipt of pensions and social benefits in accordance with general practice according to the legislation of the Republic of Tajikistan.

7. For receipt of qualified legal aid convicts can use services of lawyers.

8. Convicts have the right to appointment to family members, relatives, and also to product receipt of food and other necessities.

9. Convicts have entitlement to compensation of damage caused to it during execution of the punishment according to the provided law rather.

10. The procedure for realization of the rights of convicts is established by this Code, and also other regulatory legal acts.

11. Realization of the rights of convicts shall not violate regulations, and also infringe upon the rights and legitimate interests of other persons.

Article 17. Fundamental obligations of convicts

1. Convicts shall fulfill the duties of the citizen of the Republic of Tajikistan established by the legislation of the Republic of Tajikistan, and also respect the ethical rules of behavior, the requirement of sanitation and hygiene accepted in society.

2. Convicts have the obligations following from type of the penalty imposed by court.

3. Convicts shall observe requirements of the law determining procedure and conditions of serving sentence, and also the regulatory legal acts adopted according to it.

4. Convicts shall fulfill the requirements of administration of the organizations and bodies performing punishment based on the law.

5. Convicts shall treat politely personnel, the other persons visiting organizations, performing punishment and also other convicts.

6. Convicts shall be on challenge of administration of the organizations and bodies performing punishment and to offer explanations concerning execution of requirements of sentence. In case of absence the convict can be subjected to the forced drive.

7. Failure to carry out by convicts of the obligations assigned to them, and also legal requirements of administration of the organizations and bodies performing punishment attracts the responsibility established by the law.

Article 18. Legal status of the condemned foreign citizens and stateless persons

1. The condemned foreign citizens and stateless persons have the rights and obligations provided by this Code, and also established by the international legal acts recognized by Tajikistan, the legislation on legal status of foreign citizens with withdrawals and restrictions, stipulated by the legislation about execution of criminal penalties, penal and other legislation.

2. The foreign citizens condemned to restriction of freedom or to imprisonment have also the right to keep in contact with diplomatic representatives and consular establishments of the states, and citizens of the countries which do not have diplomatic and consular establishments in the Republic of Tajikistan - with diplomatic representations of the state which undertook protection of their interests or with the international bodies which are engaged in their protection.

Article 19. Addresses of convicts and procedure for their consideration

1. Convicts can direct offers, applications and claims, including on the questions connected with violation of their rights and legitimate interests.

2. Offers, statements and claims of convicts can be oral and written. They are considered by administration of the organization or body performing punishment.

3. Offers, statements and claims of convicts to content in disciplinary military unit, to imprisonment, capital punishment addressed go to the bodies specified regarding 3 articles 16 of this Code through administrations of the organizations and bodies performing punishments. Convicts to other types of punishments direct offers, applications and claims independently

4. Offers, statements and claims of convicts to content in disciplinary military unit, to imprisonment, capital punishment addressed in the bodies having rights to exercise supervision of activities of the organizations and bodies performing punishment to censorship are not subject and not later than in daily time, except for days off and holidays, go on accessory.

5. Offers, statements and claims of convicts concerning decisions and actions of administration of the organizations and bodies performing punishment do not stop these decisions and actions.

6. Bodies and officials which directs offers, applications and claims of convicts shall consider them in the terms established by the legislation of the Republic of Tajikistan and bring the made decisions to the attention of convicts.

Article 20. Right of convicts to personal security

1. Convicts have the right to personal security.

2. In case of threat of life, to health or threats of making of other crime against the identity of the convict from other persons he has the right to file petition to any official of the organization performing punishment in the form of restriction of freedom, imprisonment and content in disciplinary military unit about safety and about its transfer to the room where such threat is absent. In this case the official shall take immediate measures to ensuring personal security of the addressed convict

3. The chief of organization according to the statement of the convict or on own initiative makes the decision on transfer of the convict to the safe place or other measures eliminating danger of crime execution concerning the convict or resolves issue of the place of further serving of punishment by it according to the established law rather.

4. The officials who did not take the necessary measures aimed at safety of convicts are made responsible according to the legislation of the Republic of Tajikistan.

Article 21. Providing liberty of conscience and religious liberty of convicts

1. Liberty of conscience and religious liberty is guaranteed to convicts. Each convict has the right to independently determine the relation to religion, separately or together with others to practise any religion or not to profess any, to participate in departure of religious cults, rituals and ceremonies, to freely choose and have religious or atheistic beliefs and to be effective according to them.

2. To persons serving sentence in the form of restriction of freedom at their request it can be granted permission for visit of organizations of cult within the administrative area in the territory of which the correction center is located.

3. To persons serving custodial sanction (except the convicts containing in punishment cells, penalty areas and disciplinary isolation centers, in rooms of chamber type and solitary confinements) at their request attendants of the religious associations registered in accordance with the established procedure are invited. In the organizations performing punishment, departure of religious practices, use of cult objects and religious literature according to the procedure, established by the legislation of the Republic of Tajikistan is allowed to convicts. For this purpose the administration of organization allocates the respective room.

4. Before execution of sentence, at their request, opportunity to make all necessary religious practices with the invitation of attendants of cult is provided to seriously ill convicts, and also the convict to capital punishment.

5. Departure of religious practices shall not violate regulations and infringe at the rights of other persons serving sentence.

Article 22. Notification on the place of serving sentence

On arrival of the serving sentence condemned to the place and in case of its transfer the administration of organization or the body performing punishment shall notify close relatives, at the discretion of the convict, on the place of its stay within 10 days from the date of arrival or transfer.

Chapter 3. The organizations and bodies performing punishment and control of their activities

Article 23. The organizations and bodies performing punishment

1. Mulctary punishments and confiscations of property are performed by the legal executive in the location of property, on place of employment and residence of the convict.

2. Punishments in the form of deprivation of the right to hold certain positions or to be engaged in certain activities are performed by inspectorate for corrective cases on the residence of the convict, correctional facilities or disciplinary military unit. Requirements of sentence about deprivation of the right to hold certain positions or to be engaged in certain activities are performed by administration of the organization for place of employment of the convict, and also bodies, competent according to the law to cancel permission to occupation the corresponding types of activity.

3. Punishment in the form of deprivation of military rank, diplomatic ranks, special ranks, the state awards and honorary title of Tajikistan is performed by the legal executive. Requirements of sentence about deprivation of military rank, diplomatic ranks, special ranks, state awards and honorary titles of Tajikistan are also performed by the official, or the body which gave the military rank, diplomatic rank, special ranks, awarded with the state awards and honorary titles of Tajikistan.

4. Punishment in type obligatory work and corrective works is performed by inspectorate of Head department for execution of criminal penalties of the Ministry of Justice of the Republic of Tajikistan.

5. Punishment in the form of restriction of freedom, imprisonment, lifelong imprisonment and capital punishment are performed by organizations of system of execution of criminal penalties.

6. Punishment concerning the military personnel in the form of restriction on military service and content in disciplinary military unit is performed by the Ministry of Defence of the Republic of Tajikistan. Requirements of sentence about restriction on military service are performed by command of military units, organizations, bodies and military forming in which the condemned military personnel serves; about content in disciplinary military unit - special military units of the Ministry of Defence of the Republic of Tajikistan.

7. The punishments condemned with conditional non-use and persons concerning whom execution of sentence delayed are under control of inspectorate for corrective cases. For the military personnel condemned with conditional non-use of punishment, control is exercised by command of military units.

Article 24. Application of enforcement powers of medical nature

1. The organizations performing punishments in the form of restriction of freedom or imprisonment provide also execution of the judgment about application of forced treatment to persons, TB patients, with alcoholism, drug addiction or toxicomania, and also the suffering mental disturbance not excluding sanity.

2. If during serving of the types of punishments specified regarding 1 this Article it is determined that the convict is suffering from tuberculosis, alcoholism or drug addiction or toxicomania, the organization performing punishment takes to court idea of application to such person of enforcement powers of medical nature.

3. Conditions and procedure for appointment, execution, termination of enforcement powers of medical nature concerning the persons specified regarding 1 this Article, and also condemned to other types of punishment are established by regulatory legal acts of the Republic of Tajikistan

4. Obligatory treatment is applied to the persons infected with human immunodeficiency virus and having acquired immunodeficiency syndrome of the person and also persons who did not complete full course of treatment of venereal disease who are condemned to the punishments specified regarding 1 this Article, the organization performing the corresponding punishment according to the decision of medical commission.

5. In cases when by the time of release treatment of the convict is not complete, the administration of correctional facility in the presence of the medical certificate is included into court with idea of continuation of forced treatment of such person in medical institution with the special medical mode.

Article 25. Judicial supervision

1. The organizations and bodies performing punishment notify the court which pronounced sentence, on the beginning and the place of serving condemned punishments in the form of restriction of freedom, content in disciplinary military unit, imprisonments, lifelong imprisonment, and also on execution of the punishment in the form of obligatory works, penalty, deprivation of the right to hold certain positions or to be engaged in certain activities, deprivations of military rank, diplomatic ranks and special ranks, ranks, state awards and honorary titles of Tajikistan, corrective works, restrictions on military service, confiscation of property and capital punishment

2. The court controls execution of the punishment in case of the solution of questions about conditionally - early release from serving sentence, about replacement to not left part of punishment with softer type of punishment, about release from punishment in connection with disease, about release from punishment owing to force majeure, about release from serving sentence of the expectant mothers and women having children aged up to eight years and also in case of change of type of correctional facility.

3. In cases and according to the procedure, established by the legislation of the Republic of Tajikistan, the court considers claims of convicts and other persons to actions of administration of the organizations and bodies performing punishment.

Article 26. Public prosecutor's supervision of execution of the punishment

Supervision of exact observance and uniform execution of the laws in case of execution and serving sentence is performed by the Attorney-General of the Republic of Tajikistan and prosecutors subordinated to it according to the constitutional Law "About Bodies of Prosecutor's Office of the Republic of Tajikistan".

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