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CRIMINAL CODE OF THE REPUBLIC OF TAJIKISTAN

of May 21, 1998

(as amended on 04-07-2020)

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.

3) the Penal statute establishing crime of act, strengthening punishment or otherwise worsening situation of person who made this act, has no retroactive force.

Article 14. Actions of the penal statute concerning persons who committed crimes in the territory of the Republic of Tajikistan

1) Person who committed crime in the territory of the Republic of Tajikistan is subject to responsibility under this Code if other is not provided by international legal acts, recognized as Tajikistan.

2) as the Crime committed in the territory of the Republic of Tajikistan it is necessary to recognize such act which:

a) it is begun or proceeded, or it was ended in the territory of the Republic of Tajikistan;

b) it is made outside the Republic of Tajikistan, and the criminal result stepped on its territories;

c) it is made in the territory of the Republic of Tajikistan, and the criminal result came beyond its limits;

d) it is made in partnership with persons which performed criminal activities in the territory of other state.

3) Person who committed crime on water or the aircraft, legally moving in open water or airspace outside the Republic of Tajikistan flying the flag or with identification marks of the Republic of Tajikistan, is subject to criminal liability according to this Code if other is not provided by the international legal acts recognized by Tajikistan. Person who committed crime on the warship or the military aircraft of the Republic of Tajikistan irrespective of their location, is also brought to trial according to this Code.

4) the Question of criminal liability of diplomatic representatives of foreign states and other citizens who use immunity in cases of making by these persons of crime in the territory of the Republic of Tajikistan is allowed on the basis of rules of international law.

Article 15. Actions of the penal statute concerning persons who committed crime outside the Republic of Tajikistan

1) the Citizen of the Republic of Tajikistan, and also the person without citizenship who is constantly living in it, is brought in the crime committed in the territory of foreign state to trial according to this Code if the act made by it is recognized crime the state in the territory of which such act is made and if this person was not condemned for this crime in foreign state. In case of condemnation of these persons punishment shall not exceed the maximum limit of the sanction provided by the law of foreign state in the territory of which the crime is committed.

2) the Foreign citizens and persons without citizenship who are not living constantly in the Republic of Tajikistan are subject to responsibility under this Code for the crimes committed out of its limits in the following cases:

a) if they commit the crime provided by rules of international law, recognized as the Republic of Tajikistan or interstate contracts and agreements;

b) if they committed especially serious or serious crime against citizens of Tajikistan or interests of the Republic of Tajikistan.

3) These rules are applied if the foreign citizens and persons without citizenship who are not living constantly in the Republic of Tajikistan were not condemned in other state.

4) the Citizen of the Republic of Tajikistan, and also constantly living, in the Republic of Tajikistan the person without citizenship is also brought in the crime committed in the territory of foreign state to trial according to this Code in case, with, specific Articles of the Special part of this Code criminal liability is provided in compliance for crime execution in the territory of foreign state. In this case the provisions provided by part 1 (except for condemnations) this Article, are not considered.

5) the Criminal record and other criminal consequence in law of committing by person of crime in the territory of foreign state, shall not be taken into account in case of qualification of act of this person and in case of assignment of punishment for the crime committed by it in the territory of the Republic of Tajikistan if other is not provided by the international legal acts recognized by Tajikistan.

Article 16. Issue of persons who committed crimes

1) the Citizen of the Republic of Tajikistan who committed crime in the territory of other state is not subject to issue to this state if other is not provided by bilateral agreements.

2) the Foreign citizens and persons without citizenship who committed crime outside the Republic of Tajikistan and being in its territory can be issued to foreign state for criminal prosecution or serving sentence according to the international treaty.

Section II. Crime

Chapter 3. Concept and types of crimes
Article 17. Concept of crime

1) the Crime committed guilty socially dangerous act (action or failure to act) prohibited by this Code under the threat of punishment application is recognized.

2) act (action or failure to act) though it is formal, containing signs of any act provided by the Special part of this Code, but owing to insignificance not constituting public danger is not crime.

Article 18. Categories of crime

1) Depending on nature and degree of public danger, the acts provided by this Code are subdivided into the crimes of small weight, average weight heavy and especially heavy.

2) Crimes of small weight intentional acts for which making the maximum punishment prescribed by this Code does not exceed two years of imprisonment, and also careless acts for which making the maximum punishment prescribed by this Code does not exceed five years of imprisonment are recognized.

3) Crimes of average severity are intentional acts for which making the maximum punishment prescribed by this Code does not exceed five years of imprisonment, and also careless acts for which making custodial sanction for the term of over five years is prescribed.

4) Serious crimes intentional acts for which the maximum punishment prescribed by this Code does not exceed twelve years of imprisonment are recognized.

5) Especially serious crimes intentional acts for which making this Code prescribes custodial sanction for the term of over twelve years or capital punishment are recognized.

Article 19. Frequency of crimes

1) Frequency of crimes making at different times of two and more acts provided by the same Article or part of Article of this Code is recognized.

2) Making of two or more crimes provided by different Articles of this Code can be recognized as frequency only in the cases which are specially specified in the Special part of this Code.

3) In case of determination of frequency is not considered by crimes for which person which made them is exempted from criminal liability, or the criminal record for these crimes was extinguished or removed in the procedure established by the law.

4) In cases when frequency of crimes is provided by this Code as the circumstance involving more stiff punishment, the commited by person crimes are qualified by the corresponding part of Article of this Code prescribing punishment for frequency of crimes.

5) the crime consisting of number of the identical criminal actions covered by common intent and directed to the single purpose and constituting in total one continued crime is not recognized repeated.

6) the crime consisting in long failure in duty, characterizing continuous implementation of structure of one lasting crime is not recognized repeated.

Article 20. Cumulative offenses

1) Cumulative offenses making of two or more criminal actions provided by different Articles or parts of the same Article of the Special part of this Code of which person was not condemned for one is recognized. At the same time are not considered crime for which person was exempted from criminal liability on the bases, the established law.

2) Cumulative offenses also one action (failure to act) containing the essential elements of offense provided by two or more Articles of this Code is recognized.

3) In case of cumulative offenses person bears responsibility for each committed crime under the relevant article or part of this Code.

4) If the crime is provided by general and special regulations, the cumulative offenses are absent and criminal liability comes on special regulation.

Article 21. Recurrence of crimes

1) the Recurrence of crimes making of intentional crime by person having criminal record for earlier committed intentional crime is recognized.

2) the Recurrence of crimes is recognized dangerous:

a) in case of committing by person of serious crime if earlier this person at least two times were condemned to imprisonment for intentional crime of average weight;

b) in case of committing by person of serious crime if earlier it was condemned for heavy or especially serious crime to imprisonment;

c) in case of committing by person of especially serious crime if earlier it was condemned for serious crime to imprisonment.

3) the Recurrence of crimes is recognized especially dangerous:

a) in case of committing by person of serious crime if earlier this person two times were condemned for serious crime to imprisonment;

b) in case of committing by person of especially serious crime if earlier it two times were condemned for serious crime or earlier it was condemned for especially serious crime.

4) In case of recognition of recurrence of crimes are not considered:

a) criminal records for the crimes which are commited by person aged up to eighteen years;

b) criminal records for crimes for which conditional non-use of punishment was applied or on which delay of execution of sentence was granted if conditional non-use of punishment or delay of execution of sentence were not cancelled and person did not go for serving sentence to places of detention, and also the criminal records extinguished or removed according to the procedure stipulated in Clause 84 of this Code.

5) the Recurrence of crimes attracts more stiff punishment on the basis and in the limits provided by this Code.

Chapter 4. Persons which are subject to criminal liability
Article 22. General terms of criminal liability

Only the responsible physical person which reached the age established by this Code is subject to criminal liability.

Article 23. Age from which there comes criminal liability

1) person which reached sixteen years by the time of crime execution is subject to Criminal liability.

2) Persons which reached by the time of crime execution of fourteen-year age are subject to criminal liability for:

murder (Article 104), intentional causing severe harm to health (Article 110), intentional damnification to health of average weight (Article 111), kidnapping (Article 130), rape (Article 138), violent action of sexual nature (Article 139), terrorism (Article 179), taking of the hostage (Article 181), plunder of weapon, ammunition, explosives and destructive devices (Article 199), drug trafficking or psychotropic substances with sales objective (Article 200), the illegal treatment of drugs or psychotropic substances (Article 201), plunder of drugs or psychotropic substances (Article 202), plunder of drugs, psychotropic substances and precursors (Article 202), illegal cultivation, the plants prohibited to cultivation containing narcotic substances (Article 204), illicit trafficking in strong or toxic agents with sales objective (Article 206), reductions in worthlessness of vehicles or means of communication (Article 214), hooliganism in case of aggravating circumstances (part two and third Articles 237), theft (Article 244), robbery (Article 248), robbery (Article 249), racketing (Article 250), stealing of the car or other vehicles without the plunder purpose (Article 252), intentional destruction or damage of property in case of aggravating circumstances (Article part two 255).

3) In some cases, provided by the Special part of this Code, only persons which reached more advanced age than sixteen years are subject to criminal liability.

4) If the minor who reached the age provided by parts one or the second this Article owing to lagging in the mental development which is not connected with mental disturbance at the time of making of socially dangerous act could not realize fully the actual nature and public danger of the actions (failure to act), or direct them, it is not subject to criminal liability.

Article 24. Diminished responsibility

1) person who during making of socially dangerous act was in diminished responsibility condition is not subject to criminal liability, that is could not realize the actual nature and public danger of the action or failure to act or to direct them owing to chronic mental disease, temporary frustration of mentality, weak-mindedness or other disease state of mentality.

2) to Person who made the socially dangerous act provided by the penal statute in diminished responsibility condition the enforcement powers of medical nature provided by this Code can be appointed.

3) also the person who committed crime in sanity condition, but before removal of sentence by court ached with the mental disease depriving of it opportunity to realize danger of the act is not subject to punishment or to direct it. Measures of forced medical nature can be applied to such person by court, and after recovery it can be subject to punishment if prescriptive limits, stipulated in Article the 75th of this Code did not expire.

Article 25. Criminal liability of persons with the painful mental disturbances which are not excluding sanity (limited sanity)

1) the Responsible person who during crime execution owing to mental disturbance could not realize fully the actual nature and public danger of the actions (failure to act) or direct them is subject to criminal liability.

2) the Condition of limited sanity is considered in case of assignment of punishment and can form the basis for purpose of enforcement power of medical nature.

Article 26. Criminal liability of persons who committed crime in state of intoxication

1) Person who committed crime in the state of intoxication caused by alcohol intake, drugs, the psychotropic or other stupefying substances is not exempted from criminal liability.

2) in case of crime execution by the alcoholic, addict or glue sniffer, the court, along with punishment application, can appoint the enforcement powers of medical nature provided by this Code.

Chapter 5. Wine
Article 27. Fault form

1) Person is only found guilty in committing crime if his act was intentional or on imprudence.

2) The act made only on imprudence is recognized as crime only in case it is provided in the relevant article of the Special part of this Code.

Article 28. The crime committed intentionally

1) The crime committed intentionally is recognized as the act made with direct or indirect intent.

2) the Crime is recognized committed with direct intention if person realized public danger of the action (failure to act), expected opportunity or inevitability of its socially dangerous effects and wished their approach.

3) the Crime is recognized committed with indirect intent if person realized public danger of the action (failure to act), expected possibility of approach of socially dangerous effects, did not wish, but consciously allowed them or was indifferent to them.

Article 29. The crime committed on imprudence

1) the Crime committed on imprudence socially dangerous act made on self-confidence or negligence is recognized.

2) the Crime is recognized committed on self-confidence if his face which made, expected possibility of approach of socially dangerous effects of the action (failure to act) but it is self-confident, without the bases, sufficient on that, expected prevention of these effects.

3) the Crime is recognized committed due to negligence if his face which made, did not expect possibility of approach of socially dangerous effects of the action (failure to act) though it in case of attentiveness and foresight shall and could expect them.

Article 30. Responsibility for the crime committed with two forms of fault

If person, as a result of making of intentional crime, causes other socially dangerous effects on imprudence which in compliance with this Code attract more stiff punishment, such crime is recognized committed intentionally.

Article 31. Innocent damnification (case)

1) Act is recognized committed is innocent if person which made it did not understand and based on the circumstances of a matter, shall not or could not understand public danger of the action (failure to act) or did not expect possibility of approach of socially dangerous effects, and based on the circumstances of a matter shall not or could not expect them.

2) Act is recognized also committed is innocent if person which made it though expected possibility of approach of socially dangerous effects of the actions (failure to act), but could not prevent these effects owing to discrepancy of the psychophysiological qualities to requirements of extreme conditions or to psychological overloads.

Chapter 6. Unfinished and completed crime
Article 32. Preparation for crime and attempted crime

1) Preparation for crime intentional finding, production or adaptation person of means or tools of crime execution, finding of assisting offenders, collusion on crime execution or other intentional creation of conditions for crime execution are recognized if at the same time the crime was not finished on circumstances independent from the face.

2) Criminal liability comes only for preparation for heavy or especially serious crime.

3) the Attempted crime the intentional actions (failure to act) of person which are directly directed to crime execution are recognized if at the same time the crime was not finished on circumstances, independent of this person.

4) Responsibility for preparation for crime or attempted crime comes by that part of Article of the Special part of the Criminal Code, as for completed crime with reference to this Article.

Article 33. Completed crime

The crime is recognized ended if the act commited by person contains all signs of actus reus provided by this Code.

Article 34. Voluntary refusal of crime

1) Voluntary refusal of crime the voluntary and final termination-faced preparatory actions or the termination of actions (failure to act) which is directly directed to crime execution is recognized if person understood possibility of finishing crime up to the end.

2) Person is not subject to criminal liability for crime if it voluntarily and finally refused finishing this crime up to the end.

3) Person who voluntarily refused finishing crime up to the end is subject to criminal liability only if the act which is actually made by it contains structure of other crime.

4) the Organizer of crime and the instigator to crime are not subject to criminal liability if these persons the timely message to authorities or other taken measures prevented finishing crime to contractors up to the end. The helper of crime is not subject to criminal liability if he took all measures depending on it to prevent crime execution.

If the actions of the organizer and the instigator specified in part four of this Article did not lead 5) to prevention of crime execution by perpetrator, then the measures taken by them can be recognized as attenuating circumstances in case of assignment of punishment.

Chapter 7. Partnership in crime
Article 35. Concept of partnership in crime

Partnership in crime intentional joint participation of two or more persons in making of intentional crime is recognized.

Article 36. Types of assisting offenders

1) Assisting offenders along with the contractor the organizer, the instigator and the helper are recognized.

2) the Contractor the person who directly committed crime or directly participating in its making together with other persons (collaborators) and also person who committed crime by means of use of other persons which by law are not subject to criminal liability is recognized.

3) the Organizer the person who organized crime execution or directing its execution is recognized, and the person who created organized group or criminal society (the criminal organization) or directing them is equal.

4) the Instigator person which inclined other person to crime execution by arrangement, bribery, threat or in a different way is recognized.

5) the Helper person promoting crime execution by councils, instructions, provision of information, means or tools of crime execution or removal of obstacles, and also person who was in advance promising to hide the criminal, means or tools of crime execution, traces of crime or objects got in the criminal way is recognized, and person which was in advance promising to acquire or sell such objects is equal.

Article 37. Responsibility of assisting offenders

1) Responsibility of assisting offenders is determined by nature and extent of the actual participation of each of them in crime execution.

2) Collaborators are brought to trial under Article of the Special part of this Code for the crime committed by them jointly without reference to article 36 of this Code.

3) Criminal liability of the organizer, instigator and helper comes under Article of the Special part of this Code with reference to article 36 of this Code, except as specified, when they at the same time were collaborators of crime.

4) the Person which is not the subject of crime which is specially specified in Article of the Special part of this Code, participating in crime execution provided by this Article can bear responsibility for this crime only as the organizer, the instigator or the helper.

5) in case of not finishing by the principal offender up to the end on the circumstances which are not depending on it other assisting offenders bear responsibility for partnership in preparation for crime execution or in attempt at the committed crime.

6) If actions of the organizer, the instigator or the helper on the circumstances which are not depending on them will be unfortunate, responsibility of these persons comes for preparation for the corresponding crime.

Article 38. Excess of the principal offender

Excess of the contractor making by the principal offender, not covering intention of other accomplices is recognized. For excess of the contractor other assisting offenders of criminal liability are not subject.

Article 39. Crime execution by group of persons, by previous concert organized group or criminal society (criminal organization)

1) the Crime is recognized made by group of persons without previous concert if the contractors who in advance did not agree about its joint making participated in it.

2) the Crime is recognized made by group of persons by previous concert if persons who in advance agreed about its joint making participated in it.

3) the Crime is recognized made by organized group if it is made by steady group of persons, one or several crimes which in advance united for making.

4) the Criminal society consolidation of two or several organized groups organized for making of heavy or especially serious crimes in the steady organization which activities are based on separation between associates and its structures of management functions, providing and execution of criminal objectives of community is recognized.

5) the Crime is recognized committed criminal society (the criminal organization) if it is made by the member (members) of such community in pursuance of its criminal objectives, and is equal on the instructions of criminal society person which is not the member of criminal society.

6) the Person who created organized group or criminal society (the criminal organization) or directing them is subject to criminal liability for their organization and management of them in the cases provided by the relevant articles of the Special part of this Code, and also for all made by organized group or criminal society (the criminal organization) of crime if they were covered by its intention. Other participants of organized group or criminal society (the criminal organization) bear criminal liability for participation in them in the cases provided by the relevant articles of the Special part of this Code and also for crimes, in preparation or making of which they participated.

7) Creation of organized group in the cases which are not provided by Articles of the Special part of this Code attracts criminal liability for preparation for those crimes for which making it is created.

8) Criminal liability of persons listed in this Article comes without reference to Article 36 of the General part of this Code.

9) the participant of organized group or criminal society who voluntarily was in authorities and rendered active assistance in disclosure of criminal intentions is not subject to punishment before the crime is committed if the act which is actually made by it does not contain structure of other crime.

Chapter 8. The circumstances excluding crime of acts
Article 40. Justifiable defense

1) the action made in condition of justifiable defense is not crime, that is in case of the protection of the personality and the rights of the defending or other person protected by the law of interests of society or state from socially dangerous encroachment, by causing encroaching harm if this encroachment was integrated to violence, life-threatening the defending or other person, or to direct threat of application of such violence.

2) Protection against the encroachment which is not integrated to violence, life-threatening the defending or other person or with direct threat of application of such violence, is lawful if at the same time exceeding of limits of justifiable defense, that is the intentional actions obviously not corresponding to nature and danger of encroachment was not allowed.

3) is not exceeding of limits of justifiable defense of action of the defending person, caused by unexpectedness of encroachment if it could not estimate objectively degree and nature of danger of encroachment.

4) the Right to justifiable defense belongs to person irrespective of opportunity to avoid encroachment, irrespective of professional or other special training or official position of person, or to ask for the help other persons or authorities.

Article 41. Damnification during detention of person who committed crime

1) Actions are not crime if the harm to the person which committed crime was made during his detention for the purpose of delivery to authorities or suppression of possibility of making of new crimes by him if there were no other means to detain such person and at the same time there was not excess of necessary means for this purpose.

2) Excess of the measures necessary for detention of the person who committed crime is obvious discrepancy of means and methods of detention, danger of the act and the person who made it, and also to circumstances of detention therefore the harm which is not caused by need of detention is intentionally done to the person.

Possessory lien of person who committed crime along with persons which are specially authorized on that, also the victims and other citizens have 3).

4) In case of assessment of legitimacy of damnification during detention of person who committed crime its actions for avoidance of detention, force and opportunity detaining, its state of mind and other circumstances connected with the detention fact are considered.

Article 42. Emergency

1) damnification to the interests protected by this Code in emergency condition, that is for elimination of danger, directly life-threatening is not crime, to health, the rights and legitimate interests of this person or other persons, to interests of society or state if this danger could not be eliminated with other means and at the same time exceeding of limits of emergency was not allowed.

2) Exceeding of limits of emergency the damnification obviously not corresponding to nature and degree of the menacing danger and to circumstances in which danger was eliminated when the harm equal or bigger was done to the right protected interests, than prevented is recognized. Such exceeding involves responsibility only in cases of intentional damnification.

3) In case of assessment of legitimacy of the act made in emergency condition nature and degree of the prevented danger, reality and proximity of its approach, the actual opportunity, persons on its prevention, its state of mind in the circumstances and other facts of the case are considered.

Article 43. Physical or mental compulsion

1) damnification to the interests protected by this Code as a result of physical or mental compulsion is not crime if owing to such coercion person could not direct the actions (failure to act).

2) the Question of criminal liability for damnification to the interests protected by this Code as a result of mental coercion, and also as a result of physical compulsion owing to which person kept opportunity to direct the actions is solved taking into account Article provision 42 of this Code.

Article 44. Reasonable risk

1) damnification to the interests protected by this Code is not crime in case of reasonable risk for achievement of the socially useful purpose.

2) the Risk is recognized reasonable if the specified objectives could not be achieved by the actions (failure to act) which are not connected with risk and person which allowed risk took necessary measures for prevention of harm to the interests protected by this Code.

3) the Risk is not recognized reasonable if it was obviously integrated to threat of death of people, environmental disaster or public disaster.

Article 45. Execution of the order or order

1) damnification to the interests protected by the penal statute by person acting in pursuance of the order, obligatory for it, or other order given in accordance with the established procedure is not crime. Criminal liability for causing such harm carries person who made the illegal order or the order.

2) Person who committed intentional crime in pursuance of the illegal order or the order bears criminal liability in accordance with general practice.

3) Non-execution of obviously illegal order or order excludes criminal liability.

Section III. Punishment

Chapter 9. Concept, purposes and types of punishment
Article 46. Concept and purposes of punishment

1) Punishment is the measure of the state coercion appointed according to the court verdict.

It is applied to person found guilty of crime execution and consists in the deprivation provided by this Code or restriction of the rights and freedoms of this person.

2) Punishment is applied for the purpose of recovery of social justice, and also correction of the convict and the prevention of making of new crimes.

Article 47. Punishment types

Types of punishment are:

a) penalty;

b) deprivation of the right to hold certain positions or to be engaged in certain activities;

c) deprivation of military ranks, diplomatic ranks, ranks, special ranks, state awards and honorary titles of Tajikistan;

d) obligatory works;

e) corrective works;

e) restriction on military service;

g) restriction of freedom;

h) content in disciplinary military unit;

i) confiscation of property;

j) imprisonment;

k) lifelong imprisonment.

l) capital punishment.

Article 48. Primary and additional punishments

1) Obligatory works, corrective works restriction on military service, restriction of freedom, content in disciplinary military unit, imprisonment, lifelong imprisonment, capital punishment are applied only as main types of punishments.

2) the Penalty, deprivation of the right to hold certain position or to be engaged in certain activities are applied in quality as the main, and additional punishments.

3) Deprivation of special rank, the military class rank and the state awards, and also confiscation of property are applied only as additional punishment.

4) For one crime only one primary punishment can be imposed. With primary punishment one or several additional punishments in cases and according to the procedure, established by this Code can be imposed.

5) the Penalty as additional punishment, can be appointed only in the cases which are directly provided in the Special part of this Code.

6) It is excluded according to the Law of the Republic of Tajikistan of 26.07.2014 No. 1088

Article 48 (1). Obligatory works

1) Obligatory works consist in accomplishment by the convict in time of free socially useful works, free from the main work or study, which type is determined by local authorities of the government and self-government institutions of settlements and villages.

2) Obligatory works are established for a period of sixty till two hundred forty o'clock and not over four hours a day are left.

3) Obligatory works cannot be appointed:

a) serviceman;

b) to persons which reached retirement age;

c) to expectant mothers;

d) to persons who are on child care leave;

e) to disabled people of I and II groups.

4) In origin cases during serving by person of obligatory works of the circumstances provided by part three of this Article, the court on representation of body to whom execution of sentence is assigned exempts person from further serving sentence.

5) in case of malicious evasion of the convict from serving of obligatory works the court replaces it with corrective works or restriction of freedom in the limits provided by this Code for these types of punishment.

Article 49. Penalty

1) the Penalty is the cash collection appointed in the limits provided by this Code.

2) the Penalty is established in the amount of hundred to twenty one thousand nine hundred indicators for calculations acting at the time of crime execution.

- the size of penalty for cumulative offenses and sentences for making of the crimes provided by parts 6 and (or) 7 of article 49 of this Code shall not exceed five thousand indicators for the calculations operating at the time of crime execution;

3) the Size of penalty is determined by court taking into account weight of the committed crime and property status of the convict.

4) the Penalty as auxiliary view of penalty can be imposed only in the cases provided by the relevant articles of the Special part of this Code.

5) in case of malicious evasion from payment of penalty the court replaces it with corrective works or restriction of freedom according to the size of the ordered to pay fine in the limits provided by this Code for these types of punishment.

6) in case of committing by person of the crimes provided by Articles 177, of 178, 245 (except for the part Item "and" 4), 246 (except for the part Item "and" 3), 247 (except for the Item "in" part 3 and the part Item "and" 4), 251, 253, 255 (except for the part Items "and" and "b" 2), 256 (except as specified, entailed death or causings severe harm to health of the person), 257 (except for the Item "g" of part 2 and the Item of part 3), 258, 259, 259 *, 260, 263, 264, 265, 266, 268, 270, 271, 273 (except for the part Items "and" and "b" 3), 274, of 276, of 277, of 278, of 285, of 286, of 287, and 2, of 295, 340-1 and 388parts 1 and 2 of this Code if the guilty person before pronouncement of the adjudication completely indemnifies material damage, to it are imposed by 289 parts 1 the mulctary punishment or other punishment which is not connected with imprisonment provided in sanctions of the listed Articles.

7) in case of committing by person of the crimes provided by Articles 314 (except as specified, entailed death or causings severe harm to health of the person), 315, 316 (except for the Items "and" and "b" of part 3 and cases which entailed death or causings severe harm to health of the person), 318, 322 (except as specified, entailed death or causings severe harm to health of the person), 323, 340 parts 1 and 2 and 391 parts 1 of this Code if they are connected with making of the crimes provided by part 6 of this Article, penalty is imposed according to the procedure, established by part 6 of this Article.

8) In case of full recovery to the convict of material damage after pronouncement of the adjudication for making of the crimes provided by parts 6 and (or) 7 of this Article, the imposed custodial sanction, is replaced with the court which pronounced sentence or court in the place of execution of the punishment or superior court with mulctary punishment.

9) in case of malicious evasion from payment of penalty or impossibility to pay the penalty imposed in the form of primary punishment or changed to this type of punishment according to the procedure, 6,7 provided by parts and (or) the 8th this Article court is replaced by mulctary punishment (or its unpaid part) with custodial sanction. In case of replacement of mulctary punishment by custodial sanction or custodial sanction by mulctary punishment, terms and the size of these types of punishment shall not be higher or lower than the maximum or minimum limits set by the relevant articles of the special part of this Code taking into account the executed part of the served sentence.

10) in case of replacement of custodial sanction by mulctary punishment or replacements of mulctary punishment by custodial sanction, one days of imprisonment are equal to 50 percent of one indicator for calculations, except for the crimes provided in part 11) of this Article.

The court replaces 11) in case of malicious evasion or impossibility of payment of the fines which are ordered to pay for making of the crimes provided by Articles 319-321 of this Code, mulctary punishment (or its unpaid part) with custodial sanction. The matter is resolved by the court which took out, sentence, or court in the place of execution of the punishment, or superior court.

12) When replacing custodial sanction by mulctary punishment, or mulctary punishments by custodial sanction for the crimes prescribed in part 11) of this Article, one days of imprisonment equal to five indicators for calculations.

Article 50. Deprivation of the right to hold certain positions or to be engaged in certain activities

1) Deprivation of the right to hold certain positions or to be engaged in certain activities consists to hold positions in prohibition in public service and local authorities of the government and self-government institutions of settlements and villages or to be engaged in certain professional or other activity.

2) Deprivation of the right to hold certain positions or to be engaged in certain activities is established from one to twenty years.

3) Deprivation of the right to hold certain positions or be engaged in certain activities as additional punishment can be appointed and in case it is not provided by the relevant article of the Special part of this Code and if, proceeding from nature and degree of public danger of the committed crime and the identity of the guilty person, the court recognizes impossibility of preserving the right behind it to hold certain positions or to be engaged in certain activities with reference to this Article.

4) In case of purpose of this punishment as additional to arrest, content in disciplinary military unit, to restriction of freedom or imprisonment it extends to all the time of serving of primary punishment and moreover for the term established by sentence. In other cases its term is estimated from the moment of the introduction of sentence in legal force.

Article 51. Deprivation of military ranks, diplomatic ranks, special ranks, ranks, state awards and honorary titles of Tajikistan

In case of condemnation for heavy or especially serious crime person having military rank, diplomatic rank, special rank, rank, the state awards or honorary titles of Tajikistan the court taking into account the identity of guilty and committed act can deprive of it such ranks, ranks, ranks, awards and honorary titles.

Article 52. Corrective works

1) Corrective works are appointed on place of employment of the convict or in other places determined by the bodies knowing execution of the sentence, but around residence condemned for a period of two months up to two years with deduction in the income of the state from ten to thirty percent of earnings.

2) in case of origin during serving by person of corrective works of the circumstances provided by part four of this Article, the court on representation of body to whom execution of sentence is assigned exempts person from further serving sentence or replaces not left part of punishment with softer type of punishment.

3) in case of malicious evasion from serving sentence by person condemned to corrective works, the court can replace unexpired punishment with restriction of freedom, arrest or imprisonment at the rate of one day of restriction of freedom in one day of corrective works, one day of imprisonment in three days of corrective works.

4) Corrective works cannot be appointed:

a) serviceman;

b) to persons which did not reach 16-year age;

c) to persons which reached retirement age;

d) to expectant mothers;

e) to persons who are on child care leave;

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