of April 18, 2009
1. The procedure for criminal proceeding in the territory of Turkmenistan is determined by the Code of penal procedure of Turkmenistan which is based on the Constitution of Turkmenistan. The separate laws regulating criminal procedure are subject to inclusion in this Code.
2. The procedure for criminal procedure established by this Code is single and obligatory on all criminal cases and for all participants of criminal procedure.
3. The international agreements of Turkmenistan and the general principles and rules of international law recognized by Turkmenistan, regulating procedure for criminal procedure are integral part of criminal procedure law.
If the international agreement of Turkmenistan establishes other provisions than provided by this Code, then provisions of the international agreement are applied.
1. In case of criminal proceeding the criminal procedure law existing respectively during inquiry, pretrial investigation or consideration of the case by court is applied.
2. The criminal procedure law canceling or limiting the rights belonging to participants of process, limiting their use with additional terms has no retroactive force.
3. Production on criminal cases in the territory of Turkmenistan, irrespective of the place of crime execution, is conducted according to this Code.
4. Outside the territory of Turkmenistan its criminal procedure law is applied in the sea, river or air courts which are under National flag of Turkmenistan or bearing its identification marks and attributed to the ports of Turkmenistan.
Application in the territory of Turkmenistan of criminal procedure law of foreign state by bodies of investigation and court of foreign state or according to their order the body conducting criminal procedure is allowed if it is provided by the international treaty ratified by Turkmenistan.
1. Criminal trial concerning foreign citizens and stateless persons is conducted according to rules of this Code.
2. Features of the criminal trial performed concerning persons having diplomatic and other privileges, and also immunity are determined by Chapter 50 of this Code.
The names and terms containing in this Code have the following value:
1) alibi - finding of the suspect or person accused of other place at the time of crime execution;
2) the investigator - the official designated by bodies of inquiry;
3) inquiry - procedural form of pre-judicial activities of bodies of inquiry within the powers established by this Code on identification, establishment and fixing of set of the facts of the case, and also involvement of persons who committed crime to criminal liability;
4) the applicant - person who addressed court or criminal prosecution authorities for protection according to the procedure of criminal trial of the (others) valid or expected right;
5) the party of accusation - the state prosecutor, the victim, the civil claimant, their legal representatives and representatives;
6) the party of protection - the defendant, his legal representative, the lawyer, the civil defendant and his representative;
7) the lawyer - the lawyer of legal advice bureau who is involved in criminal law of procedure, the business owners giving legal aid to physical persons and legal entities, and close relatives of the suspect, the person accused, the defendant, the convict, justified allowed for participation as the lawyer;
8) the chairman - the judge presiding by consideration of criminal case;
9) Trial Court - court, authorized to resolve case on being;
10) non-participation - not established participation or the established non-participation of person in crime execution;
11) the manager of investigative department - heads of investigation departments, departments, departments, groups of bodies of prosecutor's office, internal affairs, homeland security and their deputies acting within the competence;
12) competence - set of the signs established by this Code on which investigation of this crime is within the competence of this or that body of pretrial investigation or inquiry;
13) pretrial investigation - procedural form of pre-judicial activities of authorized bodies within the powers established by this Code on identification, establishment and fixing of set of the facts of the case and involvement of persons who committed crime to criminal liability;
The state prosecutor - the official of body of prosecutor's office holding charges in court on behalf of the state or refusing it to support 14);
15) night time - time from twenty to six o'clock;
16) Supervisory Court - the court considering according to the procedure of supervision cases on claims, representations, the conclusions, protests on the sentences, determinations and resolutions which took legal effect;
17) protest according to the procedure of supervision - protest of person authorized by the law, about cancellation or change of sentence, determination, the resolution which took legal effect, brought according to the claim, representation according to the procedure of supervision or own initiative;
18) the conclusion according to the procedure of supervision - the conclusion brought by the chairman of velayatsky court or court of the city with the rights of the welayat and the state value to sentence, the determination, the resolution which took legal effect;
19) the claim according to the procedure of supervision - the claim brought on sentence, determination, the resolution which took legal effect;
20) representation according to the procedure of supervision - the representation of the prosecutor brought on sentence, determination, the resolution which took legal effect;
21) the petition - the request of the party or the applicant turned to the body conducting criminal procedure;
22) sentence - resolution of the Trial Court on guilt or innocence of the defendant and about application or non-use of punishment to it;
23) private determination (resolution) - determination (resolution) which the court draws the attention of state bodies, public associations and officials to the facts of violation of the law, the reason and condition determined on case promoting crime execution and requiring acceptance of adequate measures and also to the shown valor in case of exposure and the prevention of crime connected with execution by the citizen of the civic duty;
24) the private claim - the claim to the resolution or determination of Trial Court which did not take legal effect;
25) private representation - representation of the prosecutor on the resolution or determination of court or the judge of the first instance which did not take legal effect;
26) the sanction - the consent of the prosecutor to production by the investigator, the investigator of the corresponding investigative and other legal proceedings, and also adoption of proceeding decisions by them;
27) court of cassation instance - the court considering in cassation procedure cases on claims and representations on the sentences and determinations of Trial Court and the judge's ruling which did not take legal effect;
28) proceeedings - set of the legal proceedings and decisions performed on specific criminal case during its excitement, pre-judicial preparation, legal proceedings and execution of sentence, the resolution or determination of court;
29) proceeding decisions - the decisions made by the judge, court, the prosecutor, the investigator and the investigator according to the procedure, established by this Code;
30) legal proceedings - the actions made during criminal trial according to this Code;
31) participants of process - the bodies and persons performing criminal prosecution and maintenance of accusation in court, and also persons protecting in case of criminal proceeding or represented by them the rights and the interests: body of inquiry, the investigator, the investigator managing investigative department and also within the powers his deputy, the prosecutor (the state prosecutor), the suspect, the person accused, the defendant, their legal representatives, the lawyer, the civil defendant, his legal representative and the representative, the victim, the civil claimant, their legal representatives and representatives;
32) case papers - the documents, objects and messages which are component of case or attached to it, and also able to matter for establishment of circumstances on case;
33) the other persons who are involved in criminal trial - the court session secretary, the translator, the witness, the witness, the expert, the specialist;
34) the bodies and persons conducting criminal procedure - court, the judge, and also the criminal prosecution authorities and persons performing criminal prosecution in case of pre-judicial criminal proceeding;
35) pre-judicial criminal proceeding - criminal proceeding from the moment of initiation of legal proceedings to the direction it in court for consideration on the merits (inquiry and pretrial investigation), and also preparation of materials on criminal case of protection by the party;
36) criminal case - the isolated production which is conducted criminal prosecution authority and court concerning one or several presumably committed crimes;
37) penal statute - Criminal code of Turkmenistan;
38) the bodies and persons performing criminal prosecution, bodies of inquiry, investigation, the investigator, the investigator and the prosecutor;
39) criminal prosecution - the procedural activities performed by criminal prosecution authorities for the purpose of collection of confirmatory proofs, availability or lack of signs of the acts prohibited by the penal statute in actually committed actions and if those are available, then guilt or innocence of person suspected of making of these acts;
40) legal representatives are parents, adoptive parents, guardians and custodians of the person accused, the defendant or the victim, and also representatives of organizations and organizations on which care there is person accused, the defendant or the victim;
41) the resolution - the decision made by the Plenum, Presidium of the Supreme Court of Turkmenistan, presidium of velayatsky court, court of the city with the rights of the welayat and the state value, the judge; the decision of the investigator, investigator, prosecutor accepted in case of production of inquiry and pretrial investigation;
42) the judge - the chairman of justices, the vice-chairman of court, the judge, the assessor of court performing judicial authority according to the procedure, established by the law;
43) court - the judicial body entering judicial system of Turkmenistan and performing justice. The Supreme Court of Turkmenistan, velayatsky courts, courts of the city with the rights of the welayat and the state value, etrapsky courts and courts of the cities with the etrap rights treat it;
44) legal proceedings - judicial session of courts of the first, cassation and supervising instances;
45) judicial proceedings - pre-judicial and judicial proceedings on criminal cases;
46) determination - any decision passed by Trial Court in addition to sentence, in case of criminal proceeding; any judgment of cassation instance; the decision made by board of criminal judges of the Supreme Court of Turkmenistan in case of review of the adjudications, determinations and resolutions which took legal effect; any decision made by court according to the procedure of execution of sentence;
47) cassation representation - idea of the prosecutor of cancellation or change of the sentence which did not take legal effect;
48) the writ of appeal - the claim to the sentence which did not take legal effect;
49) search - the investigative actions which are carried out according to the procedure, established by this Code, for the purpose of stay and withdrawal of the objects containing traces of crime of the tool of crime execution, the things and values extracted in the criminal way of other things able to have important evidentiary value for criminal case, stay and withdrawal of documents, detention of persons disappearing from criminal prosecution;
50) prosecutor - The Attorney-General of Turkmenistan and prosecutors subordinated to it, their deputies, senior assistants and assistants with appropriate authority, heads of head departments and managements, heads of the main departments and departments, their deputies, the senior prosecutors and prosecutors, prosecutors-criminalists;
51) the conclusion of the prosecutor - the decision on renewal of case on newly discovered facts;
52) opinion of the prosecutor - opinion of the prosecutor in court in the cases provided by the law;
53) the investigator - the official of bodies of prosecutor's office, internal affairs, homeland security, service on protection of safety of healthy society performing collection of the proofs confirming or denying availability or lack of essential elements of offense in actually taken place event and guilt of the suspected person in making of these actions;
54) the parties - the bodies and persons performing in legal proceedings on the basis of competitiveness and equality accusation and protection;
55) representation, the claim - the documents filed according to the procedure, established by this Code, participants of process for drawing attention to actions of bodies of inquiry, pretrial investigation, the prosecutor, judge or court;
56) the protocol - the document constituted according to the procedure, established by this Code of which the production fact, content and results of investigative and judicial actions make sure;
57) the representative - person, authorized to represent legitimate interests of the victim, civil claimant, civil defendant in criminal proceeding;
58) close relatives are the parents, children, adoptive parents adopted, brothers and sisters, the grandfather, the grandmother, grandsons and spouses;
59) the dwelling - the room or structure for temporary or permanent residence of one or several persons, including: the houses of the state dwelling stock, office premises, hostels, own or rented flats, the house, the garden house which are directly adjoining them verandah, kitchen, the cellar, attic of residential building (except the apartment house), the hotel room, office and premises of the ocean or river craft, train.
1. Tasks of criminal procedure are operational and complete disclosure of crimes, exposure of guilty persons and ensuring the correct application of the penal statute everyone committed crime it was subjected to just punishment and any innocent was not brought to trial and condemned.
2. The procedure for production established by this Code on criminal cases shall provide protection of person against insubstantial accusation and condemnation, against illegal restriction of its rights and freedoms, and also to promote strengthening of legality and law and order, the prevention and eradication of crimes, education of people in the spirit of respect for precepts of law.
1. The principles of criminal procedure are the provisions given in this head Kodeksa having fundamental nature and determining correctness and justification of production by each case.
2. Value of the principles of criminal procedure consists that their violation, depending on its nature and materiality, attracts recognition of the taken place proceeedings invalid cancellation of the decisions passed during such production or recognition of the materials collected at the same time not having strength of evidence.
1. Body of inquiry, the investigator, the investigator, the prosecutor and court in case of production on criminal cases shall observe requirements of this Code strictly.
2. Violation of the law by criminal prosecution authorities, court in case of production on criminal cases inadmissibly also involves the responsibility established by the law, recognition of the illegal acts invalid and their cancellation.
1. Justice on criminal cases in Turkmenistan is performed only by court. Misappropriation of powers of court somebody attracts the responsibility provided by the law.
2. Nobody can be found guilty of crime execution, and also will subject to criminal penalty differently as according to the court verdict and in strict accordance with the law.
3. Competence of court, limits of its jurisdiction, procedure it criminal trial are determined by the law and cannot be randomly changed. Creation of the emergency courts and other structures given authority to vessels under any name for consideration of criminal cases is not allowed.
4. The sentence or other judgments, performing criminal trial on incompetent to it to case, exceeded the authority or otherwise broken the principles of criminal trial provided by this Code are illegal and are subject to cancellation.
5. The sentence and other judgments on criminal case can be checked and reviewed by the relevant courts only according to the procedure, provided by this Code.
1. Everyone has the right to judicial protection of the rights and freedoms.
2. The state provides to the victim access to justice and compensation of the caused damage in the cases and procedure established by the law.
1. In case of criminal proceeding the decisions and actions degrading honor or belittling advantage of person who is involved in criminal trial are prohibited collection, use and distribution of data on private life are not allowed, and equally in data of personal nature which person considers necessary to keep in secret, for the purposes which are not provided by this Code.
2. The harm done to person as a result of illegal actions of the bodies conducting criminal procedure is subject to compensation according to the procedure, established by the law.
1. Everyone has right to liberty and security of person. Nobody can be detained on suspicion of crime execution, is taken into custody or otherwise imprisoned differently as on the bases and according to the procedure, established by this Code.
2. Each detainee is immediately told the bases of his detention, and also qualification of crime of which making he is suspected or accused.
3. The court, the prosecutor shall exempt immediately illegally the over the term detained or taken into custody, or illegally placed in medical institution, or being held in custody provided by the law or sentence.
4. None of persons who are involved in criminal trial can be exposed to violence, the cruel or degrading human dignity address.
5. Nobody can be recruited violently in the legal proceedings creating danger to life or health of person. The legal proceedings breaking integrity of human beings can be made against the will of person or his legal representative only in the cases and procedure provided by this Code.
6. Content of person to which as measure of restraint detention is applied and also person detained on suspicion of crime execution shall be performed in the conditions excluding threat of his life and to health.
7. The harm done to the person as a result of illegal imprisonment, content in conditions, life-threatening and health, him abuse is subject to compensation according to the procedure, provided by this Code.
1. The body conducting criminal procedure shall protect the rights and freedoms of the citizens who are involved in criminal trial to create conditions for their implementation, to immediately take adequate measures to satisfaction of legal requirements of participants of process.
2. The harm done to the person as a result of violation of its rights and freedoms in case of criminal proceeding is subject to compensation on the bases and according to the procedure, provided by this Code.
3. In the presence of good causes to the fact that to the victim, the witness or other persons who are involved in criminal trial, and also members of their families or other close relatives are threatened with murder, use of violence, destruction or damage of property or other dangerous illegal actions the body conducting criminal procedure shall take within the competence all measures provided by the law to protection of life, health, honor, advantage and property of these persons.
Private life of people, personal and family secret are under protection of the law. Everyone has the right to the mystery of personal deposits and savings, correspondence, telephone negotiations, the post, cable, and also other messages transferred by means of the Internet of electronic and other messages. Restrictions of these rights during criminal procedure are allowed only in the cases and procedure which are directly provided by the law.
1. The dwelling is inviolable. In case of criminal proceeding nobody has the right to break regulations on inviolability of home. Nobody can be deprived of the dwelling differently as on the bases which are directly established by the law. In case of causing damage to the dwelling by means of illegal actions of people has the right to its protection.
2. The legal proceedings connected with entrance to premises can be made only on the basis and according to the procedure, provided by this Code.
1. The security of property is guaranteed by the law. Nobody can be dispossessed by the differently as by a court decision.
2. Seizure of deposits of persons in banks and other property, and also their withdrawal during legal proceedings can be made only in cases and according to the procedure, provided by this Code.
1. Everyone is considered innocent until his guilt in crime execution is proved according to the procedure, provided by this Code, and is established by the court verdict which took legal effect.
2. Unremovable doubts in guilt of the person accused are interpreted in its advantage. For benefit of the person accused shall be resolved as well the doubts arising in case of application of the criminal and criminal procedure laws.
3. Nobody shall prove the innocence. In the absence of other proofs only one received confession of guilt cannot serve as confirmation of fault.
4. The conviction cannot be based on assumptions, it shall be confirmed with sufficient set of mathematical evidences.
5. When implementing justice are not subject to investigation and use of the proof, collected by illegal method, unknown origin.
Nobody can be repeatedly subjected to criminal prosecution and is condemned for the same crime differently as on the bases which are directly established by this Code.
1. Justice is performed on the basis of equality of all before the law and court. Conditions of criminal trial concerning persons having immunity from prosecution are determined by the Constitution of Turkmenistan, this Code, the laws and international treaties of Turkmenistan.
2. During criminal trial nobody can be exposed to any discrimination based on origin, social, property and official capacity, nationality, race, floor, education, language, the relation to religion, political convictions, the residence or to any other circumstances.
When implementing justice on criminal cases of the judge and assessors of court are independent, they submit only to the law and are guided by internal belief. Intervention in activities of judges with whose that the parties was inadmissible and attracts legal accountability.
1. Criminal trial is performed on the basis of the principle of competitiveness and equality of participants.
2. Criminal prosecution, protection and permission of case by court are isolated, they are performed by different bodies and officials.
3. The obligation of proof of the charge brought to the defendant is assigned to the state prosecutor.
4. The lawyer shall use all means and methods of protection of the defendant provided by the law.
5. The court is not criminal prosecution authority, he is not on the side of accusation or protection and does not express any interests, in addition to interests of the right.
6. Court, keeping objectivity and impartiality, creates necessary conditions for accomplishment by the parties of their obligations and implementation by them it is right.
7. The parties participating in criminal trial are equal. The constitution of Turkmenistan and this Code for them establish equal opportunities for upholding of the line item. The court bases the proceeding decision only on those proofs, participation in which research was provided to each of the parties on an equal basis.
8. The parties choose during criminal trial irrespective of court, other bodies and persons the line item, methods and means of its upholding. The court according to the petition of the parties renders them assistance in the receipt of required materials according to the procedure provided by this Code.
1. The investigator, the investigator, the prosecutor and court shall take all measures provided by the law for comprehensive, complete and objective investigation of the facts of the case, reveal the circumstances both catching, and acquitting the suspect, the person accused and the defendant, and also mitigating and aggravating responsibility.
2. The investigator, the investigator and the prosecutor has no right to shift proof obligation onto the person accused.
3. It is forbidden to receive testimonies of the suspect, the person accused, the defendant and other participants of process by violence, threats and other illegal measures.
1. The suspect, the person accused, the defendant, the convict and justified are provided with right of defense. They can perform this right as personally, and by means of the lawyer, the legal representative, according to the procedure, established by this Code.
2. The investigator, the investigator, the prosecutor and court shall create to the suspect, the person accused, the defendant condemned and the acquitted opportunity to be protected by the means and methods from the charge brought to him established by the law and to provide protection of its personal and property rights.
1. Nobody shall give evidences against himself and close relatives. The evidence obtained as a result of mental or physical impact and also other illegal methods, is recognized not having legal force.
2. In the cases specified in part one of this Article, the mentioned persons have the right to refuse evidence and cannot be brought for it to any responsibility.
During criminal procedure everyone has the right to legal aid according to provisions of this Code.
1. Trial of cases in all courts is open, except as specified, when it contradicts interests of protection of the state secret.
2. For the purpose of prevention of disclosure of data on intimate aspects of life of participants of process the closed legal proceedings are allowed respectively by motivated determination or the court order or judges, on cases on crimes of minors, on cases on sex offenses, and also on another matters. Hearing of cases in closed meeting of court is performed with observance of all rules of legal proceedings.
3. Sentence and all judgments made on case in all cases are proclaimed publicly.
1. Legal proceedings in Turkmenistan are conducted in state language.
2. The right to make statements, to offer explanations and indications, to declare petitions, to bring claims, to get acquainted with all case papers, to appear in court in the native language or other language which they know, and to use translation service according to the procedure, established by this Code is provided to the participants of process who are not knowing language in which legal proceedings are conducted.
3. Investigative and court documents according to the procedure established by this Code are handed to the person accused, the defendant in transfer into their native language or into other language which they know.
1. Action and the judgment and criminal prosecution authority can be appealed according to the procedure, established by this Code.
2. The circulation of the claim to the detriment of person who made the complaint or to the detriment of person for the benefit of whom it was submitted is not allowed.
3. Each convict has the right to review of the court verdict according to the procedure, established by this Code, and also to petition for pardon or mitigation of punishment.
1. For the purpose of accomplishment of tasks of criminal trial the criminal prosecution authority shall take within the competence of each case of detection of essential elements of offense all measures provided by the law to establishment of event of crime, exposure of persons guilty of crime execution, their punishment, is equal how to take measures to rehabilitation of the innocent.
2. The criminal prosecution authority shall provide to the victim access to justice and take measures to indemnification, caused by crime.
3. The criminal prosecution authority performs the powers in criminal procedure irrespective of any bodies and officials, according to requirements of this Code. Intervention in its activities attracts responsibility in the procedure established by the law.
4. Requirements of criminal prosecution authority imposed according to the law are obligatory for accomplishment by state bodies, all companies, organizations, organizations, irrespective of pattern of ownership, officials and citizens. Failure to carry out of the requirements stated above attracts the responsibility established by the law.
2) behind absence in act of actus reus;
6) behind conciliation of the victim with the person accused on the proceedings initiated precisely according to the claim of the victim except the cases provided by parts two, third and fourth article 213 of this Code;
7) in the absence of the claim of the victim if proceedings can be initiated precisely according to its claim, except the cases provided by part four of article 213 of this Code when the prosecutor is granted the right to initiate proceedings and in the absence of the claim of the victim;
8) concerning the dead, except as specified, when proceeedings are necessary for rehabilitation of the dead or renewal of cases in the relation of other persons on newly discovered facts;
10) concerning person about whom there is not repealed resolution of the prosecutor, investigator, body of inquiry on diversion on the same accusation, except cases when need of initiation of proceedings is acknowledged as court in which production there is criminal case.
2. If the circumstances specified in Item 1-3 and 4 of part one of this Article are found in stage of legal proceedings, the court finishes trial of case and pronounces the verdict of not guilty - in the cases provided by Items 1 and 2, or conviction with release of the convict from punishment - in the cases provided by Items 3 and 4.
3. If to the introduction in legal force of conviction the criminal actions and punishments specified in it are cancelled by the new law, criminal case is subject to the termination based on Item 2 parts one of this Article.
4. Diversion on the bases specified in Items 3 and 4 of part one of this Article is not allowed if the person accused objects to it. In this case proceeedings continue regularly.
The Trial Court as a result of trial pronounces conviction if the defendant is mentally healthy and his guilt in crime execution with obviousness is established on the basis of body of evidence, researched at stage of inquiry, investigation and in judicial session.
1. Court, the judge, the prosecutor, and also the investigator, the investigator with the permission of the prosecutor takes out the corresponding determination or the resolution on diversion, having found out during pretrial investigation and legal proceedings the following circumstances that further implementation of criminal prosecution is impossible:
1) if the state prosecutor will refuse accusations in the defendant's relation on crimes of small weight and average weight on the bases specified in item one and the second to part one of Article of 31 of this Code if the defendant is not involved in making of act which is incriminated to him and also if the victim refuses accusation; and also according to Item the sixth parts one of Article of 31 of this Code behind conciliation of the victim with the person accused;
2) in case of the circumstances excluding criminal prosecution, provided by Items 3-10 of part one of Article of 31 of this Code.
2. Court, the judge, the prosecutor, and also the investigator, the investigator with the permission of the prosecutor has the right to take out determination or the resolution on the termination of criminal case on the bases specified in articles 70-72 of the Criminal code of Turkmenistan.
3. The termination of criminal case by other types of crimes is possible only if it is specially provided by the Special part of the Criminal code.
1. The Trial Court pronounces the verdict of not guilty as a result of legal proceedings. In the verdict of not guilty the court finds the defendant not guilty of making of the crime imputed to it.
2. The verdict of not guilty is pronounced:
1) behind the absence of evidence of a crime;
2) behind absence in act of the defendant of actus reus;
3) behind non-participation of the defendant in making of the act imputed to it.
1. The defendant whose guilt is not proved during legal proceedings shall be in the same legal proceedings publicly and is instantly proclaimed by the innocent.
2. The justified defendant, and also the suspect and the person accused concerning whom based on Items 1 and 2 of part one of Article of 31 of this Code behind non-participation in criminal action or absence of proof of participation in crime execution the judge's ruling or determination of court or the resolution of criminal prosecution authority on the termination of criminal prosecution is issued are considered as the innocent and cannot be subjected to any restrictions in housing, property, labor and other laws.
3. Disputes concerning recovery of the violated rights of person who is found not guilty are solved according to the procedure of civil legal proceedings.
1. In case of the termination of criminal case behind the absence of evidence of a crime, absence in act of actus reus, non-participation of person in crime execution body of inquiry, the investigator, the prosecutor, and also in case of pronouncement of the verdict of not guilty - the judge or court shall explain procedure for recovery of the rights of person concerning which they are broken, for the indemnification caused as a result of illegal criminal prosecution, illegal application of detention as measure of restraint and shall take all measures provided by the law regarding indemnification.
2. To person at the expense of the state the harm done as a result of its illegal arrest, detention, the placement to specialized medical institution, condemnation and application of enforcement powers of medical nature based on the determination which is taken out by court shall be compensated. Any person on the basis of the resolution of criminal prosecution authority or determination of court has the right to require the indemnification caused as a result of the above-stated illegal actions of criminal prosecution authority.
3. The right to indemnification, the body caused as a result of illegal actions conducting criminal procedure have:
1) persons specified in part two of article 35 of this Code;
2) persons concerning whom criminal case did not owe be brought and initiated - is subject to the termination;
3) persons whose criminal case is subject to the termination on the bases specified in part three of Article of 31 of this Code, but it was not stopped from the moment of identification of the circumstances excluding criminal prosecution and, despite the reached approval about the termination of criminal case, criminal case was illegally continued;
4) the persons who are held in custody more corresponding term on illegal causes, and also illegally subjected to other enforcement powers in course of production on criminal case.
4. In case of the death of person concerning whom damage suffered is subject to compensation the right to compensation in accordance with the established procedure passes to his heirs, and that part of pension and benefit which payment is suspended passes to the family members having the right to public welfare payment in connection with loss of the supporter.
5. Harm to person if it is proved that during inquiry, preliminary inquiry and legal proceedings it by self-accusation interfered with establishment of the truth is not subject to compensation and promoted receipt of the results specified in part three of this Article.
1. On the bases specified in part one and third article 36 of this Code the body conducting criminal procedure in case of recognition of its actions and decisions illegal shall take measures for compensation of the physical, moral and property harm caused to person and for recovery of the broken labor, pension, housing and other rights.
2. In case of recognition of innocence to persons deprived based on the court verdict of the state awards, military, special and other rank, the class rank, diplomatic rank the rank, the class rank, diplomatic rank are recovered, the state awards return.
In case of decision making about complete or partial rehabilitation of person the body conducting criminal procedure shall recognize behind it the right to indemnification. The copy of the verdict of not guilty or determination, the resolution on the termination of criminal case, on cancellation or change of other illegal decisions is handed or sent the corresponding interested person by mail. At the same time to it the notice with explanation of procedure for indemnification goes.
1. The property harm which is subject to compensation to persons found not guilty includes:
1) the salary, pensions, benefits, other means and the income which they lost;
2) the property illegally confiscated or turned into the income of the state based on sentence or other judgment;
3) the amounts paid by persons found not guilty for rendering legal aid;
4) the penalties collected in pursuance of the illegal court verdict, the procedural costs and other amounts paid by persons in connection with illegal actions of criminal prosecution authority.
2. The copy of determination or the resolution certified by official stamp is handed or goes to person for presentation to the bodies obliged to make payment. The payment procedure is determined by the legislation of Turkmenistan.
1. Regardless of what body conducting criminal procedure makes the decision on rehabilitation of person, that body which did harm shall bring it official apologies for damage suffered.
2. Compensation claims for it is groundless and illegally the done moral harm in terms of money are shown according to the procedure of civil legal proceedings.
3. If person was subjected to illegal criminal prosecution, and data on initiation of legal proceedings, detention, detention, temporary discharge from position, the forced placement to medical institution, the condemnation and other actions taken concerning it afterwards recognized illegal were published in seal, are widespread on radio, television or other mass media, then upon the demand of this person, and in case of his death - upon the demand of his relatives the body which carried out legal proceedings by illegal way, shall make about it within one month the necessary message through appropriate means of mass information.
4. Upon the demand of person found not guilty the body conducting criminal procedure shall report in writing within fifteen days about cancellation of the illegal decision in the place of its work, study and residence.
Terms of presentation of requirements are determined according to the legislation of Turkmenistan.
The harm done to legal entities as a result of illegal actions of the body conducting criminal procedure is compensated by the state in full.
If the requirement about rehabilitation or indemnification is not satisfied or person does not agree with the made decision, it has the right to take a legal action according to the procedure of civil legal proceedings.
1. In one production cases on accusation of several persons in making of one or several crimes in partnership or one person who committed several crimes can be connected and also put on a charge of in advance not promised concealment of the same crimes or failure to report about them.
2. Shall not unite in one production of case:
1) if acts of persons accused are not connected among themselves;
2) if joint investigation or consideration can interfere with clarification of the actual facts of the case.
3. Connection of cases is performed based on the resolution of criminal prosecution authority or determination of court. The copy of the decree issued by criminal prosecution authority within one days goes to the prosecutor.
1. The court, criminal prosecution authority has the right to allocate from criminal case in separate production another criminal case concerning the following persons:
1) certain persons accused when criminal case is subject to suspension on the bases, stipulated in Article the 46th of this Code;
2) certain persons accused when the bases for the closed legal proceedings connected with protection of the state secret concern to them, but do not treat other persons accused;
4) the certain unidentified persons who are subject to criminal prosecution.
2. In case of investigation of mnogoepizodny criminal case on which period of investigation or detention, the investigator expire, having recognized that in accusation investigation is made the part of case which fully, comprehensively, have the right to allocate in separate production for the direction it in court if it does not interfere with investigation and consideration of the case in other part.
3. If data on the actions containing essential elements of offense, which are not connected with criminal case are received, then for the solution of question of the initiation of res criminal case according to the procedure provided by this Code allocation of collected documents in separate production is allowed.
4. Allocation of criminal cases is allowed if it does not affect comprehensiveness, completeness, objectivity of research and permission of case.
5. Allocation of case is performed based on the resolution of criminal prosecution authority or determination of court. The copy of the decree issued by criminal prosecution authority within one days goes to the prosecutor. The list of the materials emitted in originals or copies shall be attached to the resolution (determination).
6. Production term on the allocated case is estimated from the date of pronouncement of the resolution or determination about allocation of case on new crime or concerning new person.
1. Criminal proceeding can be suspended by the resolution of the investigator, investigator, prosecutor, judge or determination of court in the cases provided by part one of article 308 of this Code.
2. Criminal proceeding stops before falling away of the circumstances which formed the basis for its suspension. After their falling away proceeedings are resumed the resolution of the investigator, the investigator managing investigative department, the prosecutor, the judge or determination of court.
3. About suspension or renewal of proceeedings it is reported to participants of process. The copy of the decree on suspension of the criminal case issued by criminal prosecution authority within one days goes to the prosecutor.
2. In case of cancellation of the resolution on the termination of criminal case proceeedings are resumed within terms of criminal prosecution.
3. And about renewal of proceeedings the suspect, the person accused, the lawyer, the victim and his representative, the civil claimant, the civil defendant or their representatives, physical person or legal entity are in writing notified on the termination of criminal case. The copy of the resolution on the termination of criminal case and about renewal of the proceeedings which are taken out by criminal prosecution authority within one days goes to the prosecutor.
Criminal proceeding comes to the end:
1) after entry into force of the resolution on complete cessation of criminal proceeding;
2) after entry into force of sentence or other final decision on case - if it does not require acceptance of special measures on its execution;
3) on receipt of confirmation about carrying out of sentence or other final decision on case - if it requires acceptance of special measures on its execution.
1. During criminal trial are accepted by the provided this Code and other laws of measure for protection of the received data constituting the state secrets (the state, military and official secret, the mystery of inquiry and pretrial investigation) and other secrets (trade secret, medical, personal secret and any other types of secrets).
2. Persons to whom the body conducting criminal procedure suggests to report or provide the information constituting the state and other secrets cannot refuse accomplishment of the specified requirement with reference to need of preserving the corresponding secrets, but has the right to receive previously from it the explanation confirming need of receipt of the specified data for criminal proceeding which is subject to entering into the protocol of the corresponding legal proceeding.
3. The procedure for the admission of participants of process to the data constituting the state secrets is determined by the legislation of Turkmenistan.
4. The proofs containing the data constituting the state secrets are researched in closed meeting of court.
5. The proofs containing the data constituting other secrets, and also revealing the intimate parties of private life can be researched in closed meeting of court.
6. The harm done to person as a result of violation of personal privacy, disclosure of personal or family secret is subject to compensation according to the procedure, stipulated by the legislation Turkmenistan.
7. These inquiries and pretrial investigation are not subject to disclosure. They can be made public only with the permission of criminal prosecution authority in that amount in what it acknowledged possible will be it if it does not contradict interests of investigation and is not connected with violation of the rights and legitimate interests of other persons.
8. The criminal prosecution authority has the right to warn the lawyer, witnesses, the victim, the civil claimant, the civil defendant or their representatives, the expert, the specialist, the translator, the witnesses and other persons who are present at production of inquiry and investigative actions about inadmissibility of disclosure without its permission of the data which are available in case. From specified persons the subscription with the warning of responsibility is selected.
1. The terms established by this Code are estimated for hours, days, months and years.
2. In case of calculation of terms that hour and those days which the current of term begins are not taken into consideration. This rule does not belong to calculation of terms during detention.
3. In case of calculation of term for days term expires at twenty four o'clock the last days of term.
4. In case of calculation of term for months term expires in the corresponding number of the last month and if this month has no corresponding number, term terminates in the last days of this month.
5. If the termination of term falls on non-working day, then the first next then working day, except as specified calculations of terms during detention, detention and application of enforcement powers of medical nature is considered last afternoon of term.
6. During detention of person on suspicion of crime execution term is estimated from the moment of the actual application of this measure.
7. Term is not considered passed if the claim or other document are handed over before the expiration on mail, and for persons who are held in custody - the claim or other document are handed over to administration of detention center before the expiration, for persons to whom enforcement powers of medical nature are applied - if the claim or other document are handed over before the expiration of administration of the relevant medical institution.
1. The legal proceedings made after the expiration are considered as invalid.
2. According to the petition of the corresponding interested person the term passed on reasonable excuse shall be recovered by the resolution of the investigator, investigator, prosecutor or determination of court. At the same time term is recovered for person which passed it, but not for other persons if it is not provided by the relevant resolution of criminal prosecution authority or determination of court.
3. According to the petition of the corresponding interested person execution of the decision appealed with the omission of fixed term can be suspended to permission of question of recovery of the passed term.
4. On refusal in recovery of term the claim or representation according to the procedure, provided by this Code can be brought.
1. Court, being judicial body, performs justice on criminal cases.
2. Any criminal case can be considered only by legal, independent, competent and impartial structure of court according to rules of this Code.
3. Justice on criminal cases in Turkmenistan is performed by the Supreme Court of Turkmenistan, velayatsky courts, courts of the cities with the rights of the welayat and the state value, etrapsky courts and courts of the cities with the etrap rights.
1. Criminal cases in all courts are considered by the judges appointed according to the law and the assessors of courts elected or appointed in the appropriate order.
2. Consideration of criminal cases of small and average weight (except the crimes committed by minors) in etrapsky and city courts of the first instance is performed solely by the judge, and the others as a part of the judge and two assessors of court.
3. When implementing justice assessors of court have the equal rights with the judge. Assessors of court, based on principles of collective leadership, in the solution of all questions arising in judicial session by consideration of criminal cases and adjudgement have the equal rights with the chairman on it.
4. Consideration of criminal cases in cassation procedure, procedure for supervision and in case of review of judgments on newly discovered facts is performed by court as a part of at least three judges.
5. Consideration of criminal cases on the Plenum of the Supreme Court of Turkmenistan is performed by at least than two thirds of its structure.
1. Each case shall be considered in the same list of judges. If any of judges has no opportunity to continue to participate in meeting, it is replaced with other judge and trial of case shall be started anew, except as specified, stipulated in Article the 55th of this Code.
2. In case of disposal of the court presiding from structure trial of case is postponed.
1. On criminal case which legal proceedings require long time by determination of court in judicial session the zapasny assessor can be called. The Zapasny assessor is present at courtroom since the beginning of trial of this case and in case of disposal of the assessor from structure of court replaces it.
2. If the zapasny assessor who entered to the place of disposed does not require renewal of those judicial actions which were made without its participation, then trial of case continues after acquaintance with the text of the protocol of judicial session on these actions.
1. Powers of court as carrier of judicial authority are determined by the law.
2. Only the court is competent:
1) to find person guilty of crime execution and to impose to it penalty;
2) to find person not guilty and to pronounce the verdict of not guilty concerning it;
To apply 3) to person enforcement powers of medical nature or enforcement powers of educational impact;
4) to cancel or change the judgment.
3. If when considering the case the reasons and conditions promoting crime execution, violations of the rights and freedoms of citizens, and also other violations of the law allowed during inquiry, pretrial investigation or when considering the case by subordinate court are established, then the court takes out private determination. Private determination the court draws the attention of the relevant organizations, officials or persons performing managerial functions to these circumstances and the facts of violations of the law requiring acceptance of necessary measures. If the revealed offenses attract, according to the law, the administrative responsibility, then court along with decision on criminal case of Turkmenistan having the right according to the legislation on administrative offenses to impose administrative punishment or to raise question before relevant organs of imposing of such collection on physical person, guilty of these offenses, or the head of the legal entity, except for persons concerning whom on this case the conviction is pronounced.
4. The court has the right to take out private determination and in other cases if recognizes it necessary, and also to impose administrative punishment in the cases provided by this Code.
1. The judge within the competence considers case solely or together with assessors of court, performs administrative actions for preparation of court session or ensuring execution of its sentence or other decision and uses at the same time powers of court.
2. The judge considering case in structure of board of judges has the equal rights with the chairman and other judges in case of the solution of all questions arising in connection with case in point.
1. By consideration of criminal case as a part of board of judges the chairman of justices, the chairman of board of judges or one of judges authorized on it according to the procedure, provided by the law presides. The judge considering case together with two assessors of court is considered chairman. The judge considering case solely is considered chairman.
2. The chairman directs the court session course, takes all measures to ensuring fair treatment of criminal case and observance of other requirements of this Code.
3. Orders of the chairman in judicial session are obligatory for all participants of process and other persons who are present at court room.
1. The court session secretary takes the protocol of judicial and administrative session and is responsible for exact compliance of all entries in the protocol to what occurs during legal proceedings.
2. The court session secretary is subject to branch on the bases and according to the procedure, 103 of this Code specified in Article. However its previous participation in this case as the secretary cannot form the basis to branch.
3. In case of the statement of branch to the court session secretary the court listens to his explanations and opinion of other participants of process then the question of branch is resolved by court in the consultative room. In case of satisfaction of the declared removal of the court session secretary judicial session shall be begun again.
1. The Etrapsky court, court of the city with the rights of the etrap are effective as Trial Court.
2. Except cases, cognizable to the Supreme Court of Turkmenistan, velayatsky courts, courts of the cities with the rights of the welayat and the state value, all criminal cases are jurisdictional to etrapsky court, court of the city with the etrap rights.
1. The Velayatsky court, court of the city with the rights of the welayat and the state value are effective as courts of the first, cassation and supervising instances.
2. To Velayatsky court, court of the city with the rights of the welayat and the state value as Trial Court criminal cases about the crimes provided by Article part two 101, Articles 124, 128 and 129, Article part three 132, part four of Article 133, Articles 165, of 174, 179-195, part three of Article 203, Articles 208-211, Articles 231, of 234, of 274, parts three and the fourth Article 276, Articles 293, of 294, of 301, 306-308, part three of Article 327, part four of Article 329, parts two, third and fourth Article 363, Articles 367, of 371, part three of article 391 of the Criminal code of Turkmenistan and also criminal cases about the crimes committed by the state officials and assessors of court are jurisdictional.
1. The Supreme Court of Turkmenistan is effective as court of the first, cassation and supervising instances.
2. To the Supreme Court of Turkmenistan the criminal cases accepted by it to production on own initiative which have particularly complex character are jurisdictional or have the special public importance, and also cases on the crimes committed by judges and other cases provided by the law.
The superior court has the right to accept to the production as Trial Court any criminal case, cognizable to subordinate court.
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