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Criminal procedure code of the Republic of Tajikistan

of December 3, 2009

(as amended on 02-01-2019)

Part I. General part

Section I. Basic provisions

Chapter 1. Criminal procedure legislations

Article 1. The legislation determining procedure for production by criminal cases

1. The procedure for production in the Republic of Tajikistan is determined by criminal cases by the Code of penal procedure of the Republic of Tajikistan based on the Constitution of the Republic of Tajikistan.

2. The procedure for production established by the criminal procedure legislation is obligatory for courts, bodies of prosecutor's office, pretrial investigation and inquiry, and also for participants of criminal procedure.

3. The international legal acts recognized by Tajikistan are component of the precepts of law regulating criminal proceedings. If according to these acts concerning provisions of this Code other procedure is established, provisions of the international legal acts are applied.

Article 2. Tasks of criminal procedure legal proceedings

1. Tasks of criminal procedure legal proceedings are:

- establishment of procedure for production on criminal cases;

- protection of rights and freedoms of man and citizen;

- protection of interests of society, state and organizations injured with crime execution;

- timely and complete disclosure of crimes;

- criminal prosecution of person who committed crime;

- fair permission of cases in point in court;

- respect for procedural rules in case of application of the penal statute;

- guarantee of protection of legitimate interests of participants of criminal trial and other persons.

2. Criminal procedure legal proceedings are directed to strengthening of legality and law and order, the prevention of crimes, respect of the law, to rights and freedoms of man and citizen, implementation of judicial justice.

3. The procedure for production established by this Code on criminal cases provides protection against insubstantial accusation and condemnation, against illegal restriction of rights and freedoms of man and citizen, and in case of accusation or condemnation of the innocent its immediate rehabilitation.

Article 3. Action of the Code of penal procedure in space

1. In the territory of the Republic of Tajikistan production on criminal cases is conducted according to this Code.

2. Rules of this Code are applied also in case of proceeedings about the crimes committed on the air, sea and river vessels which are in open waters or airspace outside the Republic of Tajikistan and operating under flag or with identification marks of the Republic of Tajikistan.

3. Application in the territory of the Republic of Tajikistan of the criminal procedure law of foreign state by bodies of investigation and courts of foreign state or according to their order relevant organ is allowed in cases if it is provided by the international treaty recognized by Tajikistan.

Article 4. Operation of the criminal procedure law in time

In case of criminal proceeding the criminal procedure law existing during inquiry and pretrial investigation or consideration of the case in court is applied.

Article 5. Action of the Code of penal procedure concerning the foreign citizen and the stateless person

1. Production on cases on the crime committed by the foreign citizen or the stateless person in the territory of the Republic of Tajikistan is conducted according to rules of this Code.

2. The legal proceedings provided by this Code concerning person having rights of diplomatic immunity are made only at its request or consent which is asked through the Ministry of Foreign Affairs of the Republic of Tajikistan.

Article 6. Basic concepts

The basic concepts used in this Code in the following values:

- the state prosecutor - the official of body of prosecutor's office holding charges in legal proceedings on criminal case on behalf of the state;

- the private prosecutor - person who submitted the petition according to the procedure, provided by this Code, and the holding charges in court, and also the victim holding charges in court in case of refusal of the state prosecutor of accusation;

- night time - period from 22:00 till 6:00 o'clock the next day;

- participants of legal proceedings - the bodies and persons performing criminal prosecution and support of accusation, and also the faces protecting themselves, the rights and interests in case of accusation (the prosecutor, the state prosecutor, the victim - the private prosecutor, the civil claimant, legal representatives and their representatives, the suspect, the person accused, the defendant, their legal representatives, defenders, the civil defendant, the legal representative and his representative);

- the other persons who are involved in criminal trial - the expert, the specialist, the witness, the witness, the translator;

- the resolution - the act adopted by the investigator, the investigator, the prosecutor in the course of inquiry and pretrial investigation and also the act adopted by the judge of Trial Court solely, or the act adopted by the judge of Supervisory Court on permission of the claim or supervising protest or the act adopted by presidium of court during review of the acts of subordinate courts which took legal effect;

- the moment of the actual detention - the moment of the actual restriction of freedom of person, including possibility of free movement, forced deduction in certain places, forced delivery in criminal prosecution authorities or hindrance to person to perform other actions voluntarily, irrespective of giving to the detained person of any procedural status, or accomplishment of other established procedures;

- the penal statute - the Criminal code of the Republic of Tajikistan;

- criminal trial - pre-judicial and judicial proceedings on criminal case;

- the investigator - the state official, authorized to perform pretrial investigation on criminal case within the competence established by this Code;

- legal representatives are parents, children, guardians, custodians of the suspect, the person accused, the defendant or the victim, representatives of organizations and organizations on which care there is suspect, the person accused or the victim;

- the prosecutor is the Attorney-General of the Republic of Tajikistan, the Main military prosecutor, prosecutors of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, transport of Tajikistan, their deputies, heads of managements (departments) and their deputies, senior assistants and assistant attorneys general, the senior prosecutors and prosecutors of managements (departments), senior assistants and assistants to prosecutors of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, transport of Tajikistan, the senior prosecutors and prosecutors of departments of prosecutor's office of areas and equated to them, prosecutors of areas, cities, military prosecutors of garrisons, on supervision of execution of the laws in correctional facilities, their deputies, senior assistants and their assistants, the senior prosecutors-criminalists and prosecutors-criminalists performing activities within the competence;

- the chairman - the judge presiding over judicial session in case of joint consideration of the case, or considering case solely;

- the chief of investigative division - the official who directs management, department and other investigative division within the rights and powers;

- court - the judicial body entering judicial system of the Republic of Tajikistan and considering cases jointly or solely (The Supreme Court of the Republic of Tajikistan, Military court, court of the Gorno-Badakhshan Autonomous Region, regional courts, court of the city of Dushanbe, city and district courts);

- court of cassation instance - the court considering cases on claims and protests on the sentences which did not take legal effect, determinations and court orders of the first instance;

- Supervisory Court - the court considering criminal case according to the claim, protest in relation to the sentence, determination or the court order of the first instance which took legal effect or determinations of court of cassation instance;

- Trial Court - court, authorized to consider criminal case in essence and passing on it the first decision;

- the judge - the official designated or the favourites according to the procedure, established by the legislation of the Republic of Tajikistan for justice implementation;

- the party of accusation - the prosecutor (the state prosecutor), the victim (the private prosecutor), the civil claimant, legal representatives and representatives of the victim and the civil claimant;

- the party of protection - the suspect, the person accused, the defendant and their legal representatives, the defender, the civil defendant, his legal representative and the representative;

- the parties - the participants of legal proceedings performing on legal procedure on the basis of competitiveness and equality support of accusation or protection against accusation;

- inquiry - the procedural form of pre-judicial activities performed by the investigator on criminal case on which production of pretrial investigation is optional;

- determination - the judgment (except sentence) introduced by Trial Court in case of criminal proceeding and also any acts adopted during review of the court resolutions which took legal effect by cassation and supervising courts except presidium of courts;

- criminal prosecution - the procedural activities performed by the prosecutor, the investigator, the investigator for the purpose of the establishment of the act prohibited by the penal statute, and which made his faces, involvement of the last as the person accused and also for ensuring application to such person of punishment or other enforcement powers;

- close relatives are the parents, children, adoptive parents adopted, brothers and sisters, the grandfather, the grandmother, grandsons, and also the spouse;

- arrest - the measure of restraint applied according to the decision of the judge or determination of court only concerning suspects, persons accused or the condemned persons;

- the defender - the person performing in the course of legal proceedings on criminal case protection of legitimate rights and interests of the detainee, suspect, person accused, defendant and convict, giving them legal assistance all means and by methods which are not prohibited by the law;

- sentence - the decision passed by Trial Court about guilt or innocence of the defendant.

Chapter 2. Legislative principles of criminal procedure

Article 7. Justice implementation

1. Justice on criminal cases in the Republic of Tajikistan is performed only by court.

2. Nobody can be found guilty of crime execution to the introduction in legal force of the court verdict.

Article 8. Judicial protection

Judicial protection is guaranteed to everyone. Each person has the right to require consideration of its case by the competent, independent and just trial created on the basis of the law.

Article 9. Legality in case of production on criminal cases

1. Court, the judge, the prosecutor, the investigator, the investigator in case of production on criminal cases shall precisely, uniformly observe requirements of the Constitution of the Republic of Tajikistan, of this Code and other laws.

2. The determinations of criminal trial provided by other laws of the Republic of Tajikistan shall correspond to determinations of this Code.

3. Non-compliance with requirements of the law in case of production on criminal cases by what motives it would not be caused, inadmissibly and involves the responsibility established by the law, recognition of the adopted illegal acts invalid and their cancellation.

Article 10. Respect of honor and advantage of the personality

1. Respect of honor and advantage of the personality - obligation of the officials and bodies performing criminal proceeding.

2. None of participants of criminal trial can be exposed to violence, tortures and another to the cruel or degrading human dignity address.

Article 11. Integrity of human beings

1. Nobody can be detained and detained without legal causes.

2. Arrest, forced content of person in medical or educational institution are allowed only by a court decision, judges.

3. Person to whom the measure of restraint arrest is applied also person detained as the suspect of crime execution shall contain in places, safe for life and health.

4. Person subjected to arrest has the right to appeal.

5. The court order, judges about release of person from custody is subject to immediate execution.

Article 12. Protection of the rights and personal freedoms in case of production on criminal cases

1. Court, the judge, the prosecutor, the investigator, the investigator shall protect the right and the personal freedom which is involved in criminal trial and to create conditions for their implementation, to take timely measures to satisfaction of legal requirements of participants of legal procedure.

2. The harm done to person as a result of violations of its rights and freedoms in case of criminal proceeding is subject to compensation according to provisions of the legislation of the Republic of Tajikistan.

3. In the presence of sufficient data that to the victim, the witness or other participant of criminal trial, and also to members of their families or close relatives is threatened with murder, use of violence, destruction or damage of property, or other dangerous illegal actions, court, the judge, the prosecutor, the investigator, the investigator shall take within the competence the measures provided by the law to protection of life, health, honor, advantage and property of these persons.

4. The procedure for protection of life, health, honor, advantage and property of participants of process is determined by the law.

5. Nobody shall witness against himself, close relatives whose circle is determined by this Code.

Article 13. Inviolability of home

1. The dwelling of the personality is inviolable.

2. Penetration into the dwelling without the consent of persons living in it is forbidden.

3. Visit and search of the dwelling is allowed according to the procedure, established by this Code.

Article 14. Mystery of correspondence, telephone negotiations, post and cable messages, personal and family secrets

Personal and family secrets are protected by the law. Each person has the right to the mystery of savings and deposits, correspondence, telephone negotiations, post, cable and other messages. Restriction of these rights during criminal procedure is allowed only in cases and the procedure which is directly established by the legislation.

Article 15. Presumption of innocence

1. Nobody is considered guilty of crime execution to the introduction of the court verdict in legal force.

2. Obligation prove accusation it is assigned to the prosecutor.

3. The suspect, the person accused and the defendant shall not prove the innocence.

4. All doubts in guilt of the person accused which cannot be eliminated according to the procedure established by this Code, are interpreted for benefit of the person accused.

5. The conviction cannot be based on assumptions.

Article 16. Equality of citizens before the law and court

All are equal before the law and court. The state guarantees the rights and freedoms of everyone, irrespective of his nationality, race, floor, language, religion, political convictions, education, social and property status.

Article 17. Independence of judges

1. Judges in the activities are independent and submit only to the Constitution and the law.

2. Intervention in activities of judges is forbidden.

Article 18. Language of criminal trial

1. Criminal trial is conducted in state language.

2. The right to make the statement, to give evidences, to declare petitions, to get acquainted with all case papers and to use translation service according to the procedure, established by this Code is provided to the participants of criminal trial who are not knowing legal proceedings language, or criminal trial is conducted in language of the majority of the population of this area.

3. The procedural documents which are subject according to this Code to delivery to the person accused, the defendant and the convict, and also other participants of criminal trial are handed to them certified as appropriate in state language or of transfer into language which they know by the bodies which constituted these documents.

Article 19. Publicity of legal proceedings

1. Trial of criminal case in court open.

2. The closed legal proceedings are allowed only in the cases specified in Article 273 of this Code.

Article 20. Competitiveness and equality of participants

1. Criminal trial is performed on the basis of competitiveness and equality of participants.

2. The court is not criminal prosecution authority and is not on the side of accusation or protection. The court provides the parties with conditions for implementation of procedural law and obligations.

3. The parties of accusation and protection are equal in criminal trial and are allocated with equal opportunities to uphold the line item.

Article 21. Comprehensive, complete and objective investigation of the facts of the case

1. The prosecutor, the investigator and the investigator shall take all measures provided by the law for comprehensive, complete and objective investigation of the facts of the case, reveal the catching, justifying, aggravating and attenuating circumstances and to determine responsibility of the person accused.

2. Court, the judge, the prosecutor, the investigator and the investigator has no right to shift obligation of proof of innocence onto the person accused.

3. All facts of the case which are subject to proof shall be researched comprehensively, fully and objectively.

4. In case of the decision any arising in questions the circumstances both catching, and acquitting the person accused, and also mitigating and aggravating its responsibility shall be found out and considered.

5. Court, the judge, keeping objectivity and impartiality, provide to the parties necessary conditions for realization of their rights to complete research of the facts of the case.

Article 22. Providing to the suspect, person accused, defendant and convict of right of defense

1. Everyone from the moment of detention can use services of the defender.

2. The detainee, the suspect, the person accused, the defendant and the convict can have the rights granted to them according to the procedure, established by this Code for protection against accusation personally, and also by means of participation of the defender or the legal representative.

3. Court, the judge, the prosecutor, the investigator, the investigator shall explain to the suspect, the person accused, the defendant and the convict of their right, to provide them opportunity to be protected by the means and methods established by the law, and also to provide protection of their personal and property rights.

4. The right of defense is provided also to person concerning whom criminal proceeding on application of enforcement powers of medical nature is conducted.

5. In the cases of person provided by the law to whom criminal proceeding is assigned shall provide participation of the defender of the suspect, person accused, defendant and convict.

Article 23. Right of appeal of legal proceedings and decisions

1. Participants of process, citizens, representatives of the companies, organizations, the organizations interested in the criminal proceeding having the right according to the procedure and to appeal the terms established by this Code of action or the judgments (judge), the prosecutor, the investigator and the investigator.

2. The condemned or justified person has the right to require review of sentence by superior court according to the procedure, established by this Code.

Chapter 3. The basis for refusal and for cessation of production on criminal case

Article 24. Cases of private, private and public and public prosecution

1. Depending on nature and severity of the committed crime accusation in court is performed in private, private and public and public procedure.

2. Cases on the crimes provided in Articles 112, of 116, by parts 1 and 2 of article 156 of the Criminal code of the Republic of Tajikistan are recognized cases of private prosecution, are initiated according to the statement of person, victim of crime, his legal representative, and production on them is subject to the termination in case of its conciliation with the person accused.

3. Cases on the crimes provided by Articles 113 - 115, part of 1 Article 118, Articles 119, of 120, parts 1 and 2 of Article 123, Article 124, part of 1 Article 125, part of 1 Article 126, part of 1 Article 127, part of 1 Article 128, part of 1 Article 129, part 1 of article 138 of the Criminal code of the Republic of Tajikistan, are recognized cases of private and public accusation, are initiated according to the statement of person, victim of crime, his legal representative. In case of conciliation of person, the victim of crime, with the person accused and compensations of the done harm to the victim, proceeedings stops.

4. The prosecutor in the cases provided by this Code has the right to perform criminal prosecution for private and private and public prosecution, irrespective of line item of person, the victim of crime.

5. The refusal of the prosecutor of accusation does not deprive person which was injured from crime, the right to hold charges.

6. Criminal cases except for of cases on the crimes specified in parts 2 and 3 of this Article are considered as cases of public accusation.

Article 25. Victim's right to participation in criminal prosecution

1. The victim, and in case of his death or inability on age or the state of health to express the will in criminal trial, the legal representative or his representative have the right according to the procedure, provided by this Code, to participate in criminal charge of the person accused, and for private prosecution have the right to push and hold charges against the corresponding person.

2. The victim, the legal representative or his representative has the right at any moment of production on criminal procedure to refuse accusation support.

Article 26. Obligation of implementation of criminal prosecution

1. The prosecutor, the investigator, the investigator shall bring within the competence criminal case in each case of detection of crime, take all measures provided by the law to establishment of event of the crime, person which made it and in the presence of sufficient evidences to transfer case papers into the leave of court.

2. The prosecutor, the investigator, the investigator according to requirements of this Code perform the powers in criminal trial irrespective of any bodies and officials.

3. Impact in any form on the prosecutor, the investigator, the investigator for the purpose of hindrance to objective investigation on criminal case attracts the responsibility established by the law.

4. Execution of requirements of prosecutors, investigator, the investigator shown according to this Code is obligatory for all companies, the organizations, organizations, irrespective of forms of business, officials and citizens.

Article 27. The circumstances excluding criminal proceeding

1. Criminal case cannot be brought, and the initiated proceedings are subject to the termination in the following cases:

- in case of the absence of evidence of a crime;

- in case of absence in act of signs of actus reus;

- in case of the expiration of prescriptive limits of criminal prosecution;

- in case of adoption of the act of amnesty;

- in case of conciliation of the private prosecution which was injured with the person accused on criminal cases;

- in the absence of the claim of the victim if criminal case can be brought not differently, as according to its claim, except the cases provided by part 2 of article 147 of this Code when the prosecutor is granted the right to initiate proceedings and in the absence of the statement of the victim;

- concerning the dead, except as specified, when proceeedings are necessary for establishment of innocence of the dead or renewal of case in the relation of other persons on newly discovered facts;

- concerning person about whom there is sentence which took legal effect on the same accusation, or determination of court or the court order, judges about diversion on the same basis;

- concerning person about whom there is not repealed resolution of the investigator, investigator, prosecutor on the termination of criminal case on the same accusation or the resolution on refusal in initiation of legal proceedings.

2. If the circumstances provided in paragraphs one and the second part of 1 this Article are found in case of legal proceedings, the court finishes trial of case and decides the verdict of not guilty.

3. Diversion on the bases specified in paragraphs three and the fourth to part of 1 this Article is not allowed if the person accused objects to it. In this case proceeedings continue according to requirements of this Code, the conviction or the verdict of not guilty is pronounced, and person is exempted from punishment.

4. Production of criminal case according to the paragraph the second parts of 1 this Article is subject to the termination behind absence in act of actus reus in case to the introduction of sentence in legal force crime and punishability of this act were eliminated with the new penal statute.

Article 28. Refusal and the termination of criminal case with release of person from criminal liability

1. According to Articles 72, of 73, 74 and 75 Criminal Codes of the Republic of Tajikistan court, the judge, the prosecutor, and also the investigator and the investigator using the specified Articles and with the consent of the prosecutor has the right to refuse initiation of legal proceedings or to dismiss criminal case with release of person from criminal liability in connection with:

- repentance from committed;

- conciliation with the victim and compensation of damage suffered;

- change of situation;

- expiration of prescriptive limits of criminal prosecution.

2. The termination of criminal case on the bases provided in part of 1 this Article is impossible if the suspect, the person accused do not agree with it. In such cases production on criminal to case continues.

3. About refusal in initiation of legal proceedings or the termination of criminal case it is reported to the victim and explained that he within five days has the right to declare determination of court or the resolution of the prosecutor, investigator, investigator concerning the specified question respectively in superior court or to the higher prosecutor.

Article 29. Release of person from criminal prosecution in connection with repentance from committed

1. Court, the judge, the prosecutor based on article 72 of the Criminal code of the Republic of Tajikistan, and also the investigator and the investigator, being guided by the above-named Article and with the consent of the prosecutor, has the right:

- in connection with active repentance to refuse initiation of legal proceedings concerning person who for the first time committed crime of small or average weight;

- dismiss criminal case with release of person from criminal liability.

2. Refusal in initiation of legal proceedings about other crimes or cessation of production on it on the bases specified regarding 1 this Article is possible in the cases provided by Articles of the Special part of the Criminal code of the Republic of Tajikistan.

3. To the full in initiation of legal proceedings or before the termination of its production on the bases provided by parts 1 and 2 of this Article, the bases of the made decision and its right to express disagreement with this decision shall be explained to person.

Article 30. Release of person from criminal liability in connection with conciliation with the victim

The court, the judge, the prosecutor based on article 73 of the Criminal code of the Republic of Tajikistan, and also the investigator and the investigator according to the above-named Article and with the consent of the prosecutor, has the right:

- based on the statement of the victim or his legal representative to refuse initiation of legal proceedings concerning person who committed crime of small or average weight if this person conciliated with the victim and compensated the harm done to it;

- dismiss criminal case with release of person from criminal liability.

Article 31. Release of person from criminal liability owing to change of situation

The court, the judge, the prosecutor based on article 74 of the Criminal code of the Republic of Tajikistan, and also the investigator and the investigator according to the above-named Article and with the consent of the prosecutor has the right:

- based on the statement of person who for the first time committed crime of small or average weight to refuse initiation of legal proceedings concerning this person if it is determined what owing to change of situation is person and the act made by it stopped being socially dangerous;

- dismiss criminal case with release of person from criminal liability.

Article 32. Release of person from criminal liability in connection with lapse of time

Court, the judge, the prosecutor based on article 75 of the Criminal code of the Republic of Tajikistan, and also the investigator and the investigator according to the above-named Article and with the consent of the prosecutor if prescriptive limit of criminal liability expired, shall:

- refuse initiation of legal proceedings;

- dismiss the brought criminal case.

Section II. Participants of criminal trial

Chapter 4. Court

Article 33. The courts performing justice on criminal cases

Justice on criminal cases in the Republic of Tajikistan is performed by the Supreme Court of the Republic of Tajikistan, military courts, courts of the Gorno-Badakhshan Autonomous Region, regional courts, court of the city of Dushanbe, city and district courts.

Article 34. Structure of court

1. Criminal case in Trial Court is considered jointly or solely.

2. Joint consideration of criminal case is performed by court as a part of the judge and two jurymen.

3. Jurymen when implementing justice have all rights of the judge.

4. The judge solely considers criminal cases about all crimes, except for especially heavy.

5. Consideration of criminal case in cassation and supervising procedure is performed by certain list of judges according to Articles 365 and 410 of this Code.

Article 35. Powers of court

1. Only the court has the right:

- accuse person of crime execution and impose to it penalty;

- appoint measures of educational nature concerning the minor according to Chapter 44 of this Code;

- appoint enforcement powers of medical nature concerning person according to Chapter 45 of this Code;

- permit to make arrest of person and imprison him under house arrest or extend arrest term;

- cancel or change the acts adopted by courts of the lower instance;

- resolve the room of the suspect and person accused who is not in custody in medical or psychiatric hospital for production of medicolegal or forensic-psychiatric examination;

- resolve production of survey of the dwelling in the absence of the consent of persons living in it;

- resolve housing search;

- resolve property attachment;

- resolve search, dredging of the objects and documents containing information on deposits and accounts in banks;

- resolve seizure of the money of physical persons and legal entities which is on accounts and in deposits or stored in banks and credit institutions;

- resolve seizure of correspondence, its survey and dredging in organizations of communication and cable messages, other messages transmitted through networks of electric and mail service;

- make the decision on temporary discharge of the suspect or the person accused from position according to article 114 of this Code;

- resolve listening and record of telephone and other negotiations;

- in cases, stipulated by the legislation the Republic of Tajikistan to bring criminal case and to send for carrying out preliminary inquiry to the relevant subordinated organs;

- perform other powers provided by this Code.

2. If in case of judicial review of criminal case violations of the rights and freedoms of citizens are revealed, and also violations of provisions of the law allowed in case of production of inquiry, pretrial investigation or when considering the case by court, court, the judge can take out concerning persons which allowed omission, private determination (resolution).

3. Court, the judge has the right to take out private determination (resolution) and in other cases.

Article 35 (1). Procedure for consideration of materials about restriction of constitutional rights of citizens when carrying out quickly - search actions

The procedure for consideration of materials about restriction of constitutional rights of citizens when conducting investigation and search operations is determined according to the Law of the Republic of Tajikistan "About quickly - search activities".

Chapter 5. The participants of criminal trial performing criminal prosecution

Article 36. Prosecutor

1. The prosecutor is the state official within the competence performing accusation on behalf of the state and providing implementation of criminal prosecution at all stages of criminal procedure according to this Code.

2. The prosecutor exercises supervision of exact, uniform execution of the laws by bodies of inquiry, pretrial investigation.

3. The prosecutor participating in consideration of criminal case by court hereinafter is referred to as as the state prosecutor. In case of maintenance of crown case the prosecutor states the line item concerning application of the penal statute and purpose of measure of punishment concerning the defendant according to requirements of the law and the internal belief based on results of research of all facts of the case.

4. Within the competence established by this Code, the prosecutor has the right to bring in superior court protest on cancellation and change of the made judgment.

5. On the bases and according to the procedure, provided by this Code, the prosecutor has the right to refuse criminal prosecution and accusation up to removal of court to the consultative room for the resolution of sentence.

Article 37. Powers of the head of specialized body for fight against corruption

The head of specialized body for fight against corruption has the right to create operational investigative group of number of persons employed of this body for investigation of separate crime or several crimes.

Article 38. Chief of investigative division

1. The chief of investigative division has the following powers: - exercise control of actions of investigators for investigation of crimes;

- take measures for complete, comprehensive and objective investigation of circumstances of criminal case;

- bring criminal case and accept to the production or transfer production of criminal case to the investigator;

- transfer conducting criminal case from one investigator to another;

- represent to the prosecutor the petition for cancellation of the unreasoned decisions made by the investigator;

- control observance by investigators of terms of preliminary inquiry;

- provide accomplishment by investigators of instructions of the prosecutor;

- charge preliminary inquiry of criminal case to several investigators;

- control execution by other investigators of the orders provided by this Code;

- be involved in investigation of the criminal case which is in production at the investigator, using powers of the investigator.

2. Instructions of the chief of investigative division for criminal case cannot limit independence of the investigator and his right, stipulated in Clause the 39th of this Code. Are instructed the investigator in writing and are obligatory for execution.

Article 39. Investigator

1. The investigator is authorized:

- in cases of availability of the bases specified in article 140 of this Code to bring criminal case;

- accept criminal case in production and perform investigative actions;

- to independently make decisions on criminal case, except cases when the consent of the prosecutor or the leave of court is required by this Code;

- to timely complete production of criminal case;

- make decisions on involvement of person as the person accused, qualification of crime, accusation scoping;

- stop criminal proceeding or take to court according to the procedure, provided by this Code;

- in case of disagreement with instructions of the prosecutor has the right to provide case to the higher prosecutor with written statement of the objections;

- get acquainted according to the legislation with operational search materials relating to the investigated case;

- give written instructions and instructions to employees of bodies of inquiry about conducting investigation and search operations and production of investigative actions which execution is obligatory and to demand from them assistance in production of investigative actions;

- take measures for comprehensive, impartial and objective investigation of criminal case;

- take out accusation to persons concerning whom enough confirmatory proofs about making of crime by them are collected;

- according to the procedure, determined by this Code to choose measure of restraint;

- perform criminal prosecution and provide case with the indictment to the prosecutor;

- take measures for recovery of the damage caused by crime execution in stipulated by the legislation procedure.

2. Execution of the decrees issued by the investigator on the criminal case which is in its production is obligatory according to provisions of this Code for all legal entities, irrespective of their forms of business, officials and citizens.

Article 40. Body of inquiry

1. Bodies of inquiry are:

- divisions of bodies of the Ministry of Internal Affairs of the Republic of Tajikistan;

- divisions of bodies of the State committee of homeland security of the Republic of Tajikistan;

- divisions of bodies of the Ministry of Defence of the Republic of Tajikistan;

- divisions of bodies of Committee on emergency situations and civil defense under the Government of the Republic of Tajikistan;

- heads of correctional facilities;

- divisions of state control bodies of fire safety;

- divisions of National guard of the Republic of Tajikistan;

- divisions of customs authorities;

- divisions of bodies of the Agency on control of drugs in case of the President of the Republic of Tajikistan; - divisions of specialized body for fight against corruption.

2. To bodies of inquiry it is assigned:

- acceptance, registration and consideration of the applications and messages on the committed or preparing crime;

- inquiry on criminal cases on which production of pretrial investigation is optional;

- accomplishment of urgent actions for cases on which production of pretrial investigation is obligatory;

- production of pretrial investigation in the cases provided by this Code.

3. Initiation of legal proceedings according to the procedure, stipulated in Clause the 146th of this Code, and accomplishment of urgent investigative actions is assigned also on:

- heads of the batches and prospecting winterings remote from the locations of the bodies of inquiry specified regarding 1 this Article - on criminal cases about the crimes committed in the location of these batches and winterings;

- heads of diplomatic representations and consular establishments of the Republic of Tajikistan - on criminal cases about the crimes committed within the territories of these representations and organizations.

Article 41. Chief of doznavatelny division and investigator

1. The chief of doznavatelny division is the official who according to this Code concerning the investigators subordinated to it authorized:

- charge to the investigator conducting verification of statements and claims for crime;

- according to provisions of article 145 of this Code to make decisions according to statements and claims;

- hold investigation and search operations and investigative actions for criminal case;

- entrust criminal case to other investigator;

- provide to the prosecutor the statement for cancellation of the illegal or groundless resolution of the investigator for initiation of legal proceedings;

- bring criminal case, perform its production and carry out in full investigative actions, using powers of the investigator;

- research the criminal case file;

- give instructions to the investigator on conducting inquiry, separate doznavatelny actions, election of type of measure of restraint concerning the suspect, qualification of crime and amount of accusation.

2. Instructions of the chief of doznavatelny division on criminal case are given in writing and their execution by the investigator surely. In case of disagreement with the assignment given it the investigator has the right to appeal it to the prosecutor. Appeal does not stop execution of the order.

3. Investigator is the official who according to provisions of this Code is authorized:

- to conduct investigative and other legal proceedings independently, except cases in case of which this Code provides confirmation of their carrying out doznavatelny division by the chief, permission of the prosecutor or court;

- in case of pre-judicial production on criminal cases on which production of pretrial investigation is not obligatory to be guided by the rules provided by this Code for pretrial investigation, except for the rules provided by Chapter 20 of this Code.

4. The investigator shall:

- at the request of the chief of body of inquiry in cases, being urgent to bring criminal case concerning which production of pretrial investigations is obligatory, to hold urgent investigative actions and investigation and search operations I and to report about it to the prosecutor and in bodies of pretrial investigation within 24 hours;

- perform orders of court, the judge, the prosecutor, bodies of pretrial investigation, the chief of body of inquiry about carrying out separate investigative actions, about application of security measures of persons who are involved in criminal trial.

5. Instructions of court, the judge, the prosecutor, body of pretrial investigation, the chief of body of inquiry are obligatory for the investigator.

6. Instructions of the chief of body of inquiry for criminal cases can be appealed to the prosecutor, and instructions of the prosecutor - to the higher prosecutor.

7. Appeal of instructions does not stop their execution, except for instructions about qualification of crime and about accusation amount, about the direction of case to the prosecutor and the further direction of case in court or about the termination of criminal case.

Article 42. Victim

1. Person, irrespective of its age, mental and physical condition to which the crime does physical, material, moral harm, and also person whose rights and interests are delivered under direct threat of attempted crime is recognized to the victims. And also acknowledged legal entity to whom the crime does moral and material harm can be the victim. In this case the rights and obligations of the victim are performed by the representative of the legal entity. About recognition of physical person or legal entity by the victim the investigator, the investigator and the judge issue the decree, and court - determination, without delay after establishment of event of crime and the fact of causing by harm crime.

2. The victim, the legal representative and his representative has the right:

- provide proofs;

- declare petitions and branches;

- give evidences in the native language or in language which knows;

- use translation service free of charge;

- have the representative;

- get acquainted with protocols of the investigative actions made with its participation and submit on them notes;

- participate with the permission of the investigator or the investigator in the investigative actions which are carried out according to its petition or the petition of his legal representative or representative;

- get acquainted upon termination of investigation with all case papers, write out from it necessary data, participate in judicial discussions and debate in Trial Court in case of trial on case;

- get acquainted with the protocol of judicial session and submit on it notes;

- appeal actions or decisions of the investigator, the investigator, the prosecutor, court, the judge;

- appeal against sentence or determination, or the court order;

- be informed on the claims and protests brought on case and to give on them objections;

- be involved in judicial review of the declared claims and protests.

3. The victim shall:

- be on challenge of the investigator, investigator, prosecutor and court, the judge, to report all known to it in the matter of data and to answer the questions posed;

- not disclose data on initial inquiry or pretrial investigation known to it;

- observe established procedure in case of production of investigative actions and during judicial session.

4. The victim in case of absence on challenge without valid excuse is exposed to the forced drive.

5. The victim on challenge of bodies of inquiry, investigation or in court, or standing mute and for making obviously false evidences bears responsibility according to articles 351 and 352 of the Criminal code of the Republic of Tajikistan for refusal of appearance.

6. On cases on crimes which consequence the death of the victim, the rights provided by this Article was his close relatives have.

7. The victim has also other rights and performs other duties provided by this Code.

8. The state guarantees to the victim access to justice and compensation of the caused damage.

Article 43. Private prosecutor

1. Private prosecutor is person, the filed a lawsuit statement according to the procedure, determined by this Code, and the holding charges in court, and also the victim holding charges in court in case of refusal of the state prosecutor from accusation.

2. If the victim nesovershennolety or incapacitated, is considered his legal representative the private prosecutor who declared the petition, request or made the complaint.

3. The private prosecutor has all rights and performs all duties of the victim provided by parts 1 and 2 of Article 42 of this Code, except for the rights relating to stage of pre-judicial production of criminal case.

4. The private prosecutor has the rights belonging to it and fulfills the duties assigned to it personally or through the representative.

Article 44. Civil claimant

1. The civil claimant the physical person or legal entity concerning which as a result of crime execution property damage is caused to it, imposed requirements about its compensation is recognized. The civil claimant can also make the civil action and on compensation of moral damage.

2. About recognition by the civil claimant the investigator, the investigator, the prosecutor and the judge issue the decree, and court - determination.

3. In protection of interests of minors, and also persons, acknowledged in accordance with the established procedure incapacitated, the civil action can be made by their legal representatives.

4. The civil claimant has the right:

- prosecute the civil action or refuse the claim;

- provide proofs;

- declare petitions and branches;

- give evidences and explanations in the native language or in language which knows;

- use non-paid translation service;

- have the representative;

- get acquainted with protocols of the investigative actions made with its participation;

- participate with the permission of the investigator or the investigator in the investigative actions which are carried out according to its petition or the petition of his representative;

- get acquainted upon termination of investigation with the case papers relating to the civil action and write out from it necessary data;

- participate in legal proceedings of case in court the first, cassation and supervising instances;

- act in judicial discussions and debate;

- get acquainted with the protocol of judicial session and submit on it notes;

- bring claims to actions and decisions of the investigator, the investigator, the prosecutor, court, the judge;

- appeal against sentence and determination of court, the judge, the judge's ruling in the part concerning the civil action;

- be informed on the claims and protests brought on case and to give on them objections;

- be involved in judicial review of the declared claims and protests.

5. The civil claimant shall:

- be on challenges of the body conducting criminal trial;

- provide provision in court of copies of the action for declaration on number of civil defendants;

- provide the objects and documents which are available for it upon the demand of the body conducting criminal trial;

- submit to legal orders of the body conducting criminal trial;

- not disclose data on the circumstances which became known to it on criminal case if he was warned about it by body of criminal trial or court.

6. For disclosure of data of inquiry and preliminary inquiry without the permission of the body conducting criminal trial, the civil claimant is made responsible according to article 361 of the Criminal code of the Republic of Tajikistan.

7. The civil claimant can be interrogated as the witness.

8. The civil claimant has the rights belonging to him and fulfills the duties assigned to him personally or through the representative.

9. The refusal of the civil claimant of the claim can take place in the entire periods of production before removal of court to the consultative room for the resolution of sentence. Abandonment of claim leads cessation of production on it.

Article 45. Representatives of the victim, civil claimant and private prosecutor

1. Representatives of the victim, the civil claimant and the private prosecutor close relatives or other persons are recognized, competent by law to represent in case of criminal proceeding legitimate interests of the victim, civil claimant and private prosecutor and allowed to participation in case by the resolution of the investigator, investigator, prosecutor, determination of court, the judge.

2. For protection of the rights and legitimate interests of the victims who are minors or on the physical or psychological state deprived of opportunity independently to protect the rights and legitimate interests, their legal representatives are involved in obligatory participation in case.

3. Legal representatives and representatives of the victim, the civil claimant and the private prosecutor have the same procedural law, as the physical persons and legal entities represented by them.

4. Personal participation in case of the victim, the civil claimant and the private prosecutor does not deprive of them the right to have on this case the representative.

Chapter 6. The participants of criminal procedure protecting the or representative rights and interests

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