of December 29, 2010 No. 644
About the state protection of participants of criminal trial
This Law regulates the legal basis of the state protection of participants of criminal trial, security measure and social support of specified persons and procedure for their application.
The state protection of participants of criminal trial (further - the state protection), according to this Zakonomosushchestvleniye authorized state bodies of the security measures directed to protection of their life, health and (or) property (further - security measures), and also measures of social support of specified persons (further - measures of social support) in connection with their participation in criminal trial.
1. Measures of the state protection are applied to the following participants of criminal trial:
- to the prosecutor - the state prosecutor;
- to the victim;
- to the witness;
- to the private prosecutor;
- to the suspect, the person accused, the defendant, the convict, justified, to their defenders and legal representatives, and also person concerning whom criminal case or criminal prosecution was stopped;
- to the expert, the specialist, the translator, the witness, and also the teacher and the psychologist participating in criminal trial;
- to the civil claimant, civil defendant;
- to legal representatives, representatives of the victim, civil claimant, civil defendant and private prosecutor.
2. Measures of the state protection can be also applied before initiation of legal proceedings to the applicant, the witness or the victim of crime or other persons promoting the prevention or disclosure of crime.
3. The close relatives established according to provisions of the Code of penal procedure of the Republic of Tajikistan on whom there is illegal encroachment for the purpose of impact on persons specified in parts 1 and 2 of this Article are also subject to the state protection.
4. Persons specified in parts 1-3 of this Article on whom the decision on implementation of the state protection is in accordance with the established procedure made hereinafter are referred to as further "protected persons".
1. The state protection is provided with the following bodies:
- the bodies making the decision on implementation of the state protection;
- the bodies performing security measures;
- the bodies performing measures of social support.
2. The resolution (determination) on implementation of the state protection is accepted by court (judge), the prosecutor, the head of department of inquiry, the head of the body performing operational search activities or the investigator in which production there is statement (message) on crime or criminal case if other is not provided by the criminal procedure legislation of the Republic of Tajikistan.
3. Implementation of security measures is assigned to law-enforcement bodies of the Republic of Tajikistan, bodies of homeland security of the Republic of Tajikistan, customs authorities of the Republic of Tajikistan, bodies of the Republic of Tajikistan on financial control and fight against corruption, bodies of the Republic of Tajikistan on control of drug trafficking on the criminal cases which are in their production, or referred to their maintaining. Implementation of separate security measures according to the legislation of the Republic of Tajikistan can be assigned to other state bodies.
4. Security measures concerning protected persons on the criminal cases which are in production of court or prosecutor's office are performed under the resolution (determination) of court (judge) or prosecutor by law-enforcement bodies, bodies of homeland security, customs authorities, bodies for financial control and fight against corruption and the drug trafficking monitoring bodies located in the location of the protected person.
5. Security measures concerning protected persons from among the military personnel are performed by command of the relevant military units and higher command.
6. Security measures concerning the protected persons containing in pre-trial detention centers are performed by these organizations, concerning the protected persons which are in places of serving sentence are performed by organizations and bodies of system of execution of criminal penalties of the Ministry of Justice of the Republic of Tajikistan.
7. Measures of social support are performed by the authorized bodies determined by the Government of the Republic of Tajikistan.
1. The state protection is performed according to the principles of legality, respect of rights and freedoms of man and citizen, the cross liability of the bodies providing the state protection.
2. The state protection is performed under public prosecutor's supervision and departmental control. When implementing the state protection according to the legislation of the Republic of Tajikistan public and secret methods are used.
3. Application of security measures shall not restrain housing, labor, pension and other laws of protected persons.
The legislation of the Republic of Tajikistan on the state protection of participants of criminal trial is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.
1. Can be applied to the protected person at the same time a little or one of the following security measures:
- bodyguard, protection of the dwelling and property;
- issue of special individual protection equipment, bonds and notifications about danger;
- ensuring confidentiality of data on the protected person;
- resettlement on other temporary residence;
- replacement of documents;
- appearance change;
- change of place of employment (service) or study;
- temporary placement to the safe place;
- application of additional security measures concerning the protected person which is held in custody or being in the place of serving sentence including transfer from one place of detention in another or serving sentence in another.
2. In the presence of the bases specified in article 16 of this Law also other security measures, stipulated by the legislation the Republic of Tajikistan can be applied to the protected person.
3. The security measures provided by paragraphs to the fourth, fifth, sixth and seventh part of 1 this Article are applied only to cases on heavy and especially serious crimes.
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