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Ministry of Justice

Republic of Tajikistan

 On October 10, 2013 No. 621

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of October 4, 2013 No. 448

About the Accounting treatment, storages, confiscations and destructions of the drugs, psychotropic substances and precursors withdrawn from illicit trafficking

According to Article 185 of the Code of penal procedure of the Republic of Tajikistan and article 19 of the Law of the Republic of Tajikistan "About drugs, psychotropic substances and precursors" the Government of the Republic of Tajikistan decides:

1. Approve the Accounting treatment, storages, confiscations and destructions of the drugs, psychotropic substances and precursors withdrawn from illicit trafficking it (is applied).

2. To the relevant ministries and departments to organize the activities for accounting, storages, confiscations and destructions of the drugs, psychotropic substances and precursors withdrawn from illicit trafficking according to this Procedure.

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

 

Approved by the Order of the Government of the Republic of Tajikistan of October 4, 2013, No. 448

Accounting treatment, storages, confiscations and destructions of the drugs, psychotropic substances and precursors withdrawn from illicit trafficking

1. General provisions

1. The accounting treatment, storages, confiscations and destructions of the drugs, psychotropic substances and precursors withdrawn from illicit trafficking (further - this Procedure), is developed according to Article 185 of the Code of penal procedure of the Republic of Tajikistan and article 19 of the Law of the Republic of Tajikistan "About drugs, psychotropic substances and precursors", and determines operations procedure by accounting, storage, confiscation and destruction of the drugs, psychotropic substances and precursors recognized by physical evidences on criminal cases.

2. Drugs and psychotropic, the substances (further physical evidences) withdrawn by criminal prosecution authority within 24 hours go to relevant organs of judicial examination for conducting judicial examination.

3. In terms and procedure, stipulated by the legislation the Republic of Tajikistan, after conducting judicial examination the researched drugs and psychotropic substances the resolution of the investigator (investigator) are recognized the physical evidence and join criminal case.

4. Physical evidences are checked in special storages of the Ministry of Internal Affairs of the Republic of Tajikistan and Agency on control of drugs in case of the President of the Republic of Tajikistan (further - authorized bodies).

5. On criminal cases about illicit trafficking in drugs and psychotropic substances in large and especially large sizes by which pretrial investigation is suspended based on paragraphs of the first and second of part 1 of Article 230 of the Code of penal procedure of the Republic of Tajikistan from the lump of physical evidences - drugs and psychotropic substances for familiarizing with criminal case by the investigator based on the decision approved with the prosecutor, in the presence of witnesses and with obligatory participation of the specialist, using video and photography, samples in quantity (on weight) at least initial size of the large and especially large size established by appendix of 1 Criminal code of the Republic of Tajikistan are selected.

Samples of drugs and psychotropic substances are selected from at least 4 points of each packaging.

6. The selected examples and rollups of drugs and psychotropic substances are packed, sealed, certified by signatures of the investigator (investigator), specialist and witnesses and together with photo tables of selection process of tests join criminal case as acknowledged physical evidences.

7. In the protocol which is constituted by the investigator (investigator) all actions taken for receipt of samples in that sequence in which they were made the research methods, and also their quantity and the storage location applied at the same time are described.

2. Acceptance, accounting and transfer of physical evidences in special storages

8. Drugs and psychotropic substances are accepted from bodies of inquiry and pretrial investigation only in the packed and sealed type, with indication of number and date of initiation of legal proceedings to which they are attached as physical evidences.

9. Acceptance of physical evidences in special storages of authorized bodies is made for storage in the following procedure:

- the inspector person on duty of department Operational and on duty or the Operational control room of authorized bodies in the presence of the chief of department operational and on duty checks compliance of number of the arrived packagings to the number of the packagings specified in accompanying documents;

- checks integrity (safety) of packagings and prints of seals;

- in necessary cases carries out check weighting of packaging without its opening.

In case of discrepancy of availability of the delivered packagings to accompanying documents, in case of detection of violation of packaging, prints of seals or discrepancy of mass of substances with the available experimental testimony, the delivered physical evidences are not accepted and return.

About the revealed violations the statement in duplicate is drawn up. One copy is handed to person who delivered physical evidences, the second copy of the act is stored in department operational and on duty or in operational control room.

10. About acceptance of drugs and psychotropic substances for storage in special storages of authorized bodies the delivery-acceptance certificate in triplicate is drawn up. One copy is stored in department operational and on duty or in operational control room, the second copy of the act is handed to the employee who delivered drugs and psychotropic substances, the third copy of the act is applied to the accepted physical evidences.

11. Physical evidences in special storages of authorized bodies are considered in the special book (magazine) which proshnurovyvatsya, numbered, sealed and registered in general department or in the secretariat.

12. In the book receipt date, the name, the number of packagings and their weight, number and date of initiation of legal proceedings (material) with which they are acquainted as physical evidences, surname, name, middle name of the person accused and the name of the body which directed physical evidences to storage is specified.

13. Delivery of physical evidences is carried out to special storages of authorized bodies without delay after conducting examination.

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