LAW OF THE REPUBLIC OF TAJIKISTAN

of March 15, 2016 No. 1275

About modification and amendments in the Code of penal procedure of the Republic of Tajikistan

Accepted by the Resolution MH MOPT of February 10, 2016, No. 352

Approved by the Resolution MM MORT of March 3, 2016, No. 172

Article 1. Bring in the Code of penal procedure of the Republic of Tajikistan accepted by the Law of the Republic of Tajikistan of December 3, 2009 (Akhbori of Majlisi Oli of the Republic of Tajikistan, 2009, No. 12, the Art. 815, Art. 816; 2010 No. 7, Art. 551; 2011, No. 3, Art. 159, No. 7-8, Art. 609; 2012, No. 4, Art. 259, No. 7, Art. 714, No. 8, Art. 815, No. 12, h 1, Art. 1020, Art. 1025; 2013, No. 7, Art. 510, Art. 511; 2014, No. 3, Art. 142, No. 11, Art. 643; The Law of the Republic of Tajikistan of November 23, 2015, No. 1229), the following changes and amendments:

1. To state part 3 of Article 15 in the following edition:

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

2. To add part 1 of Article 39 with the paragraph the thirteenth the following content:

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

3. Add with Article 167 (1) the following content:

"Article 167 (1). Recovery of criminal case

1. Recovery of the destroyed or lost criminal case or part of its materials is performed in case of production of pretrial investigation and inquiry by the resolution of the prosecutor. In case of destruction or loss of criminal case, or part of its materials, their recovery is made during judicial proceedings by a court decision and goes for execution to the prosecutor.

2. Recovery of criminal case is made according to the remained copies of the criminal case file which can be acknowledged proofs according to the procedure, established by this Code, and also by carrying out legal proceedings.

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