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Ministry of Justice

Republic of Tajikistan 

 On May 20, 2016 No. 41

LAW OF THE REPUBLIC OF TAJIKISTAN

of May 14, 2016 No. 1306

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

Accepted by the Resolution MH MOPT of March 30, 2016, No. 382

Approved by the Resolution MM MORT of May 5, 2016, No. 220

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; 2015, No. 11, Art. 950; The Law of the Republic of Tajikistan of March 15, 2016, No. 1275), the following changes and amendments:

1. Add Article 6 with the paragraph the eighth the following content:

"-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;".

2. In Article 46:

- to add part 3 after the words "since the moment" with the word of "actual";

- add part 4 with paragraph one of the following content:

"-from the moment of the actual detention without delay to use services of the defender, to freely have appointment alone to the defender, including prior to interrogation;".

3. State Article 88 in the following edition:

"Article 88. Assessment of proofs

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