Last Change:

03/17/2025

Criminal Code of the Republic of Tajikistan

Year: 1998

Type: Domestic law

Rights Category: Asylum, Liberty & security of person

Description

Кодекси чиноятии Чумхурии Точикистон

Selected provisions
Article No.138 - Rape

1) Rape, meaning sexual intercourse committed with the use of violence or the threat of violence against a woman or her relatives, or by exploiting a woman's helpless state, is punishable by imprisonment for a term of three to seven years.
2) Rape committed:
a) repeatedly or by a person who has previously committed a crime under Article 139 of this Code;
b) by a group of persons or a group by prior agreement;
c) with particular cruelty toward the victim or other persons;
d) resulting in the victim’s infection with the human immunodeficiency virus (HIV);
e) resulting in the victim’s infection with a venereal disease;
f) against a knowingly minor victim;
g) against two or more persons, is punishable by imprisonment for a term of seven to twelve years with a lifetime ban on holding certain positions and/or engaging in certain activities.
3) Rape committed:
a) against a victim who is knowingly under the age of fourteen or a close relative;
b) in cases of particularly dangerous recidivism;
c) by an organized group;
d) using the conditions of a general disaster or during mass riots, or resulting in grave consequences;
e) with the use of or threat to use weapons or objects used as weapons, is punishable by imprisonment for a term of twelve to twenty-five years with a lifetime ban on holding certain positions and/or engaging in certain activities, or by the death penalty, or life imprisonment.

Article 143 - Violation of Equality of Citizens

1) Intentional direct or indirect violation or restriction of rights and freedoms, or the establishment of direct or indirect advantages for citizens based on gender, race, nationality, language, social origin, personal, property, or official status, place of residence, attitude towards religion, beliefs, affiliation with political parties, public associations, which causes harm to the rights and legitimate interests of a citizen,
is punishable by a fine of two hundred to five hundred calculation indicators or imprisonment for up to two years.
2) The same actions committed by a person:
a) with the use of violence or threats of violence;

b) by abusing their official position,

are punishable by imprisonment for a period of two to five years, with or without the deprivation of the right to hold certain positions or engage in certain activities for up to three years.

Article 189 - Incitement of Hatred or Enmity

Actions aimed at inciting social, racial, national, regional, or religious (confessional) hatred or enmity, degrading racial, national, religious (confessional), or regional dignity, as well as propaganda of exclusivity and superiority of citizens based on their religious (confessional), linguistic, racial, national, or regional affiliation, committed publicly or through mass media, or electronic communication networks, including the Internet, within a year after the application of an administrative penalty for the same offenses -
shall be punished by imprisonment.

Article 130(1) - Human Trafficking

1) The buying or selling of a person, as well as engaging in other illegal transactions involving them, regardless of the victim’s consent, for the purpose of exploitation or obtaining illegal profit by other means, including offering, recruiting, transporting, harboring, transferring, or receiving a person through coercion, deception, abuse of official position, abuse of trust or the victim’s vulnerable state, or bribing a person on whom the victim depends—
is punishable by imprisonment....
Note: A person who has committed acts under Parts 1 or 2 of this article but voluntarily reports the offense to the relevant authorities and releases the victim, provided that their actions do not constitute another crime, shall be exempt from criminal liability.

Article No.335 - Irregular crossing

Note: The provision of this article does not apply to cases where foreign citizens and stateless persons enter the Republic of Tajikistan in violation of border crossing rules for the purpose of exercising the right to political asylum in accordance with Constitution of the Republic of Tajikistan.

Article No.116 - Beating

Inflicting bodily harm or committing other violent actions that caused physical pain but did not result in the consequences specified in Article 112 of this Code, is punishable by compulsory labor for up to one hundred and twenty hours or a fine of up to three hundred assessment indicators or corrective labor for up to two years.

Article No.117 - Torment

Infliction of physical or mental suffering through systematic beatings or other violent methods, if it did not result in the consequences specified in Articles 110 and 111 of this Code,
is punishable by imprisonment for up to three years.
The same act, committed:
a) against two or more persons;

b) against a person or their relatives in connection with the performance of their official or public duties;

c) against a person who is known to be a minor or in a helpless state, or in material or other dependence on the perpetrator, as well as a person who has been kidnapped or taken as a hostage;

d) against a woman who is known to be pregnant;

e) by a group of persons, or by a group of persons acting in concert;

f) for hire;

g) on the grounds of national, racial, religious, or local hatred or enmity, or for revenge, is punishable by imprisonment for a term of three to seven years.

Article No.143(1) -Torture

1) The intentional infliction of physical and/or mental suffering, committed by a person conducting an inquiry or preliminary investigation, or by another official, or instigated, tacitly approved, or knowingly permitted by them, for the purpose of obtaining information or a confession from the tortured person or a third party, or to punish them for an act they or a third party committed or are suspected of committing, as well as to intimidate, coerce, or for any other reason based on discrimination of any kind, is punishable by imprisonment for a term of five to eight years with deprivation of the right to hold certain positions or engage in certain activities for up to five years.
2) The same act, if committed:
a) repeatedly;
b) by a group of persons by prior conspiracy;
c) against a woman known by the perpetrator to be pregnant, a minor, or a disabled person;
d) causing moderate harm to health, is punishable by imprisonment for a term of eight to twelve years with deprivation of the right to hold certain positions or engage in certain activities for five to ten years.

3) The acts provided for in parts one and two of this article, if they:
a) resulted in serious harm to health;
b) caused the death of the victim by negligence or other grave consequences, are punishable by imprisonment for a term of twelve to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for ten to fifteen years.

Article No.115 - Intentional Infliction of Serious or Moderate Harm to Health When Exceeding Necessary Measures for the Detention of a Person Who Committed a Crime

1) The intentional infliction of moderate harm to the health of a person who committed a crime, when exceeding the necessary measures for their detention, is punishable by compulsory labor for up to one hundred and forty hours or a fine of up to two hundred calculation indicators, or corrective labor for up to two years.
2) The intentional infliction of serious harm to the health of a person who committed a crime, when exceeding the necessary measures for their detention, is punishable by restriction of liberty for up to two years or imprisonment for the same term.

Article No.167 - Child Trafficking

1) Any act or transaction by which a child is unlawfully transferred by parents, another legal representative, or any other person (group of persons) under whose permanent or temporary care the child is placed, to another person (group of persons) for monetary compensation or other remuneration with the purpose of exploitation, obtaining material or other benefits, or for illegal adoption, regardless of the methods used shall be punishable by imprisonment for a term of five to eight years with confiscation of property.
2) The act described in the first part of this article, if committed:

a) repeatedly;
b) by a group of persons in prior conspiracy;
c) against two or more minors;
d) with the use of violence dangerous to life and health or with the threat of such violence;
e) for the purpose of removing the victim’s organs or tissues for transplantation, or for their illegal use in reproductive purposes or biomedical research;
f) by an official or representative of authority using their official position, or by another person performing managerial functions in a commercial or other organization;
g) with the transportation of the victim across the state border of the Republic of Tajikistan shall be punishable by imprisonment for a term of eight to twelve years.
An act described in parts one or two of this article, if it:

a) resulted in the death of the minor victim of trafficking or other grave consequences;
b) was committed by an organized group;
c) was committed under conditions of a particularly dangerous recidivism shall be punishable by imprisonment for a term of twelve to fifteen years.
Note: A person who has committed acts described in part one or two of this article, who voluntarily reports the offense to the relevant authorities and releases the child trafficking victim, shall be exempt from criminal liability if their actions do not contain elements of another crime.

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