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
a) Repeated commission of a crime, recidivism, or engaging in criminal activities as a profession;
b) Causing severe consequences by the crime;
c) Committing a crime as part of a group of persons, a group by prior conspiracy, an organized group, or a criminal association (criminal organization) (as amended by the Law of the Republic of Tajikistan;
d) Playing a particularly active role in committing the crime;
e) Involving persons in the commission of a crime who are known by the perpetrator to suffer from mental disorders or are intoxicated, as well as involving minors and underage individuals;
f) Committing a crime motivated by local, national, racial, or religious hatred, religious fanaticism, revenge for the lawful actions of others, as well as to conceal another crime or facilitate its commission;
g) Committing a crime against a woman known by the perpetrator to be pregnant, as well as against a minor, an underage person, or another defenseless or helpless individual, or a person dependent on the perpetrator;
h) Committing a crime against a person or their close relatives in connection with their official or public activities;
i) Committing a crime by a person who thereby violated an oath or professional vow;
j) Committing a crime with particular cruelty, sadism, mockery, or torture of the victim;
k) Committing a crime using weapons, ammunition, military equipment, explosives, explosive or imitation devices, specially made technical means, toxic and radioactive substances, medical and other chemical-pharmacological preparations, or in a publicly dangerous manner;
l) Committing a crime using emergency conditions, natural or other public disasters, as well as during mass riots;
m) Committing a crime while in a state of alcohol, drug intoxication, or under the influence of psychotropic and other intoxicating substances;
n) Committing a deliberate crime against one's parents;
o) Committing a crime out of selfish or other base motives.
Depending on the nature of the crime, the court has the right not to recognize the circumstances specified in paragraphs "a," "m," and "n" as aggravating.
If a circumstance listed in the first part of this article is already provided as a qualifying feature of a crime in the relevant article of the Special Part of this Code, the court may not consider it again as an aggravating circumstance.
When imposing a punishment, the court may not recognize circumstances not specified in this Code as aggravating.
1) Unlawful deprivation of liberty that is not related to kidnapping or hostage-taking is punishable by restriction of liberty for up to three years or imprisonment for up to two years.
2) The same act, if committed:
a) by a group of persons by prior agreement;
b) repeatedly or by a person who has previously committed a crime under Articles 130, 131(1), or 181 of this Code;
c) in a manner dangerous to life and health;
d) with the use of a weapon or objects used as weapons;
e) against a knowingly minor person;
f) against a woman who is knowingly pregnant to the perpetrator;
g) against two or more persons; is punishable by imprisonment for three to seven years.
3) Acts provided for in parts one or two of this article, if they:
a) are committed by an organized group;
b) are committed for the purpose of sexual or other exploitation of the unlawfully deprived person;
c) negligently caused the death of the victim or other grave consequences, are punishable by imprisonment for a term of five to ten years.
1) Sodomy, lesbianism, or other sexual acts committed with the use of violence or the threat of violence against the victim or their relatives, or by exploiting the victim’s helpless state,
is punishable by imprisonment for a term of five to seven years.
2) The same acts, if committed:
a) repeatedly or by a person who has previously committed rape;
b) by a group of persons or a group by prior agreement;
c) with particular cruelty toward the victim or their relatives;
d) resulting in the victim’s infection with a venereal disease;
e) against a knowingly minor victim,
are 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.
1) The involvement of a minor in the commission of a crime through promises, deception, threats, or other means, committed by a person who has reached the age of eighteen,
is punishable by imprisonment for up to two years.
2) The same acts committed by a parent, teacher, or another person legally responsible for the upbringing of the minor,
are punishable by imprisonment for up to three years, with or without the deprivation of the right to hold certain positions or engage in certain activities for up to three years.
3) Acts provided for in parts one or two of this article, if committed with the use of violence or the threat of violence,
are punishable by imprisonment for a term 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 five years.
4) Acts provided for in parts one, two, or three of this article, if they involve the recruitment of a minor:
a) into an organized group or criminal association (criminal organization);
b) into the commission of a serious or especially serious crime,
are punishable by imprisonment for a term of five to ten years, with or without the deprivation of the right to hold certain positions or engage in certain activities for a term of three to five years.
Note: In this chapter, the term "minor" refers to both young children and underage individuals.
1) The involvement of a minor in the habitual consumption of alcoholic beverages, the systematic non-medical use of potent or other intoxicating substances, prostitution, vagrancy, or begging, committed by a person who has reached the age of eighteen,
is punishable by corrective labor for up to one year or imprisonment for up to two years.
2) The same act, if committed by a parent, teacher, or another person legally or factually responsible for the upbringing of the minor,
is punishable by imprisonment for up to three years, with or without the deprivation of the right to hold certain positions or engage in certain activities for up to three years.
3) Acts provided for in parts one or two of this article, if they:
a) are committed against two or more minors;
b) involve the use of violence or the threat of violence;
c) are committed repeatedly,
are punishable by imprisonment for up to five years, with the deprivation of the right to hold certain positions or engage in certain activities for a term of two to five years.
1) The production, acquisition, storage, and/or transportation across the State Border of the Republic of Tajikistan for the purpose of distribution, public display, or advertising, as well as the distribution, public display, or advertising of pornographic materials or items depicting minors,
is punishable by imprisonment for a term 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 five years.
2) These acts, if committed:
a) by a parent or another person legally responsible for the upbringing of a minor, as well as by a teacher or other employee of an educational, childcare, or medical institution;
b) involving a person knowingly under the age of fourteen;
c) by a group of persons by prior agreement or an organized group;
d) for the purpose of obtaining a large income;
e) using mass media, including information and telecommunication networks (such as the Internet),
are punishable by imprisonment for a term of five to ten years, with the deprivation of the right to hold certain positions or engage in certain activities for up to five years.