President of the Republic of Tajikistan

Submission of the Draft Law of the Republic of Tajikistan “On Amnesty” for the Consideration of the Assembly of Representatives of Tajikistan

16.10.2019 09:35, Dushanbe city

Today, on the occasion of the 25th anniversary of the adoption of the Constitution of the Republic of Tajikistan, the Founder of Peace and National Unity, Leader of the Nation, President of Tajikistan Emomali Rahmon proposed for consideration of the Assembly of Representativesthe draft law “On Amnesty.”

The draft of this law provides for the exemption from criminal liability and punishment of persons with respect to whom criminal cases are pending by the bodies of inquiry, preliminary investigation or the courts or who are serving a sentence.

According to the preliminary data, this law applies to more than 20,000 suspects, accused, defendants and convicts. Over 7,000 are exempted from serving a sentence and more than 5,000 people from other punishments not related to imprisonment. This law also applies to more than 2,000 individuals whose criminal cases are pending before the bodies of inquiry, preliminary investigation or the courts.

In accordance with Article 1 of this law, the following convicted persons shall be released from serving a sentence of imprisonment, regardless of the term of the sentence imposed and from serving other punishments not related to deprivation of liberty:

- women

- minors

- men over 55 years old

- individuals with disabilities (groups I, II, and III),those with stage four of clinical group malignancies according to the international classification of malignant neoplasms of the lymphatic and hematopoietic tissues, respiratory tuberculosis and destructive lung lesions, coronary heart disease - angina pectoris of functional classes III and IV

- participants of the Great Patriotic War (WWII) and those who took part in the hostilities in the territories of other states, as well as individuals who were injured as a result of the accident at the Chernobyl nuclear power plant

- persons awarded state awards and foreign citizens

Along with this, according to the requirements of Article 2 of the law, individuals who have committed crimes through negligence are completely exempted from punishment, regardless of the type of punishment.

One of the distinguishing features of the proposed draft law from earlier adopted amnesty laws is that the number of people who can be released from serving their sentences has increased. In particular, women convicted of especially serious crimes who have actually served more than 12 years of imprisonment, men over 70 years of age (with the exception of those who have committed especially serious crimes), persons convicted of receiving or giving a bribe of up to 10,000 somoni, foreign citizens who have committed the crimes provided for in paragraph 10 of Article 3, regardless of the restrictions provided for in other articles of this Law, are completely exempt from punishment.

It also provides for the release from punishment of convicts for whom the execution of the sentence has been delayed or the sentence has not been conditionally applied, or for those on parole who are serving their sentences or serving sentences in penal colonies such as settlements or are not associated with other punishments not related to deprivation of liberty of freedom.

It should be noted that the operation of this law applies first to those who committed crimes of minor gravity or through negligence. In particular, in accordance with Article 4 of the draft, those who were convicted for the first time of committing crimes of light or medium gravity are completely exempted from serving their sentences. At the same time, persons who have served two-thirds of the sentence for committing serious crimes or convicted of especially serious crimes if they have served at least three-quarters of the sentence in prison are exempted from further punishment.

In accordance with Article 5, convicts sentenced for committing grave and especially grave crimes for a term of more than 15 years who have served more than 15 years before the entry into force of this law and the remaining sentence of less than three years are exempted from serving their sentences, regardless of the restrictions and prohibitions provided for this law.

In order to protect the rights of victims, this law applies to individuals who have committed crimes provided for in paragraphs 3 and 4 of Articles 245, 246, 247, 253 and 257 of the Criminal Code of the Republic of Tajikistan, provided that they have fully restored the material damage caused by the victim.

In accordance with Article 6, the persons referred to in Article 1 of the draft, as well as persons who have committed crimes through negligence and who committed crimes of small and medium gravity for the first time are exempted from criminal liability.

In article 7, the reduction of the unserved term of punishment of persons sentenced to deprivation of liberty in respect of which the actions of articles 1, 2, paragraphs 6, 7, 10 of article 3 and articles 4 and 6 of this law do not apply, is provided as follows:

- In relation to convicts who have been sentenced to imprisonment for committing reckless crimes

- in relation to convicts who have been sentenced to deprivation of liberty for committing crimes of light gravity and moderate gravity

- in relation to convicts who have been sentenced to imprisonment for committing a serious crime, - by one third of the term

The draft also indicates several situations that restrict the application of legislation to certain individuals.

In particular, article 8 defines the individuals for whom the “On Amnesty” law does not apply. This group (with the exception of women and minors) includes persons who have committed the most dangerous crimes, sentenced to imprisonment in accordance with article 104, part 3, article 110, articles 130, 130 1, 138, 139, 143 1, 179, 179 1 , 179 2, 179 3, 185, 186, 187, 188, 189, part 4 of article 200, paragraph “B” of paragraph 2 and paragraph 3 of article 237, part 4 of article 248, parts 3 and 4 of article 249, parts 3 and 4 Articles 250, Articles 305-310, 313, 328, 331, 332, Articles 365, 395-405 of the Criminal Code of the Republic of Tajikistan.

In this case, the law does not apply to persons sentenced to life imprisonment, as well as to persons sentenced to death who have been committed to imprisonment, and to persons who have committed a crime at the place of serving the sentence.

In accordance with article 9 in relation to people for committing crimes under article 104, part 2 of article 109, part 3 of article 110, article 122, parts 2 and 3 of article 125, article 130, 130 1, part 3 of article 131, articles 137 , 138, part 2 of article 141, part 2 of article 142, part 2 of article 142 1, article 143 1, part 2 and 3 of article 167, part 2 of article 179, 179 1, 179 2, 179 3, 181, parts 3 and 4 of article 184 , parts 4 and 5 of article 184 1, parts 3 and 4 of article 184 2, parts 3 and 4 of article 184 3, articles 184 4, 185-189, 193, 195, 196, 199, part 4 of article 200, part 4 of article 201 , part 3 of article 202, part 3 of article 202 1, part 3 of article 202 2, part 3 of article 203, part 4 of article 204, part 2 of article 205, parts 3, 4 and 5 of article 212, part 3 of article 237, part 4 of article 244, parts 3 and 4 of article 248, articles 249, 250, part 3 of article 252, parts 2, 3 and 4 of Article 289, Articles 307 2, 307 2, 1 of Article 307 2, part 1 of article 307 3, Articles 307 4, 308, 309, 310, 313, part 3 of Article 314, part 4 of Article 319 (if the amount of the bribe exceeds ten thousand somoni), part 2 of article 320 (if the amount of the bribe exceeds ten thousand somoni), articles 328, 329, 330, 331, 332, part 3 of article 335, part 2 of article 3351, part 2 of article 3381, article 340, article 347 (if the failure to report the crime or harboring it is connected with crimes of a terrorist and extremist nature, or crimes against the foundations of the constitutional order and security of the state), parts 2 and 3 of article 356, article 365, part 2 of article 368, parts 2 and 3 of article 369, parts 2 and 3 of article 370, articles 374, 375 , articles 382-385, part 4 of article 386, part 4 of article 391, parts 1 and 2 of article 393, articles 396, 397, parts 1 and 2 of article 401, parts 1 and 2 of article 402, articles 403 and 404 of the Criminal Code of the Republic of Tajikistan , the validity of articles 1, 2, 4 and 6 of this law shall not apply. Article 7 applies to these persons, and the time for serving their sentences is reduced.

This law pays particular attention to the issue of women and minors. Articles 1 and 6 of this does not applyto women and minors who have committed the crimes provided for in articles 104, paragraph 3 of article 138, parts 3 and 4 of article 139, articles 179, 1791, 179 2, 179 3, 307, 307 1, 307 2, part 1 of article 307 3, articles 307 4, 308, 309, 310, 395-405 of the Criminal Code of the Republic of Tajikistan, or they were convicted of committing the crimes provided for in part 4 of article 245, part 4 of article 246 and part 4 of article 247 of the Criminal Code of the Republic of Tajikistan, and not fully indemnified for material damage if the amount of damage does not exceed 100,000 somoni.

This law applies to persons who committed crimes before its entry into force or were prosecuted by the bodies of inquiry and preliminary investigation or criminal cases with respect to which are pending before the courts or not considered by the courts or convicted by the courts, as well as against persons convicted by foreign courts and extradited to the Republic of Tajikistan for further serving their sentences.

Article 12 contains a list of bodies and institutions responsible for the implementation of this law and the procedure for its implementation. This law is applied by the bodies or institutions with respect to which the case or material is located or considered, or the convicted person is serving a sentence in these institutions. When considering materials or cases regarding the application of amnesty in the courts, the participation of the prosecutor is mandatory. The bodies of inquiry and preliminary investigation, the commanders of military units and institutions for the execution of criminal sentences of the Main Directorate for the Execution of Criminal Sentences of the Ministry of Justice of the Republic of Tajikistan apply this law with the consent of the prosecutor.

The decision on the application of this law in relation to wanted persons is adopted without calling and consent of these persons. This circumstance does not deprive such persons of the right to appeal the decision or ruling in the future.

At the same time, it should be noted that the implementation of this law does not extinguish the criminal record, and the persons amnestied in accordance with this law are not exempted from additional punishments and restoration of compensation for material damage caused as a result of the commission of a crime.

In accordance with Article 20 of the draft, the relevant authorities are obliged to ensure the implementation of this law within two months and to further inform the President of the Republic of Tajikistan on its implementation.

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