GENERAL PART

SECTION III. Sentence

CHAPTER 9. Concept, Purposes and Types of Sentences

Article 49. Fines

(1) A fine is a pecuniary punishment imposed within the limits provided for by the present Code.

(2) The amount of a fine is determined from 100 to 2000 times the minimum monthly wage.

(3) The amount of a fine is specified by the Court and depends on the type and significance of the crime and the Court shall take into account the financial condition of the offender.

(4) A fine subject to collection in order to compensate moral and physical damage is determined within the limits stipulated by the present article for the following crimes :

a) petty misdemeanor - not less than two hundreds times the current minimum monthly wage ;
b) misdemeanor - not less than four hundreds times the current minimum monthly wage ;
c) felony - not less than six hundreds times the current minimum monthly wage ;
d) especially grievous crime - not less than eight hundreds times the current minimum monthly wage.

(5) In the event an offender avoids to pay a fine or he is unable to do it, the Court may change the sentence to correctional labor or confinement.

GENERAL PART

SECTION III. Sentence

CHAPTER 9. Concept, Purposes and Types of Sentences

Article 57. Confiscation of Property

(1) Confiscation of property means final, uncompensated taking by the State of all or part of the belongings which are the property of the offender.

(2) Confiscation of property is prescribed for felonies or especially grievous crimes committed with mercenary motives , and it may be imposed by a Court only in cases provided for by corresponding articles of the Special Part of the Code.

(3) Belongings being necessary for the convict and his dependents are not subject to confiscation according to the list specified by the criminal executive Code of the Republic Tajikistan.

GENERAL PART

SECTION III. Sentence

CHAPTER 9. Concept, Purposes and Types of Sentences

Article 58. Deprivation of Freedom (Imprisonment)

(1) Deprivation of freedom means isolation of a convicted person by keeping him in a correctional colony under general, strict, especially strict regimes or in prison. Individuals who haven't reached the age of 18 years old when the verdict is pronounced are sentenced to serve the penalty in correctional facilities of general or intensified regime in the order established by Section V of the present Code.

(2) Deprivation of freedom may be imposed for a period of 6 months to 20 years.

(3) In case of substitution of deprivation of freedom for correctional labor or restriction of freedom it may be imposed for a period of less than 6 months.

(4) In case of partial or full cumulation of terms of imprisonment when imposing a sentence according to cumulative crimes the maximum term of deprivation of freedom must not exceed 25 years.

(5) Men convicted to imprisonment shall serve the sentence in the following facilities :

a) those who committed a crime due to negligence and were deprived of freedom for a period of no more than 5 years - serve in correctional facilities ;
b) those sentenced for a first offense for intentional crimes such as petty misdemeanors, misdemeanors, as well as those who committed a crime through carelessness and were deprived of freedom for a period of more than 5 years - serve in facilities of general regime.
c) those sentenced for a first offense for felonies - in facilities of intensified regime.
d) individuals convicted to imprisonment for especially grievous crimes for the first time, as well as in the event of recidivism - serve in facilities of strict regime ;
e) especially dangerous recidivists - serve in facilities of especially strict regime ;
f) individuals sentenced for especially grievous crimes for a period of more than 10 years, as well as in cases of especially dangerous recidivism, may serve not more than 5 years in prison.

(6) Women convicted to imprisonment shall serve the sentence in the following correctional facilities :

a) in the event of especially dangerous recidivism - serve in facilities of strict regime ;
b) those sentenced for crimes committed on the basis of neglectful conduct - serve in correctional facilities-settlements ;
c) others sentenced to imprisonment - serve in facilities of general regime.

(7) Depending on the character and degree of social danger of a crime, personality of a guilty person and other circumstances , the Court may impose a less strict type of facilities for serving the sentence in the form of imprisonment.

(8) A Court may change types of correctional facilities imposed by a verdict in accordance with the criminal executive code of the Republic Tajikistan.

Article 103
Role of States in enforcement of sentences of imprisonment
1. (a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
2. (a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.

Article 104
Change in designation of State of enforcement
1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.

Article 105
Enforcement of the sentence
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.

Article 106
Supervision of enforcement of sentences and conditions of imprisonment
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.

Article 109
Enforcement of fines and forfeiture measures
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.