GENERAL PART

SECTION I. CRIMINAL LAW

CHAPTER 2. Territorial Application of the Criminal Law and Question of its Retroactivity

Article 14. Operation of the Criminal Law in Regard to Persons Who Committed Crimes in the Territory of the Republic of Tajikistan

(1) Anyone who committed a crime in the territory of the Republic of Tajikistan is liable to be punished according to the present Code.

(2) A crime committed in the territory of the Republic of Tajikistan should be considered such an act, which :

a) was started, continued or completed in the territory of the Republic of Tajikistan ;
b) was committed outside the Republic Tajikistan, but criminal result turned out to come on its territory ;
c) was committed in the territory of the Republic Tajikistan, but criminal result came outside the republic ;
d) was committed in complicity with persons who implemented criminal activity in the territory of any other state.

(3) The criminal legislation of the Republic Tajikistan acts independently of lex loci delicti commissi in regard to socially dangerous acts committed in the air-craft or river boat under the flag or other marks of the Republic Tajikistan.

(4) If a crime is committed in the territory of the Republic Tajikistan by diplomatic representatives of foreign countries or other citizens who have immunity, the question of criminal liability is decided on the basis of norms of International law.

Article 15. Application of the Criminal Law in Regard to Persons who Committed Crimes outside the Republic of Tajikistan

(1) Citizens of the Republic Tajikistan and permanent residents without citizenship are liable to criminal responsibility for crimes committed outside the Republic Tajikistan in conformity with this Code in case if they were not punished under the court verdict of any other state.

(2) Foreign citizens and persons without citizenship not living constantly in the Republic Tajikistan are liable to criminal proceedings for crimes committed outside the Republic Tajikistan according to the present Code in the following cases :

a) if they committed a crime prescribed by norms of International law recognized by the Republic of Tajikistan or interstate treaties and agreements ;
b) if they committed a felony or an especially grievous crime against citizens of Tajikistan or interests of the Republic Tajikistan.

(3) These rules shall be applied if foreign citizens and persons without citizenship, who are not permanent residents, were not convicted in any other state.