'National penalties - aggression' in document 'Tajikistan - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION III. Sentence

CHAPTER 9. Concept, Purposes and Types of Sentences

Article 59. Capital Punishment

(1) Capital punishment (by shooting) is imposed for aggressive war (Article 395, p. II), genocide (Article 398), biocide (Article 399), homicide (Article 104, p. II), rape (Article 138, p. III), terrorism ( Article 179, p. IV), illegal trafficking of narcotics (Article 200, p. III), illegal cultivation of plants containing narcotic substances (Article 204), forcible seizure of power or forcible keeping of power (Article 306), encroachment on life of a statesman of the Republic Tajikistan (Article 310), intentional violation of norms of the international humanitarian law committed in the course of an armed conflict (Article 403, p.II).

GENERAL PART

SECTION XV. CRIME AGAINST THE PEACE AND SAFETY OF MANKIND

CHAPTER 34 Crime Against the Peace and Safety of Mankind

Article 395. Aggressive War

(1) Planning or preparation of an aggressive war is punishable by imprisonment for 12 to 20 years with confiscation of property.

(2) Unleashing or conducting an aggressive war is punishable by imprisonment for 15 to 20 years with the simultaneous confiscation of property or death penalty.

Article 396. Public Appeals To Unleashing an Aggressive War

(1) Public appeals to unleashing an aggressive war is punishable by a fine of 500 to 1000 times the minimum monthly wage or imprisonment for a period of 2 to 5 years.

(2) The same actions committed using mass media or by persons who hold state positions of the Republic of Tajikistan are punishable by imprisonment for a period of 7 to 10 years with deprivation of the right to hold certain positions or be engaged in certain activities for up to 5 years.

Note: The list of persons who hold state positions is determined by the legislation of the Republic of Tajikistan.