'National penalties - maximum penalty' 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 58. Deprivation of Freedom (Imprisonment)

(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.

GENERAL PART

SECTION XIII. CRIMES AGAINST STATE POWER

CHAPTER 32 Crimes Against Justice

Article 345. Impeding Exercise Justice, Inquiry and Preliminary Investigation

(1) Interference in activity of the Court in order to impede the process of exercising justice , is punishable by a fine in the amount of 500 to 1000 times the minimum monthly wage, or correctional labor for up to 2 years or confinement for a period of 3 to 6 months, or imprisonment for up to 2 years.

(2) Unlawful pressure on an investigator or prosecutor in order to obstruct the process of detailed, complete and impartial investigation,- is punishable by a fine in the amount of 500 to 1000 times the minimum monthly wage, or correctional labor for up to 2 years, or up to 6 months of confinement, or deprivation of freedom for up to 2 years.

(3) The actions specified by Paragraphs 1 and 2 of the present article committed by a person using his official position,- are punishable by imprisonment for a period of 2 to 5 years with or without deprivation of the right to hold certain positions or be engaged in certain activities for up to 3 years.

Article 346. Knowingly False Information

(1) Knowingly false information about a crime is punishable by a fine in the amount of 500 to 1000 times the minimum monthly wage or confinement for a period of 3 to 6 months.

(2) The same action :

a) connected with felony charges ;
b) manufacturing artificial evidence to prove the charge ;
c) for mercenary motives ;
d) in the interests of an organized group, -
is punishable by correctional labor for up to 2 years or deprivation of freedom for up to 5 years with or without confiscation of property.

(3) The actions specified by paragraphs 1 or 2 of the present article :

a) committed in relation to an investigator, judge or prosecutor ;
b) causing grave consequences , -
are punishable by deprivation of freedom for a period of 5 to 7 years with confiscation of property.

Article 347. Failure to Report a Crime or Concealing a Crime

(1) Failure to report about the preparation or commission of a felony or especially grievous crime as well as failure to report about a criminal and the place of his being,- is punishable by a fine in the amount of 500 to 1000 times the minimum monthly wage or deprivation of freedom for up to 2 years.

(2) Concealment of a felony or especially grievous crime is punishable by deprivation of freedom for up to 5 years.

Note: A spouse or close relatives of the defendant shall not be criminally liable for failure to report a crime or concealment. A priest is also released from criminal liability for failure to report a crime which became known to him during confession.

Article 348. Institution of Criminal Proceedings Against Knowingly Innocent Parties

(1) Institution of criminal proceedings by an inquirer, investigator or prosecutor against a person who is knowingly innocent is punishable by deprivation of freedom for up to 2 years.

(2) The same action :

a) connected with charge of committing a felony or especially grievous crime ;
b) supplemented with manufacturing artificial evidence to prove the charge ;
c) causing grave consequences, -
is punishable by imprisonment for a period of 3 to 5 years with deprivation of the right to hold certain positions or be involved in certain activities for up to 5 years.

Article 349. Rendering a Sentence, Decision or Other Judicial Acts Known To Be Illegal

(1) Rendering a sentence, decision or any other judicial act known to be illegal by a judge,- is punishable by a fine in the amount of 1000 to 1500 times the minimum monthly wage or imprisonment for up to 2 years.

(2) The same action :

a) connected with sentencing to imprisonment ;
b) supplemented with manufacturing artificial evidence ;
c) causing other grave consequences,-
is punishable by imprisonment for a period of 3 to 5 years with deprivation of the right to hold certain positions or be engaged in certain activities for up to 5 years.

Article 350. Hindering the Appearance of Witnesses or Victims in Court and Preliminary Investigation Agencies

Hindering the appearance of witnesses or victims in court and preliminary investigation agencies,- is punishable by a fine in the amount of up to 200 times the monthly minimum wage or deprivation of freedom for up to 2 years.

Article 351 False Testimony

(1) Knowingly false testimony given by a witness, victim or expert as well as erroneous interpretation by an interpreter in Court or during preliminary investigation ,- is punishable by limitation of freedom for a period of 1 to 3 years or imprisonment for up to 2 years.

(2) The same actions :

a) connected with charge of committing a felony or especially grievous crime ;
b) supplemented with manufacturing artificial evidence to prove the charge ;
c) committed for mercenary motives ;
d) committed in the interests of an organized group, -
are punishable by deprivation of freedom for a period of 2 to 5 years with or without confiscation of property.

Note: A witness, victim, expert or interpreter shall be released from criminal liability if they voluntarily announced before passing a sentence that they had given false testimony, conclusion or erroneous translation in the course of inquiry, preliminary investigation or court proceedings.

Article 352 Refusal to Appear in Court, Give Testimony, Reports and Make Translation

(1) Refusal to appear in preliminary investigation agencies or court by a witness or victim, or refusal to give testimony, is punishable by a fine in the amount of 500 times the minimum monthly wage.

(2) Refusal to appear in the same agencies by an expert, interpreter or attesting witnesses, or refusal to discharge obligations,- is punishable by a fine in the amount of up to 500 times the minimum monthly wage.

Article 353 Bribery or Forcing Witnesses, Victims, Experts or Interpreters to Give False Testimony, Opinion or Erroneous Interpretation

(1) Offering a bribe to a witness, victim, expert or interpreter in order to make them give false testimony, opinion, erroneous interpretation, is punishable by a fine in the amount of up to 500 times the monthly minimum wage or confinement for up to 6 months.

(2) Forcing a witness, victim, expert or interpreter to give false testimony, opinion, erroneous interpretation as well as forcing these persons to avoid giving testimony, connected :

a) with blackmail ;
b) with threat of murder ;
c) harm to health ;
d) destroying property of these people or their relatives,-
is punishable by limitation of freedom for a period of 1 to 3 years or imprisonment for up to 3 years.

(3) The action specified by paragraph 2 of the present article committed with violence not endangering the life or health of these people, is punishable by correctional labor for up to 2 years or deprivation of freedom for up to 5 years.

(4) The actions stipulated by paragraphs 1 or 2 of the present article, committed :

a) by an organized group ;
b) with violence endangering the life and health of the people indicated in the article, -
are punishable by deprivation of freedom for a period of 5 to 10 years.

Article 354 Enforcing the Duty to Testify by a Person Conducting Preliminary Investigation or Implementing Justice

(1) Forcing a suspect, accused, victim, witness, expert to give testimony and opinion by means of threats, blackmail or other unlawful acts by a person who conducts preliminary investigation or implements justice, is punishable by limitation of freedom for a period of 1 to 2 years, correctional labor for up to 2 years or by up to 3 years of imprisonment.

(2) The same actions :

a) supplemented with insulting, torture or any other violence ;
b) causing grave consequences, -
are punishable by imprisonment for a period of 3 to 10 years with deprivation of the right to hold certain positions or be engaged in certain activities for up to 3 years or without it.

Article 355. Disrespect Towards a Court

(1) Disrespect towards a court resulting in insulting participants of a trial is punishable by a fine in the amount of up to 500 times the minimum monthly wage or confinement for a period of up to 6 months.

(2) Insulting a judge, people's assessor or another person participating in administering justice,- is punishable by correctional labor for up to 2 years or imprisonment for the same period.

Article 356. Threat or Forcible Actions In Regard to a Judge, Assessor, Prosecutor, Investigator, Bailiff, Advocate, Expert, Interpreter, Employee of Tax Bodies

(1) Threat of murder, violence, damaging or destroying property applied in relation to a judge, people's assessor, prosecutor, investigator, bailiff, advocate, expert, interpreter, employee of tax bodies or their relatives in connection with conducting preliminary investigation, examination of a case or execution of a sentence, court decision,-is punishable by correctional labor for up to 2 years or deprivation of freedom for up to 3 years.

(2) Using violence not endangering the life or health of the people pointed in paragraph 1 of the present article in connection with conducting preliminary investigation, examination of a case, or execution of a sentence, court judgment or any other judicial act, is punishable by deprivation of freedom for a period of 2 to 5 years.

(3) The actions specified in paragraphs 1 or 2 of the present article, committed with violence endangering for the life and health,- are punishable by imprisonment for a period of 5 to 8 years.

Article 357. Trespass to the Life of a Person Administering Justice or Conducting Preliminary Investigation

Trespass to the life of a judge, assessor or other persons who participate in administering justice, as well as prosecutor, investigator, attorney, expert, bailiff and their close relatives, connected with examination of cases, preliminary investigation, execution of a sentence, judgment or other judicial acts with the purpose of hindering lawful activity of these persons,- is punishable by imprisonment for a period of 10 to 20 years.

Article 358. Unlawful Detention or Taking Into Custody

(1) Detention known to be unlawful,- is punishable by limitation of freedom for up to 3 years, confinement for a period of 3 to 6 months, or by up to 2 years of imprisonment with or without deprivation of the right to hold certain positions or be engaged in certain activities for up to 2 years.

(2) Knowingly illegal taking into custody is punishable by up to 3 years of imprisonment simultaneously with deprivation of the right to hold certain position or to be engaged in certain activity for a period of up to 3 years.

(3) The actions specified by paragraphs 1 or 2 of the present article, causing grave consequences, are punishable by imprisonment for a period of 3 to 7 years with deprivation of the right to hold certain positions or be engaged in certain activities for up to 3 years.

Article 359. Falsification of Evidence

(1) Falsification of evidence when considering a civil case by a person participating in this case or his representative, is punishable by correctional labor for a period of 1 to 2 years or confinement for a period of 2 to 6 months.

(2) Falsification of evidence when considering a criminal case by a person conducting preliminary investigation, investigator, prosecutor or counsel for the defense, is punishable by up to 3 years' imprisonment with deprivation of the right to hold certain positions or be engaged in certain activities for up to 3 years.

(3) Falsification of evidence when considering a criminal case by persons mentioned in paragraph 2 of the present article :

a) about a felony or especially grievous crime ;
b) causing grave consequences through carelessness, -
is punishable by imprisonment for a period of 5 to 8 years with deprivation of the right to hold certain positions or be involved in certain activities for up to 5 years.

Article 360. Illegal Release From Criminal Liability

Illegal release of the suspect or accused from criminal liability by a prosecutor or a person instituting preliminary investigation, is punishable by imprisonment for up to 5 years with deprivation of the right to hold certain positions or be engaged in certain activities for up to 3 years.

Article 361 Divulging Facts of Inquiry or Preliminary Investigation

Divulging facts of inquiry or preliminary investigation by a person who was notified in advance about inadmissibility to divulge them without permission of the inquirer, investigator or prosecutor ,- is punishable by a fine in the amount of up to 500 times the minimum monthly wage or correctional labor for up to 2 years, or by up to 2 years of imprisonment.

Article 362 Unlawful Actions in Relation to Property Subject to Inventory, Attachment or Confiscation

(1) Embezzlement, alienation or concealment of property under execution committed by a person, whom the property was entrusted to, as well as implementing bank operations with money (deposits) subject to attachment by an employee of a credit organization,- is punishable by a fine in the amount of 500 to 1000 times the minimum monthly wage or confinement for a period of 3 to 6 months, or imprisonment for up to 2 years.

(2) Concealment or misappropriation of property subject to confiscation according to the judgment of the court, as well as avoidance of the execution of the judgment about imposition of confiscation of property which came into legal force,- is punishable by a fine in the amount of 1000 to 2000 times the minimum monthly wage or imprisonment for up to 3 years.

Article 363 Non-Execution of Sentences, Judgments, Resolutions of the Court or Other Judicial Acts

Malicious non-execution of valid sentences, judgments and resolutions of the Court or other judicial acts by an official, state employee of local government bodies, as well as by an employee of state or municipal establishments, commercial or other organizations, is punishable by a fine in the amount of 200 to 500 times the minimum monthly wage or confinement for a period of 3 to 6 months, or deprivation of freedom for up to 2 years.

Article 364 Evasion From Serving of a Sentence in the Form of Imprisonment

Evasion from serving a sentence by a person convicted to imprisonment, who is permitted to leave places of detention for a short term or granted a reprieve from the sentence, after expiration of the term of departure or reprieve,- is punishable by imprisonment for up to 2 years.

Article 365. Escape From Prison or Custody

(1) Escaping from prison or custody committed by an offender serving a sentence or under detention pending trial is punishable by deprivation of freedom for a period of 2 to 5 years.

(2) The same action, committed :

a) by conspiracy of a group of persons ;
b) with violence endangering the life or health of other persons, or with threat of such violence ;
c) with use of weapons or objects used as weapons, -
is punishable by deprivation of freedom for a period of 5 to 12 years.

Note: A person who voluntarily comes back to places of detention or into custody within 3 days, may be released from criminal liability for escape by the Court.