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 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.