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.