'Early release - national proceedings' in document 'Tajikistan - Criminal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION III. Sentence

CHAPTER 12. Release From Sentence

Article 76. Parole

(1) For a person who serves a sentence in the form of deprivation of the right to hold certain positions or be engaged in a specific activity, correctional labor, service restrictions, freedom limitations, imprisonment, or detention in a disciplinary battalion, the Court may award parole in cases of exemplary conduct and honest respect for work. In this case a defendant may also be partially or fully released from serving a supplemental sentence.

(2) When determining parole the Court may impose responsibilities specified by Article 71of the present Code, which an offender must perform during the period of the unserved portion of the sentence.

(3) Parole may be granted only after the offender has actually served :

a) not less than a half of the sentence imposed by the Court for a petty misdemeanor and misdemeanor ;
b) not less than 2/3 of the sentence imposed by the Court for a felony ;
c) not less than 3/4 of the sentence imposed by the Court for an especially grievous crime, as well as the sentence determined to the offender paroled before , if the parole was canceled according to the grounds specified in part 6 of the present article.

(4) The period of the actually served sentence in the form of imprisonment cannot be less than 6 months.

(5) Control of the conduct of paroled offenders is carried out by the law enforcement bodies, and for servicemen - by the officials of the military units.

(6) If during the period of the unserved portion of the sentence :

a) a convicted person repeatedly commits offenses leading to administrative punishment in the form of confinement, or doesn't perform the responsibilities imposed by the Court, upon the petition of the bodies set forth in part 5 of the present article, will make a resolution about quashing the parole and executing the unserved part of the sentence ;
b) a convicted person commits a crime, the Court will determine a sentence according to the rules provided for by Article 68 of the present Code.

(7) Parole is not granted to :

a) an offender whose sentence in the form of capital punishment has been changed to imprisonment by order of a pardon or amnesty ;
b) especially dangerous recidivists ;
c) an organizer, members of a conspiracy ;
d) a person sentenced for a crime against the peace and safety of humankind.