GENERAL PART
SECTION I. CRIMINAL LAW
CHAPTER 2. Territorial Application of the Criminal Law and Question of its Retroactivity
Article 14. Operation of the Criminal Law in Regard to Persons Who Committed Crimes in the Territory of the Republic of Tajikistan
(1) Anyone who committed a crime in the territory of the Republic of Tajikistan is liable to be punished according to the present Code.
(2) A crime committed in the territory of the Republic of Tajikistan should be considered such an act, which :
a) was started, continued or completed in the territory of the Republic of Tajikistan ;
b) was committed outside the Republic Tajikistan, but criminal result turned out to come on its territory ;
c) was committed in the territory of the Republic Tajikistan, but criminal result came outside the republic ;
d) was committed in complicity with persons who implemented criminal activity in the territory of any other state.
(3) The criminal legislation of the Republic Tajikistan acts independently of lex loci delicti commissi in regard to socially dangerous acts committed in the air-craft or river boat under the flag or other marks of the Republic Tajikistan.
(4) If a crime is committed in the territory of the Republic Tajikistan by diplomatic representatives of foreign countries or other citizens who have immunity, the question of criminal liability is decided on the basis of norms of International law.
Article 15. Application of the Criminal Law in Regard to Persons who Committed Crimes outside the Republic of Tajikistan
(1) Citizens of the Republic Tajikistan and permanent residents without citizenship are liable to criminal responsibility for crimes committed outside the Republic Tajikistan in conformity with this Code in case if they were not punished under the court verdict of any other state.
(2) Foreign citizens and persons without citizenship not living constantly in the Republic Tajikistan are liable to criminal proceedings for crimes committed outside the Republic Tajikistan according to the present Code in the following cases :
a) if they committed a crime prescribed by norms of International law recognized by the Republic of Tajikistan or interstate treaties and agreements ;
b) if they committed a felony or an especially grievous crime against citizens of Tajikistan or interests of the Republic Tajikistan.
(3) These rules shall be applied if foreign citizens and persons without citizenship, who are not permanent residents, were not convicted in any other state.
GENERAL PART
Section I. Principal provisions of the criminal executive legislation of the Republic of Tajikistan
Chapter 1. General provisions
Article 5. Territorial application of the criminal executive legislation and its effect in time
2. The criminal executive legislation of the Republic of Tajikistan shall be applied throughout the whole territory of the Republic of Tajikistan.
1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.
1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.
2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.
3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.