CHAPTER TWO
RIGHTS, LIBERTIES, BASIC DUTIES OF INDIVIDUALS AND CITIZENS
Article 18.
No one shall be deprived of life except by order of the court for especially grave crimes.
GENERAL PART
SECTION III. Sentence
CHAPTER 9. Concept, Purposes and Types of Sentences
Article 59. Capital Punishment
(1) Capital punishment (by shooting) is imposed for aggressive war (Article 395, p. II), genocide (Article 398), biocide (Article 399), homicide (Article 104, p. II), rape (Article 138, p. III), terrorism ( Article 179, p. IV), illegal trafficking of narcotics (Article 200, p. III), illegal cultivation of plants containing narcotic substances (Article 204), forcible seizure of power or forcible keeping of power (Article 306), encroachment on life of a statesman of the Republic Tajikistan (Article 310), intentional violation of norms of the international humanitarian law committed in the course of an armed conflict (Article 403, p.II).
(2) Minors under the age of 18 and women who have committed crimes are not subject to capital punishment.
(3) In case of a pardon death penalty may be changed to deprivation of freedom for a period of 25 years.
GENERAL PART
SECTION XV. CRIME AGAINST THE PEACE AND SAFETY OF MANKIND
CHAPTER 34 Crime Against the Peace and Safety of Mankind
Article 395. Aggressive War
(2) Unleashing or conducting an aggressive war is punishable by imprisonment for 15 to 20 years with the simultaneous confiscation of property or death penalty.
GENERAL PART
SECTION XV. CRIME AGAINST THE PEACE AND SAFETY OF MANKIND
CHAPTER 34 Crime Against the Peace and Safety of Mankind
Article 398. Genocide
Actions committed with the intent of full or partial destruction of a national, ethnic, racial, or religious group by full or partial physical extermination, violent diminishing of child - bearing or transfer of children from one of these human groups to another, causing grave injury to their health, as well as creation of living conditions leading to physical liquidation of members of the group are punishable by imprisonment for a period of 15 to 20 years or death penalty.
GENERAL PART
SECTION XV. CRIME AGAINST THE PEACE AND SAFETY OF MANKIND
CHAPTER 34 Crime Against the Peace and Safety of Mankind
Article 399. Biocide
Using of nuclear, neutron, chemical, biological (bacteriological), climatic or other kind of mass destruction weapons with the intent of destruction of people and environment is punishable by imprisonment for a period of 15 to 20 years, or death penalty.
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.