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.

GENERAL PART

Section I. Principal provisions of the criminal executive legislation of the Republic of Tajikistan

Chapter 2. Legal status of convicted persons

Article 16. Basic rights of convicted persons

1. Convicted persons have the right to receive written information about their rights and responsibilities, the order and conditions of serving of a sentence imposed by court. Criminal executive institution or body shall provide convicted persons with the mentioned information and acquaint them with changes made to the order and conditions of serving of a sentence.

2. Convicted persons have the right to polite treatment by staff of the criminal executive institution or body. They shall not be subject to cruel or dignity degrading treatment. The application of coercive measures shall be based only on law.

3. Convicted persons have the right to apply with proposals, applications and complaints to the administration of the criminal executive institution or body, higher bodies, courts, offices of public prosecutor, other bodies of state government and local government, public associations, as well as to interstate bodies and international organizations for protection of human rights and freedoms.

4. Convicted persons have the right to give explanations and be in correspondence, make proposals, applications and complaints mentioned in part three of the present article in their native language or any other language they know, and in necessary cases they may use translation service. Convicted persons should receive a reply in the language of application, and if it is not possible to reply in the language of application, it shall be given in the state language of the Republic of Tajikistan. Translation of the reply into state language shall be provided by the institution or body in charge of execution of a sentence.

5. Convicted persons have the right to health protection including first medical-sanitary and specialized medical aid in out-patient and in-patient facilities depending on medical prescription as well as the right to material and social provision.

6. Convicted persons have the right to social maintenance, including pensions and social allowances, on general grounds in accordance with legislation of the Republic of Tajikistan.

7. In order to receive qualified legal aid, convicted persons may use services of attorneys and other persons having right to render such services.

8. Convicted persons have the right to have meetings with family members, relatives and receive food and other articles of prime necessity.

9. Convicted persons have the right to compensation of the damage caused to him while execution of a sentence according to order established by law.

10. The order of realization of convicted persons’ rights is determined by the present Code and other normative legal acts.

11. The realization of convicted persons’ rights shall not violate the internal regulations, as well as infringe upon other persons' rights and legal interests.

GENERAL PART

Section I. Principal provisions of the criminal executive legislation of the Republic of Tajikistan

Chapter 2. Legal status of convicted persons

Article 20. Right of convicted persons to personal security

1. Convicted persons have the right to personal security.

2. If there is a danger to life, health or a danger of committing any other personal crime against a convicted person by other persons, he is entitled to apply to any official of the institution in charge of execution of the penalties of liberty restraint, confinement, deprivation of liberty and detention in a disciplinary military unit with the request to provide security or transfer him to a safe place. In this case the official shall take immediate measures to provide personal security for the convicted person.

3. The chief of the institution upon application of the convicted person or on his own initiative shall make a decision to transfer the convicted person to a safe place or take other measures for prevention of a crime against convicted person, or he shall make a decision about a place of further punishment serving in accordance with order established by law.

4. Officials who did not take necessary measures for providing security of convicted persons shall be liable according to legislation of the Republic of Tajikistan.

GENERAL PART

Section I. Principal provisions of the criminal executive legislation of the Republic of Tajikistan

Chapter 2. Legal status of convicted persons

Article 21. Ensuring freedom of conscience and religion of convicted persons

1. Convicted persons shall be guaranteed freedom of conscience and religion. Each convicted person has a right to determine independently his attitude to religion, practice any religion separately or jointly with other people or practice no religion, participate in performing religious cults, rituals and ceremonies, freely choose and have religious or atheistic convictions and act according to them.

2. If requested, persons serving their penalty of limitation of liberty may be permitted to visit institutions of religion within the administrative territory where a correctional center is situated.

3. If requested, ministers of the religious institutions registered in established order may be invited for persons who serve their penalties of confinement or deprivation of liberty (except for convicted persons, who are kept in isolation wards, punitive and disciplinary isolators, cell-types room and solitary confinement cells). Convicted persons are allowed to perform religious ceremonies and use cult objects and religious literature in the institutions in charge of execution of a sentence according to order established by legislation of the Republic of Tajikistan. Administration shall provide appropriate place for those purposes.

4. If requested, before execution of a sentence seriously sick convicted persons and persons sentenced to death penalty shall be given a chance to perform necessary religious ceremonies with invitation of ministers of religion.

5. Performance of any religious ceremonies shall not violate the internal regulations and infringe rights of other convicted persons serving their punishment.

SPECIAL PART

Section V. Execution of the penalty of deprivation of liberty

Chapter 9. General provisions on execution of the penalty of deprivation of liberty

Article 70. Places of executing the penalty of deprivation of liberty
Persons sentenced to deprivation of liberty serve their punishment in correctional institutions.

Article 71. Types of correctional institutions

1. Correctional institutions include correctional colonies, educational colonies, prisons, and medical correctional institutions. Remand prisons function as correctional institutions in regard to convicts left to do household activities.

2. Adults sentenced to deprivation of liberty serve their punishment in correctional colonies and prisons. Correctional colonies are divided into colonies-settlements, colonies of general regime, intensive regime, strict regime and colonies of special regime.

3. Convicted persons mentioned in the first and fourth parts of Article 24 of the present Code shall serve their punishment in the medical correctional institutions.

4. Minors sentenced to deprivation of liberty, as well as the convicts left in educational colony until they reach the age of 20, shall serve their punishment in the educational colony.

Article 72. Determination of the correctional institution type for persons sentenced to deprivation of liberty

In accordance with the Article 58 of the Criminal Code of the Republic Tajikistan a court defines the type of correctional institution with appropriate regime, where a person sentenced to deprivation of liberty shall serve his punishment.

Article 73. Sending a person sentenced to deprivation of liberty to punishment serving

1. Persons sentenced to deprivation of liberty shall be sent to serve their punishment not later than within ten days since the administration of the remand prison received a notification that the punishment entered into its legal force. During this period a convicted person has a right to have a short-term meeting with close relatives or other persons.

2. The Ministry of Internal Affairs of the Republic of Tajikistan in accordance with the present Code defines the order of sending convicts to correctional institutions.

3. A personal file shall be created on every person sentenced to deprivation of liberty.

SPECIAL PART

Section V. Execution of the penalty of deprivation of liberty

Chapter 9. General provisions on execution of the penalty of deprivation of liberty

Article 76. Leaving persons sentenced to deprivation of liberty to do household activities in the remand prison or a prison

1. Persons sentenced to deprivation of liberty and imposed upon to penalty serving in the correctional colony of general regime, and in exceptional cases persons convicted to deprivation of liberty for the first time and for the term not exceeding seven years and imposed upon to penalty serving in correctional colony of intensive regime are allowed with their consent to stay in the prison or in the remand prison for doing household activities.

2. Convicted persons may be left to do this kind of work on the ground of the order issued by the chief of the remand prison or a prison on the basis of the written consent of the convict.

3. Convicted persons, left in the remand prison or a prison to do household activities shall be kept in the ordinary room separately from other persons and under conditions specified in the present Code for correctional colonies of general regime.

SPECIAL PART

Section V. Execution of the penalty of deprivation of liberty

Chapter 10. Regime in correctional institutions and its maintenance

Article 88. Conditions of punishment serving by persons sentenced to deprivation of liberty

1. In one correctional institution convicted persons may have different conditions of punishment serving depending on their conduct and attitude to labor. Convicted persons may serve the punishment in ordinary or privileged conditions that are specified according to the type of a correctional institution.

2. Change of the punishment serving conditions simultaneously provides for privileged conditions of detention that are specified in the articles 128,130, 132, 134, 140, and 141 of the present Code, as well as revocation of all privileged conditions of detention in cases specified in the article 120 of the present Code.

3. Commission of the correctional institution shall decide if a convicted person shall be transferred from one kind of conditions to another. Commission of the correctional institution shall also decide if a convicted person shall be transferred from a prison with general regime to prison with strict regime and from strict regime to general.

4. In case if convicted person is not agree with the revocation of the privileged conditions of detention or with transfer to prison with strict regime he is allowed to appeal commission's decision on transfer in the order specified by law.