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Criminal Code of the Republic of Tajikistan.

Country/Territory
Tajikistan
Document type
Legislation
Date
1998
Source
FAO, FAOLEX
Subject
General
Keyword
Human rights Public health Protection of environment Prohibited crops Wild fauna Wild flora Hazards Radiation Transport/storage Data collection/reporting Access-to-information Offences/penalties Legal proceedings/administrative proceedings
Geographical area
Asia, Central Asia, CIS (Commonwealth of Independent States), Europe and Central Asia, Landlocked Developing Nations, North Asia
Entry into force notes
This Law enters into force on 1 September 1998.
Abstract

The objectives of Criminal Code shall be protection of human and civil rights and freedoms, public safety and public health, environment, public order and morality, property, protection of the constitutional order and security of the Republic of Tajikistan from criminal encroachments, ensuring peace and security of the population, education of citizens in the spirit of observing the Constitution and national laws, and also crime prevention. In order to implement the aforesaid tasks, Criminal Code establishes the basis and principles of criminal liability, determines which deeds are dangerous for the individual, society or state, and are recognized as crimes, and establishes the types of punishment and other measures of criminal legal character for their commission. Criminal Law is based on the principles of legality, equality before the law, inevitability of responsibility, personal responsibility, guilt, justice, humanism and democracy. Persons who have reached the age of fourteen by the time the crime was committed, are subject to criminal liability for: illegal cultivation of prohibited crops containing narcotic substances. Violation of labor legislation, knowingly unlawful dismissal of a person from work, failure to comply with a court decision on reinstatement for previous work, as well as other intentional material violation of the legislation of the Republic Tajikistan on labor, shall be punishable with a fine or imprisonment for up to three years (Article 153). Illegal possession, use, purchase, sale, storage, transportation, transfer or destruction of radioactive materials shall be punishable with imprisonment for a term of three to five years (Article 193). Theft of radioactive materials as well as the threat of their theft for the purpose of compelling a natural or legal person, state or international organization to take any action or refrain from it, shall be punishable with a fine or imprisonment for up to five years (Article 194). Illegal use of radioactive material, device or nuclear facility in such a way that release occurs or there is a danger of release of radioactive material, entailing the danger of death or serious harm to shall be punishable with human health, or causing significant damage to property or the environment, or illegal manufacturing of devices emitting radiation, shall be punishable with imprisonment for a term of five to ten years (Articles 194-1/194-3). Violation of environmental protection rules during design, placement, construction, commissioning or operation of industrial, agricultural, scientific sites by persons responsible for their observance, if this act entailed by negligence caused significant change in the radioactive background, death of one or more persons, mass diseases of human beings, total destruction of animals or other grave consequences, shall be punishable with imprisonment for a term of three to eight years (Article 220). Intentional concealment, distortion of information on environmental pollution, non-application of measures to eliminate consequences of environmental pollution, violation of safety regulations related to handling of hazardous substances harmful to the environment, microbiological or other biological agents or toxins, violation of veterinary rules and regulations, air and water pollution, damage to soil and subsoil, destruction of vegetation and damages to forests, poaching and destruction of habitats shall be punishable with imprisonment (Articles 221-236). Death penalty in the form of shooting death is established, inter alia, as an exceptional measure for biocide (Article 399), intended as application of nuclear, neutron, chemical, biological (bacteriological), climatic or other weapons of mass destruction in order to destroy people and the natural environment. Ecocide shall be intended mass destruction of flora or fauna, poisoning of the atmosphere or aquatic resources, as well as the commission of other actions capable of causing an ecological catastrophe, shall be punishable by imprisonment for a term of fifteen to twenty years (Article 400).

Full text
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