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THE CRIMINAL PROCEDURAL CODE OF THE REPUBLIC OF TAJIKISTAN

(1961, as amended in 1968, 1983, 1985 and 1990 [see references below]

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Article 13. Openness of the court hearing

Court proceedings in all courts are open, except for instances of disclosure of state secret.

Court hearings may be conducted in a close session by the motivated ruling of court on criminal cases of minors under 16, on criminal cases concerning sexual violence, and other cases with the aim to prevent disclosure of intimate personal life aspects of those who participate in the case, and also in cases when it is required by interests to ensure safety of a victim, witness or other participant to the case, and also their family members or close relatives. (Law RT as 28.08.90)

Close court hearing shall be conducted with compliance to all court proceeding rules. (amended, Decree of Presidium of Supreme Council of RT as of 25 August 1983)

The court sentences in all cases are announced in public.

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Article 54. The Victim

A victim shall be a person, upon whom, irrespective of his age, psychological or physical state, a moral physical, property or damage was inflicted by the crime, as well as person, whose rights and interests are posed under direct threat of crime encroachment.

The decision on recognizing a person to be a victim shall be formalized by the resolution of the inquirer, investigator, and the court issues a ruling on establishment the fact of crime and inflicting damage by crime.

The citizen, recognized as victim from crime shall have the right to furnish evidence to case. The victim and his representative shall have the right to give evidence, file petition, take part in the investigative actions, performed at their petition; after the preliminary investigation is completed to get acquainted with all materials of the criminal case, or from the moment of its suspension; to participate in examination of evidence at court investigation; to take part in the judicial debates, file objections, to lodge complaints against the actions and decisions of the inquirer, investigator, prosecutor and the court and judge; to get acquainted with the protocol of the court session and to submit comments on it (Law of RT of 28.08.90.)

Article 55. The Civil Claimant

The civil claimant shall be citizen, enterprise, agency or organization, which was incurred a material damage from crime, and filed a claim for compensation of the property damage, according to the article 56 of this Code. The decision on recognizing a person to be the civil claimant shall be formalized by a court ruling or by the resolution of the inquirer, investigator, prosecutor and the judge. (amended, Decree of Presidium of Supreme Council of Tajik SSR as of 25 August 1983).

The civil claimant and his reprehensive shall have the right to furnish proofs, to file petitions, to take part in the judicial proceedings; to request inquiry body, investigator, court on taking measures to secure  filed by him claim; to support civil claim; to get acquainted after the end of the preliminary investigation with the criminal case materials, and for cases, for which no preliminary investigation was conducted, from the moment of bringing defendant to the court; to claim objections, to lodge complaints against the actions of the inquirer, investigator, prosecutor and of the court; and  to appeal against the sentence, the ruling and the resolution of the court in the part concerning the civil claim;

The civil claimant shall be obliged to submit the documents at his disposal connected with the claim by demand of court.

Article 56. The civil claim in criminal case

The person who was incurred a material damage from a crime, has the right at proceeding to file a civil claim to the accused or to the persons bearing a material liability for actions of the accused, which is considered by court jointly with criminal case and is solved by establishment of verdict.

Claimants for reimbursement of material damage, inflicted by crime shall be exempted from paying the state duty.( amended, Decree of Presidium of Supreme Council of Tajik SSR as of 4 December 1985).

A civil claim may be filed from the institution of the criminal proceedings and up to the beginning of court procedure. Refusal in claim, ordered in civil legal proceedings, deprives the claimant of the right of the repeated filing of the same claim on criminal case.

The prosecutor files or supports the filed by victim civil claim if it is required by the protection of state and public interests or rights of citizens (amended, Decree of Presidium of Supreme Council of Tajik SSR as of 25 August 1983).

If the civil claim was not filed, the court at deciding the verdict has the right to solve the problem by own initiative on compensation of the material damage caused by a crime.

The civil claim, filed on criminal case, is proved according to the rules established by this Code.

The person who has not filed the civil claim on criminal case, as well as the person, whose civil claim remained without consideration, has the right to bring it in the procedure of civil legal proceedings.

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Article 59.2 Obligation of bodies of inquiry, investigator, prosecutor and court to take measures to ensure safety of participants of process and other persons

At receiving sufficient information, that the victim, witness or other persons participating in case, their family members and close relatives are threatened by murder, use of violence, destruction or damage of property or other illegal actions, body of inquiry, investigator, prosecutor, the court shall be obliged to take measures stipulated by the law to protect life, health, honor, dignity, property of these persons, and also to establish guilt and bring them to criminal liability (Law of RT of 28.08.90)

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Article 62. Evidence

Evidence on criminal case is any actual information, based on which in the established by law procedure, body of inquiry, investigator and court establish presence or absence of socially dangerous act, guilt of the person who committed this act, and other circumstances important for the proper solution of the case (amended, Decree of Presidium of Supreme Council of Tajik SSR as of 25 August 1983).

This information is established by evidences of the witness, victim, suspected, accused, the expert’s opinion, material evidences, protocols of investigatory and judicial actions and other documents.

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Article 132. Recognition as a victim

Having established that the crime inflicted moral, physical and property damage to the citizen, the investigator by his own initiative or on the basis of claim of that person, issues resolution on recognizing him as a victim. The investigator informs the victim and his representative on recognizing him as a victim. At interrogation or appearance, the investigator explains the victim his rights stipulated by article 54 of this Code, and in case of a recognition of the victim by civil claimant as well, explains also the rights stipulated by article 55 of this Code. The mark will be made on this in the protocol of interrogation or in resolution on recognizing him as victim (amended, Decree of Presidium of Supreme Council of RT as of 25 August 1983)

Article 133. Recognition as a civil claimant

The investigator, having seen from case, that the committed crime inflicted damage to citizen, enterprise, agency, or organization, explains them or their representatives the right to file civil claim. The investigator shall comply with the protocol and make written notification. (amended, Decree of Presidium of Supreme Council of RT as of 25 August 1983)

In case of filing civil claim, the investigator shall issue motivated resolution on recognition as civil claimant or in refusing to recognize him.

The resolution on recognizing a person as civil claimant is communicated to civil claimant or his representative. When civil claimant or his representative appear, they are explained the rights stipulated by article 55 of this Code, on which the mark is made on resolution, and certified by signature of civil claimant or his representative. The resolution on refusal to recognize as the civil claimant is informed to the claimant under acknowledgement.

Article 134. Bringing to liability as civil defendant

Having established that parents, trustees, custodians and other persons or enterprises, organizations, agencies shall by law bear material responsibility for the damage, inflicted by criminal actions of the accused, the investigator makes justified resolution on brining the person, or organization, agency, enterprise to liability as civil defendant. .(amended, Decree of Presidium of Supreme Council of RT as of 25 August 1983)

The civil defendant or his representative shall be informed on the resolution. The civil defendant or his representative shall be explained on their rights, stipulated by article 57 of this Code, on which the mark is made on resolution, certified by civil defendant or his representative.

(amended, Decree of Presidium of Supreme Council of RT as of 25 August 1983)

Article 135. Compensation for material damage, inflicted by the crime, and execution of the verdict on confiscation of the property and seizure of transport means

At sufficient data on inflicted by crime material damage, the inquiry body, the prosecutor, the investigator shall take measures to secure the filed and potential civil claim in future.

At procedure of criminal case, which can be imposed punishment in the form of confiscation of property or seizure of transport means, the inquiry body, the investigator, the prosecutor shall take measures to prevent concealment of property or transport means of the accused.(amended, Decree of Presidium of Supreme Council of Tajik SSR as of 28 February 1983)

Article 136. Inadmissibility of disclosing Data on the Preliminary Investigation

Data of the preliminary investigation may be revealed only with the permission of the prosecutor, and the investigator, and only in that volume, in which they recognize this as admissible,

The investigator shall warn in required cases the witnesses, the victim, the civil claimant, the civil respondent, the defense attorney, the expert, the translator, the specialist and attesting witnesses, and other persons, participants in the criminal court proceedings on the inadmissibility of disclosing without the permission the data of the preliminary inquisition, on which the recognizance shall be taken from them with the warning about their responsibility, according to article 361 of the Criminal Code of RT .(amended, Decree of Presidium of Supreme Council of Tajik SSR as of 20 June 1968)

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