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Criminal Code

1998, as amended by Law No. 33 of 1 August 2003 and Law No. 35 of 17 May 2004

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Article 130-prima: Trafficking in Human Beings

1. Trafficking in human beings - purchasing or selling of a person either with his/her consent or not, by fraud, recruiting, concealment, transfer, transportation, kidnapping, swindle, misuse of vulnerable status, bribery in order to obtain consent of a person in control of other person as well as other forms of coercion with the purpose of further trafficking, engaging in sexual or criminal activity, use in armed conflicts, pornographic business, forced labor, slavery or customs similar to slavery, debt bondage or adopting for commercial purposes

- shall be punishable by deprivation of liberty for the term of 5-8 years with property confiscation.

2. The same act committed:

a) repeatedly

b) by a group of persons with prior agreement;

c) against 2 or more persons;

d) with use of violence or threat thereof;

e) with the object of withdrawing organs or tissues for transplantation;

f) by official or representative of authorities with the use of office, or by other person with managerial functions in a commercial or organisation;

g) with taking the victim of trafficking abroad

- shall be punishable by deprivation of liberty for the term of 8-12 years with property confiscation

3. The same act, if it:

a) caused the death of the victim of trafficking or other grave consequences;

b) is committed by an organised group;

c) is committed as a special dangerous repeated offence

- shall be punishable by deprivation of liberty for the term of 12-15 years with property confiscation

[Note: A person, who committed an act under item 1 and two of this article and who voluntarily reported the crime to the corresponding bodies and relieved the victim of the trafficking, shall be exempt from criminal liability providing that his/her act does not contain other corpus delicti.]

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Article 167: Trafficking in Minors

1. Trafficking in minors - a sale or buying of a certainly minor in any form

- shall be punishable by deprivation of liberty for a term of 5 to 8 years with property confiscation.

2. The same act committed:

a) repeatedly

b) by a group of persons with prior agreement;

c) against 2 or more persons;

d) with use of violence or threat thereof;

e) with the object of withdrawing organs or tissues for transplantation;

f) by official or representative of authorities with the use of office, or by other person with managerial functions in a commercial or organisation;

g) with taking the victim of trafficking abroad

- shall be punishable by deprivation of liberty for the term of 8-12 years with property confiscation

3. The same act, if it :

a) caused the  death of the victim of trafficking or other grave consequences;

b) is committed by an organised group;

c) is committed as a special dangerous repeated offence, -

- shall be punishable by deprivation of liberty for the term of 12-15 years with property confiscation

[Note: A person, who committed an act under item 1 and two of this article and who voluntarily reported the crime to the corresponding bodies and relieved the victim of the trafficking, shall be exempt from criminal liability providing that his/her act does not contain other corpus delicti.]

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Article 339: Damage or Theft of Documents, Stamps and Seals

1. Theft of a citizen's passport or another important personal document,

- shall be punishable by compulsory labour for a term of 80 to 120 hours or a fine in the amount of up to 200 times the minimum monthly wage, or correctional labour for up to 1 year.

[as amended by Law No. 35 of 17 May 2004]

2. Theft, destruction, damage or concealment of official documents, stamps or seals committed for mercenary or other personal motives,

- shall be punishable by a fine in the amount of 200 to 500 times the monthly minimum wage, or correctional labour for up to 2 years, or by  up to 1 year of deprivation of liberty.

(3) The same acts as envisaged by item 1 and 2 of this article, committed with the object of trafficking in human beings

- shall be punishable by deprivation of liberty for a term of 2 to 5 years

[as amended by Law No. 33 of 1 August 2003]

Article 340: Forgery, Making or Sale of Faked Documents, State Awards, Stamps, Seals and Blank Forms

1. Forgery of an official document, which grants a right or releases someone from responsibilities, committed with an intent to use it by  the forger himself or any other person or sale of such a document as well as counterfeiting of stamps, seals, blank forms, state awards of the Republic Tajikistan , Taj. SSR, USSR, committed with the same intent,

- shall be punishable by a fine in the amount of up to 500 minimum wages or correctional labour for a term up to 2 years, or deprivation of liberty for the same term years

[as amended by Law No. 35 of 17 May 2004]

2. The same acts, committed:

a) repeatedly;

b) by a group of persons in an intentional conspiracy

c) using a computer,

- shall be punishable by confinement for a term of up to 5 years or deprivation of liberty for a term of 2 to 5 years

[as amended by Law No. 35 of 17 May 2004]

3. The same acts as envisaged by item 1 and 2 of this article, committed for purposes of trafficking in human beings

- shall be punishable by deprivation of liberty for a term of 5 to 7 years

[as amended by Law No. 33 of 1 August 2003]

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