Criminal Code of the Republic of Tajikistan (1998, as amended 2012) (excerpts related to Hate Crime Laws) (English)

The Criminal Code of the Republic of Tajikistan of 21 May 1998, № 574 with the amendments and supplements and as amended by the Law № 844 of 3 July 2012.

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Article 62. Aggravating circumstances
1) Aggravating circumstance are recognized as:
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e) committing a crime motivated by residence-related, national, racial or religious hatred, religious fanaticism, revenge for the lawful actions of others, as well as to conceal another crime or facilitating its commission;
(law of 17.05.04 N35)

Article 104. Murder
1) Murder, i.e. intentional deprivation of life of another person, is punishable by imprisonment for a period of eight to fifteen years
2) Murder:
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m) on the grounds of national, racial, religious, residence-related hatred or hostility as well as vengeance;
shall be punished by imprisonment for a term of fifteen to twenty-five years with confiscation of property or the death penalty or life sentence accompanied by the confiscation of property.
(law of 17.05.04 N35; law of 15.07.04 N46; law of 01.03.05 N86; law of 31.12.08 N451)

Article 110. Intentional infliction of grievous bodily harm
1) Intentional infliction of grievous bodily harm which is life-threatening or which has lead to the loss of sight, speech, hearing or any body organ or inability of an organ to function, or results in an irremediable damage to the face, as well as other injury to the health which is life-threatening or caused a health disorder along with a permanent loss of not less than one third of the person’s the capacity to work or the full loss of the professional capacity to work with the knowledge of the guilty person, or caused the miscarriage, mental illness, sickness of drug addiction or toxicomania shall be punishable by the imprisonment for a period of 5 to 8 years.
2) The same acts if committed:
…
m) on the grounds of national, racial, religious, residence-related hatred or hostility, as well as vengeance,
shall be punishable by imprisonment for a period of 8 to 12 years with or without the simultaneous confiscation of property. (law of 17.05.04 N35)

Article 111. Intentional bodily injury of medium gravity
1) Intentional bodily injury which is not life-threatening and does not result in consequences provided for in Article 110 of this Code, but causes continuing health problems or major physical disability with the loss of less than one third of the capacity to work, shall be punishable by up to two years of corrective works or up to two years of imprisonment.
2) The same action, if committed:
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e) on the grounds of national, racial, religious, residence-related hatred or hostility, as well as vengeance
…
is punishable by imprisonment for a period up to five years
(amendment of Law of 17.05.2004 N35).

Article 117. Torture
1) Causing physical or mental sufferings by systematic assault or other forcible means if it does not lead to the consequences specified in Articles 110 and 111 of the present Code, is punishable by up to three years of imprisonment.
2) The same actions, if committed:
…
h) on the grounds of national, racial, religious, residence-related hatred or hostility as well as vengeance, is punishable by imprisonment for a period of three to seven years.

Article 189. Incitement to national, racial, residence-related or religious hostility
1) Actions which aim at incitement of national, racial, residence-related or religious hostility, humiliating national dignity, as well as propaganda of the exclusion of citizens on the grounds of their relation to religion, national, racial, or, if these actions were committed in public through mass media, shall be punishable by up to five years of restriction of liberty or imprisonment for the same period.
2) The same actions, if committed:
a) repeatedly;
b) with the use of violence or a threat of the use thereof;
c) by abuse of an official position;
d) by a or group of individuals acting in conspiracy,
- shall be punishable by imprisonment for a period of five to ten years and may be accompanied by the deprivation of the right to hold certain positions or to be involved in a certain activity for up to five years.
3) …


Article 243. Desecration of corpses and burial places
1) Desecration of corpses, or destruction, damage or desecration of places of burial, gravestones and cemetery buildings that are used for ceremonies of either burial or commemoration shall be punished by a fine of three hundred to five of calculation indices or restraint of liberty for up to three years, or imprisonment for up to six months.
2) The same acts committed:
…
b) on the grounds of national, racial, residence-related or religious hostility or hatred
…
shall be punishable by imprisonment for a period of two to five years.