Criminal Procedural Code of the Republic of Tajikistan (1961, as amended 1990) (excerpts related to Judicial System) (English)

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 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 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)

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