The Framework of Criminal Law
Legislation on Bias-motivated Violence
| Bias-motivated Violent Crimes as Specific Offenses | Bias as an Express General Aggravating Factor | Bias as an Aggravating Factor in Specific Common Crimes |
| X | X |
Bias Types Covered by Provisions on Aggravating Circumstances
| Race/National Origin/Ethnicity | Religion | Sexual Orientation | Gender | Disability | Other |
| X | X |
Bias as an Express General Aggravating Factor
The Criminal Code of Tajikistan contains general provisions that expressly enable the racist or other bias motives of the offender to be taken into account by the courts as an aggravating circumstance when sentencing.
Article 62 of the Criminal Code is a general sentencing provision that identifies aggravating circumstances that give rise to more serious penalties, including under part (1)(f) “a motive of locality, national, racial, or religious hatred” in the commission of crimes. It does not set out the scope of these enhanced penalties.
Bias as an Aggravating Factor in Specific Common Crimes
Search Several other articles provide specific penalty enhancements for crimes committed with those same motives. Article 96 punishes murder with incarceration ranging from eight to fifteen years. Article 97(2)(k) defines murder “with a motive of locality, national, racial, or religious hatred” as punishable “by incarceration for fifteen to twenty years, with property confiscation, or by life imprisonment, or by the death penalty.”
Other provisions of the Criminal Code that could be applied to violent hate crimes include article 110 (Deliberate infliction of grievous bodily harm), article 111 (Deliberate infliction of moderate bodily harm) and article 117 (Torture). Higher penalties are established for each of these crimes when committed “with a motive of locality, national, racial, or religious hatred.”
The Criminal Code also provides in article 243 for more severe punishment for the desecration of cemeteries when motivated by ethnic, racist or religious animus.[1]
[1] Criminal Code of the Republic of Tajikistan, http://www.legislationline.org/legislations.php?jid=50<id=15.