1) No one may be detained or taken into custody without legal grounds.

1) No one may be detained or taken into custody without legal grounds.

2) Arrest, forced detention in a medical or educational institution is permitted only by a court decision or a judge's ruling.

3) A person subjected to preventive detention or arrested as a suspect in a crime must be held in conditions that ensure their safety and health.

4) A person who has been arrested has the right to appeal.

5) The court, judge, prosecutor, investigator, and inquiry officer are obligated, within their authority, to immediately release any person who has been unlawfully detained, deprived of liberty, or unlawfully held in medical or psychiatric institutions, under arrest, or under house arrest beyond the period established by this Code.

6) A court ruling or judge's decision to release a person from custody is subject to immediate execution.

1) From the moment of actual detention, every individual has the right to use the services of a defense attorney.

2) A detained person, suspect, accused, defendant, and convict may exercise their rights in the manner established by this Code to defend themselves against charges personally, as well as through a defense attorney or their legal representative.

3) The court, judge, prosecutor, investigator, and inquiry officer are obligated to explain to the suspect, accused, defendant, and convict their rights, ensure their ability to defend themselves by legal means and methods, and safeguard their personal and property rights.

4) The right to defense is also guaranteed to a person subject to criminal proceedings regarding the application of compulsory medical measures.

5) In cases provided by law, officials responsible for criminal proceedings must ensure the participation of a defense attorney for the suspect, accused, defendant, and convict.

1) Participants in the proceedings, citizens, and representatives of enterprises, institutions, and organizations with an interest in the criminal case have the right, in the manner and within the time limits established by this Code, to appeal the actions (or inaction) of responsible officials or the decision of the court, judge, prosecutor, head of the investigative department, investigator, head of the inquiry department, or inquiry officer.

2) A convicted or acquitted person has the right to request a review of the verdict by a higher court in accordance with the procedure established by this Code.

1) Preventive measures are coercive actions applied to a suspect, accused, or defendant to prevent them from committing a crime or obstructing criminal proceedings, as well as to ensure the execution of a court sentence.

2) The preventive measures include:

- A written undertaking not to leave the place of residence;
- Personal surety;
- Placing a military service member under the supervision of their unit’s command;
- Placing a minor under supervision;
- Bail;
- House arrest;
- Detention in custody.

1) When applying a preventive measure to a minor, the possibility of choosing a measure provided for in Article 108 of this Code must be considered in each case.

2) Detention as a preventive measure, as well as arrest, may be applied to a minor only in exceptional cases when committing a serious or especially serious crime, and only if the grounds specified in Articles 92, 93, 101, and 111 of this Code are present.

3) The period of detention of a minor as a preventive measure during the preliminary investigation, in accordance with the procedure established by Article 112 of this Code, may be extended for up to six months.

4) The parents or other legal representatives of the minor must be informed of their arrest, detention, or any extension of the detention period.

1) The placement of a minor under the supervision of parents, other relatives, guardians, trustees, or other trustworthy individuals, as well as representatives of a special children's institution, involves the acceptance of a written obligation by one of the mentioned individuals, ensuring that the minor suspect, accused, or defendant, while at liberty, will not evade the authorities or court, will not obstruct the investigation or court proceedings, and will not engage in criminal activity.

2) The placement of a minor under the supervision of the persons listed in part 1 of this article is possible only upon their written request. They must be informed of the nature of the crime and their responsibility in case of failure to fulfill their obligations regarding the supervision.

3) If the persons under whose supervision the minor suspect, accused, or defendant was placed fail to fulfill their obligations, they will be held accountable in accordance with the legislation of the Republic of Tajikistan.

1) A person may be considered a suspect in committing a crime if they are detained by the law enforcement authority operating within its competence under one of the following conditions:
- When a crime is committed or immediately after its commission;
- If witnesses to the incident, including the victim of the crime, directly identify the person as having committed the crime specified by the criminal law and apprehend them in accordance with the procedure outlined in Article 94 of this Code;

- If obvious traces indicating the person's involvement in the crime are found on their body, clothing, or objects they possess, in their home, at their workplace, or in their vehicle;

- If there are other sufficient grounds to suspect the person of committing a crime, provided that they attempted to flee the crime scene or evade law enforcement, do not have a permanent residence, live in another area, or their identity is not established.

2) Detention of a person based on the grounds provided in part 1 of this article may take place before a criminal case is initiated. The question of initiating a criminal case must be decided by the law enforcement authority within 12 hours from the moment of detention. If a decision is made not to initiate a criminal case or if no decision is made within the specified period, the detained person must be released.

3) Detention of a person based on the grounds specified in part 1 of this article cannot exceed 72 hours, and for a minor, it cannot exceed 48 hours from the moment of detention. After this period, the detainee must be released from custody, or another preventive measure provided by this Code must be applied to them, except for those provided in part 5 of Article 111 of this Code. The detention period is counted from the moment of actual detention.

1) In case of non-appearance without valid reasons, the suspect, accused, defendant, as well as the witness and the victim, may be brought in by the law enforcement authorities based on a reasoned decision by the investigator, prosecutor, judge, or by a court ruling. Valid reasons for non-appearance are those specified in part 2 of Article 224 of this Code. The suspect, accused, defendant, as well as the witness and the victim must notify the authority that summoned them about any valid reasons preventing their appearance at the scheduled time.

2) The decision (ruling) to bring in a person must be announced to the suspect, accused, defendant, as well as the witness and victim before its execution, which is confirmed by their signature on the decision.

3) Bringing in a person by force cannot take place at night, except in cases that require urgent action.

4) Minors under the age of 14, pregnant women, and individuals who are ill and unable or should not leave their place of residence due to their health condition, as confirmed by a doctor working in a public medical institution, are not subject to being brought in by force.

In cases involving crimes committed by minors, their legal representatives are required to participate in the proceedings in accordance with the procedures outlined in this Code.