1) The representatives of the victim, civil plaintiff, and private prosecutor are recognized as close relatives or other individuals authorized by law to represent the legal interests of the victim, civil plaintiff, and private prosecutor in the criminal proceedings. These representatives must be permitted to participate in the case by the decision of the investigator, prosecutor, or court.

2) To protect the rights and legal interests of victims who are minors or who, due to their physical or psychological condition, are unable to protect their rights and legal interests on their own, their legal representatives are required to participate in the case.

3) Legal representatives and the representatives of the victim, civil plaintiff, and private prosecutor enjoy the same procedural rights as the individuals or legal entities they represent.

4) The personal participation of the victim, civil plaintiff, or private prosecutor in the case does not deprive them of the right to have a representative in the case.

1) When the fact of mental illness is established for a person who is held in custody as a preventive measure, upon the prosecutor's request and with the court's permission, the person is transferred to a specialized institution equipped for the detention of arrested individuals.

2) Permission for the placement of a person who is not in custody in a psychiatric institution is issued by the court.

CHAPTER No.14 - APPEALING THE ACTIONS (INACTION) AND DECISIONS OF THE INVESTIGATOR, PROSECUTOR, HEAD OF THE INVESTIGATIVE BODY, COURT, AND JUDGE IN CRIMINAL PROCEDURE

1) The administration of the detention facility is required to immediately forward complaints addressed to the criminal process authority from persons detained or held in custody.

2) The administration of the detention facility is required to immediately forward complaints from persons detained or held in custody regarding torture and other cruel, inhuman, or degrading treatment or punishment, as well as complaints about the actions and decisions of the investigator or interrogator, to the prosecutor or court within three days. Complaints regarding the actions and decisions of the prosecutor should be forwarded to a higher-level prosecutor or court. Other complaints must be forwarded to the person or authority handling the criminal case within the specified period after they are received by the detention facility administration.

1) The grounds for initiating a criminal case are sufficient data indicating the presence of elements of a crime as provided for in the Special Part of the Criminal Code of the Republic of Tajikistan.

2) The reasons for initiating a criminal case include:

- A statement about a crime;
- Voluntary confession;
- A report from an official of an enterprise, institution, or organization;
- Reports in mass media, including on the Internet;
- The direct discovery by an investigator, inquiry officer, or prosecutor of information indicating signs of a crime.

1) A crime report may be either oral or written.

2) A written report must be signed by the complainant.

3) An oral report is recorded in a protocol, which must be signed by both the complainant and the official of the inquiry body, investigator, or prosecutor who received the report.

4) The protocol must contain information about the complainant, their place of residence and employment, as well as details of their personal identification documents.

5) The complainant is warned about criminal liability for knowingly making a false report, and a corresponding note is made in the protocol, which is certified by the complainant’s signature.

6) An unsigned report, a report signed with a forged signature, or a report made on behalf of a fictitious person, letter, or any other anonymous message about a crime cannot serve as a basis for initiating a criminal case.

1) The inquiry body, investigator, and prosecutor are required to accept, register, and review any report or statement regarding a planned, ongoing, or committed crime.

2) The complainant must be issued a document confirming the registration of the submitted report or statement, indicating the name of the official who received it and the time of registration.

3) An unjustified refusal to accept a crime report or statement may be appealed to the prosecutor or in court in accordance with Articles 122, 123, and 124 of this Code.

4) Crime reports and statements submitted to the court must be forwarded to the prosecutor for a decision on whether to initiate a criminal case, and the complainant must be notified accordingly.

5) A decision on received crime reports and statements must be made within no more than three days from the date of receipt. If necessary, this period may be extended by the prosecutor to ten days to allow for additional explanations from the complainant, document collection, or crime scene examination.

6) Upon receiving a crime report or statement, or upon directly discovering a crime, the inquiry body, investigator, head of the investigative unit, or prosecutor must make one of the following decisions:

- To initiate a criminal case;
- To refuse to initiate a criminal case;
- To transfer the report or statement based on jurisdiction.

7) The decision made regarding the report or statement must be communicated to the person, enterprise, institution, organization, or official who submitted it, along with an explanation of their right to appeal the decision.

8) If a report or statement is forwarded based on jurisdiction, the inquiry body, investigator, or prosecutor must take measures to prevent or suppress the crime and to secure crime-related evidence.