A deadly brawl between groups of teenagers in Dushanbe’s Firdavsi district on November 9 resulted in the death of one minor and left another seriously injured. The suspect, N. Rahmatshozoda, is accused of stabbing the victims and has been arrested. He now faces charges under Article 104 of Tajikistan’s Criminal Code -- premeditated murder; an investigation is under way.

In cooperation with attorney Ughuloy Boboyeva, this article explains what legal consequences minors face in Tajikistan for crimes such as murder, bodily harm, and participation in group brawls.

Can a minor be charged under Article 104 (murder)?

Yes. Teenagers between the ages of 16 and 18 can be held criminally liable for serious and especially serious crimes. Although their age may be considered a mitigating factor due to developmental immaturity, it does not exempt them from punishment.

What is the penalty for murder?

Under Part 2 of Article 104 -- murder with aggravating circumstances, the general punishment is 15 to 25 years in prison. However, Article 87 of the Criminal Code limits the sentence for minors to a maximum of 10 years.

What about causing serious injury or taking part in a fight?

Article 110 (intentional infliction of serious bodily harm) carries a penalty of up to 15 years in prison. However, for first-time juvenile offenders, the law allows for non-custodial sentences.
For medium-severity offenses (such as Article 111 — intentional moderate bodily harm), imprisonment is rarely applied for minors.

Fighting may be classified as hooliganism

Under Article 237 (hooliganism), penalties depend on severity. Using a weapon, causing bodily harm, or acting in a group increases liability.

Maximum punishment for aggravated hooliganism is up to 7 years in prison. If a teenager used a knife, the case could be tried under Part 3 of the article.

What qualifies as group participation in a crime?

If two or more people commit a crime together after prior agreement, it is considered a group offense. Such crimes are treated more seriously, and group participation is classified as an aggravating circumstance.