Criminal law in Turkmenistan

The Criminal Code is the sole source of criminal liability in Turkmenistan. A person may be held criminally responsible only for conduct defined as an offence by law; authorities may not create liability through legal analogy. The current new edition was adopted on 17 April 2022 and took effect on 1 January 2023. The official legislation record notes an amendment dated 30 September 2023. The Criminal Procedure Code record includes amendments dated 12 April 2025 and 22 November 2025. Turkmen criminal law applies throughout the country and also covers conduct connected with internal waters, the territorial sea, airspace, the continental shelf, the exclusive economic zone and Turkmen vessels. Turkmen citizens are not extradited under the stated national rule. Foreign and stateless persons may be extradited where a treaty provides for it. An offence is a culpable socially dangerous act or omission that causes harm or creates a legally recognized threat. Offences are classified by maximum imprisonment: minor offences carry up to 2 years, medium offences up to 8 years, grave offences up to 15 years and especially grave offences up to 25 years. Preparation is punishable only for medium, grave and especially grave offences. The Code also regulates attempts, complicity and recidivism. Insanity can exclude criminal responsibility and may lead to compulsory medical measures; intoxication is not generally a defence. The usual pathway begins with a complaint or another basis for opening a criminal case. Initial inquiry, called дознание, or a preliminary investigation may follow. Criminal prosecution bodies include investigators of the Prosecutor's Office, the Ministry of Internal Affairs and national security bodies. The prosecutor supervises the legality of opening or refusing a case and may cancel an unlawful decision. Preliminary investigation is generally required, subject to limited exceptions. Investigators may not use violence, threats or other unlawful methods, and evidence obtained unlawfully or from an unknown source is inadmissible. Detention requires a statutory ground. The family or a close relative should be notified immediately, and the total detention period for a suspect may not exceed 72 hours. Questioning should begin immediately and otherwise take place within 24 hours after detention. A juvenile's parents or guardians should be notified immediately. Preventive measures include a travel restriction, personal or organizational surety, bail and custody. Custody normally requires a prosecutor's sanction for offences carrying a maximum sentence above 2 years; custody of a juvenile is intended to be exceptional. Bail is legally available, although its practical use has been reported as inconsistent. A suspect or accused person has the right to remain silent and cannot be forced to testify against close relatives. The prosecution carries the burden of proof, and a confession alone is insufficient. A lawyer must be available from questioning, the presentation of an accusation, or notification of detention or custody, and no later than 24 hours after detention. A lawyer is mandatory in juvenile cases, when disability affects the ability to defend oneself, during a psychiatric examination and when the accused requests one. Confidential meetings with counsel, evidence and motions, an interpreter, access to case materials and complaints or appeals are among the stated safeguards. Free legal aid is available where the law provides for it. Only a court may convict a person or impose a criminal penalty. Cases may be heard by the Supreme Court, velayat courts, Ashgabat and city courts, or etrap and city courts, depending on jurisdiction. Trials are generally public, but the court may close them for state secrets, intimate matters, juvenile cases or sexual offences. The state prosecutor is generally required to participate. An acquittal may result when no crime occurred, the conduct lacks the elements of an offence or the accused did not participate. Cassation is heard by three judges. Review periods include up to 15 days, with a possible exceptional 10-day extension, for velayat or city courts, and up to one month, with a possible exceptional one-month extension, for the Supreme Court. The law provides penalties including a fine, disqualification, loss of titles or awards, compulsory or corrective work, residence restrictions, confiscation, restriction of liberty, imprisonment and military sanctions. The offender may also have a duty to repair harm. Imprisonment normally ranges from 6 months to 15 years, with especially grave offences carrying up to 25 years. The death penalty has been abolished constitutionally. Amnesty, pardon and parole can affect enforcement. Parole generally requires actual service of at least one third of the sentence for minor or medium offences, one half for grave offences and two thirds for especially grave offences, with at least 6 months served. Conviction-expungement periods are generally 1, 2, 3 or 5 years depending on the severity of the offence. Criminal offences covered by the Code include offences against life, health, liberty, property, privacy, family and minors, as well as trafficking, drugs, state security, extremism, corruption, the environment, transport and military service. Human trafficking under Article 128 carries 4 to 10 years of imprisonment, with aggravated cases carrying 8 to 15 years. Torture by an official or a person acting in an official capacity under Article 201 carries 3 to 8 years, or 5 to 10 years in aggravated cases, with heavier consequences where death or serious harm results. Article 133 criminalizes male-male intercourse and provides penalties of up to 2 years, or 3 to 20 years in aggravated cases. Road offences include conduct involving rail, water, air and road transport. Negligent damage, injury or death, intoxication and leaving the scene can increase the consequences. Causing the deaths of two or more people while intoxicated or leaving the scene can carry 8 to 15 years. Drunk driving causing medium injury or small damage can carry 6 months of imprisonment, and a repeat offence within 2 years can carry up to 2 years. Voluntary full compensation for small damage can exclude liability in defined cases. A dedicated digital-offence chapter covers illegal access, coercion to transfer information, destruction or alteration of data, disruption of information systems or networks, unlawful appropriation, falsified information, malware, restricted electronic information, illegal-purpose internet resources, SIM or IMEI manipulation and breaches of technical drone rules. Consequences range from fines and corrective work to imprisonment of up to 10 years for grave offences or group conduct causing serious consequences. Criminal procedure recognizes victims through the investigator, prosecutor or court. Victims may receive information, present evidence, file motions, inspect the case file after the investigation, participate in proceedings, appoint a representative, seek compensation and appeal decisions. Close relatives may inherit procedural rights when the victim has died. A material civil claim may be filed and heard together with the criminal case. A separate law provides for state protection of victims, witnesses and other participants. Juveniles are persons aged 14 to under 18. General criminal responsibility begins at 16. From age 14, responsibility applies only to listed serious offences, including intentional killing, serious bodily harm, rape, theft, robbery, extortion, unlawful taking of a vehicle and specified weapons or narcotics offences. Juvenile sentencing considers development, living and educational conditions, health, schooling and adult influence. Available penalties include a fine, corrective work, restriction of liberty and imprisonment. Corrective work is limited to juveniles aged at least 16 who are fit for it. Imprisonment is capped at 1 year for minor, 5 years for medium, 9 years for grave and 12 years for especially grave offences. A first minor or medium offence does not result in imprisonment, and educational measures may be used. Imprisonment is carried out in correctional colonies, settlements, general, strict or special regime facilities, prisons, educational colonies and medical correctional facilities. The stated aims include correction, prevention and social adaptation. Work, education, vocational training and psychosocial support may form part of execution. Short visits may last up to 4 hours and long visits up to 3 days. The Ombudsman may visit prisons without special permission, and prisoner complaints are to be forwarded uncensored within 24 hours. Release support may include assistance with work and housing. The formal system provides broad procedural safeguards, while external reporting has documented allegations of arbitrary detention, torture or ill-treatment, harsh prison conditions, limited judicial independence, incommunicado detention and delayed or inconsistent access to counsel. Public nationwide data on criminal cases and prevalence are not reliably available. These implementation conditions can affect how a case develops in practice, even where the statutory rule is clear.