Information on procedures for the implementation of
international cooperation in criminal matters
In accordance with articles 542-553 of the Turkmenistan Code of Criminal Procedure (adopted, 18 April
2009; entered into force, 1 July 2009).
Within the framework of providing legal assistance to the investigative authorities and the courts of
foreign States with which Turkmenistan has concluded international or bilateral legal cooperation
agreements, procedural action may be taken under the Turkmenistan Code of Criminal Procedure, as may
other actions provided for by other acts of and international treaties concluded by Turkmenistan.
The costs of legal assistance shall be borne by the requested body in the territory of the State concerned,
unless otherwise stipulated by international treaties concluded by Turkmenistan.
Procedural documents drawn up in the territory of States in line with the existing legislation of those
States and bearing an official stamp shall be accepted as valid procedural documents without any
reservation, unless otherwise stipulated by international treaties concluded by Turkmenistan.
Requests for assistance with conducting investigations shall be transmitted to the States concerned by the
General Prosecutor’s Office of Turkmenistan, or in the case of judicial assistance by the Supreme Court of
Turkmenistan, through the Ministry of Justice of Turkmenistan.
Such requests shall be drafted either in the language of the requested foreign State or in English, unless
otherwise stipulated by international treaties concluded by Turkmenistan.
Requests for legal assistance with executing procedural and other actions in the territory of the other State
shall be made in writing on the appropriate form by persons conducting initial inquiries, investigators,
prosecutors or judges; such requests shall be signed and certified with the official stamp of the authority
conducting the criminal case.
Requests to conduct investigative and judicial proceedings must contain:
1.
The name of the requesting authority;
2.
The name and address of the requested authority;
3.
The title of the case and the nature of the request;
4.
Details of the persons to whom the request relates: their date and place of birth, their
nationality, occupation, place of residence or abode and, in the case of legal entities, their name
and location;
5.
A description of the circumstances to be clarified and a list of the requested documents and
material or other evidence;
6.
Information about the factual circumstances and the classification of the offence committed, the
text of the relevant article of the Turkmenistan Criminal Code and, where appropriate, details
about the level of harm caused by the offence;
7.
Any other information required to execute the request.
Authorities conducting initial inquiries, investigators, prosecutors and judges shall execute properly
transmitted requests from authorities and officials of foreign States to open investigative or judicial
proceedings in accordance with the Turkmenistan Code of Criminal Procedure.
On the petition of the requesting State and where provided for by an international treaty concluded
between Turkmenistan and that State, the procedural rules of that State may be applied when executing
the request. In such circumstances, documents may be drawn up in the official language of Turkmenistan
and, if necessary, in English, Russian or a language provided for by an international treaty.
V.15-01286 (E)
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Where provided for by an international treaty, a representative of the competent authority of the State
concerned may be present during execution of the request.
If the execution of a request does not fall within the competence of the requested authority, the request
shall be returned as appropriate and the requesting organization shall be notified thereof.
If the request cannot be executed, the documents received shall be returned, together with an explanation
as to why the request could not be executed, either through the receiving authority or through diplomatic
channels to the requesting authority of the foreign State. Requests shall be returned without being
executed in cases where they contravene Turkmen law or where executing the request might prejudice the
sovereignty, national independence, policies and principles of permanent neutrality or security of
Turkmenistan.
In cases where a crime has been committed in the territory of Turkmenistan by a foreign national who has
subsequently left the country, the criminal case shall be referred to the competent authority of the State of
which that foreign national is a citizen.
The preliminary investigation and the trial of a Turkmen national who has committed a crime in the
territory of a foreign State and has subsequently returned to Turkmenistan shall be conducted in
accordance with the Turkmenistan Code of Criminal Procedure.
If, within their official remit, bodies or officials with the relevant authority receive evidence obtained in
the course of an investigation in the territory of a foreign State, upon continuation of that investigation in
Turkmenistan that evidence shall have a legal force equal to that of other evidence in the case.
In cases where a Turkmen citizen commits a crime in a foreign State and returns to Turkmenistan before a
criminal case has been launched, the preliminary investigation authorities may bring a criminal case
against that citizen under the Turkmenistan Code of Criminal Procedure, based on material and
documents about the crime provided by the relevant authority of the foreign State.
The authority conducting the criminal proceedings must notify the General Prosecutor’s Office of
Turkmenistan of the final decision in the case and must send it a copy of that decision.
Subject to applicable Turkmen legislation and international treaties concluded by Turkmenistan, the
General Prosecutor’s Office may apply to the competent authority of a foreign State for the extradition to
Turkmenistan of a person who has committed a crime, where that person is either a Turkmen national or
is not a national of the requested State, provided that either an order to institute criminal proceedings or a
conviction has been issued in relation to that person.
The extradition request must contain:
1.
The name and address of the requesting authority;
2.
The surname, first name and other names of the person sought, their date and place of birth,
their nationality, place of permanent or temporary residence, other personal details, their
physical description, photo and other materials that would help to identify the individual;
3.
A description of the factual circumstances and the legal classification of the offence committed
by the person sought, including details about the level of harm caused by that person,
accompanied by the legal regulations that establish criminal liability for that act and obligatory
information about the punishment it could attract;
4.
Information about the place and time of sentences handed down that have already entered into
force, or orders to institute criminal proceedings accompanied by certified copies of the
relevant documents.
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The request for extradition for the purpose of criminal prosecution must be accompanied by a certified
copy of the order to impose a preventive measure in the form of remand in custody. An application for
extradition for the purpose of enforcing a judgement must be accompanied by a certified copy of the
judgement that has entered into force and an official document specifying the period of punishment that
has not yet been served. In addition, such requests must be accompanied by a document certifying the
nationality of the person sought.
Without the consent of the State who handed over the person subject to extradition, that person cannot be
prosecuted for a criminal offence, subjected to punishment or handed over to a third State in relation to an
offence not associated with the extradition.
Those rules shall not apply in cases where a person commits a crime after being extradited.
The General Prosecutor’s Office of Turkmenistan shall consider requests for the extradition of foreign
nationals who have been accused of committing a crime or who have been convicted in the territory of
Turkmenistan.
The conditions and procedure for such extradition are determined by the Turkmenistan Code of Criminal
Procedure and international treaties concluded between Turkmenistan and relevant foreign States.
In the event that a foreign national whose extradition has been requested is serving a sentence for another
offence committed in the territory of Turkmenistan, extradition may be postponed until the sentence has
been served, an act of amnesty or clemency has been issued or the person has been released for any legal
reason. In the event that a foreign national is under prosecution, extradition may be postponed until the
judgement is delivered or the sentence served, or if the said person has been discharged unconditionally or
exempted from punishment for whatever reason. If the postponement of extradition may result in expiry
of the statute of limitations period, or be prejudicial to the investigation of the crime, the person sought
may be temporarily extradited by mutual consent.
A temporarily extradited person must be returned after completion of the necessary procedural steps of
the criminal case in which they are involved, but this must be no later than three months after the day of
the extradition. By mutual agreement, this period may be extended but must not exceed the term of
punishment to which the person has been sentenced, or exceed the term of punishment which may be
imposed by law for the same offence in the territory of Turkmenistan.
Within thirty days of receiving the extradition order from the General Prosecutor’s Office of
Turkmenistan, the establishment where the person is detained must transport and hand over the person
sought to the appropriate authority of the State to which the person is being transferred and must also
inform the General Prosecutor’s Office of Turkmenistan that the order has been executed.
Extradition to another State shall not be carried out or shall be refused if:
1.
The person sought is a citizen of Turkmenistan;
2.
The person sought has been granted refugee status by Turkmenistan;
3.
Turkmen law does not define as an offence the act on which the extradition request is based;
4.
The person concerned has already been convicted of the same offence in an enforceable court
sentence, or the case has been dismissed;
5.
A case cannot be instituted or a sentence enforced under Turkmen law because of expiry of the
statute of limitations period or for other legal reasons.
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Extradition may be refused if the offence on which the request for extradition is based was committed in
the territory of Turkmenistan or outside its borders but was intended to harm the interests of
Turkmenistan.
Multilateral and bilateral treaties constitute the legal basis for the provision and lodging of requests for
mutual legal assistance. Turkmenistan is a party to the Commonwealth of Independent States (CIS)
Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters (22 January
1993). Turkmenistan has concluded bilateral treaties with: Georgia on the mutual provision of legal
assistance in civil and criminal matters (1996); the Republic of Uzbekistan on legal assistance and legal
relations in civil, family and criminal matters (1996); the Republic of Armenia on legal assistance and
legal relations in civil, family and criminal matters (2000); the Islamic Republic of Iran on mutual legal
assistance in criminal matters (2003); and the Republic of Turkey on legal assistance in civil and criminal
matters (2012).
General Prosecutor’s Office of Turkmenistan