Mongolia - Revision history

IBJadmin at 14:33, 2 March 2015

2015-03-02T14:33:15Z

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	==Emergency Law==		==Emergency Law==
	Under Article 19 of the Constitution of Mongolia, in case of announcement of a state of emergency or martial law, human rights and freedoms as determined by the Constitution and other laws shall be subject to limitation only by law. The declaration of state of emergency or martial law shall not affect the right to life, the freedom of thought, conscience and religion, as well as the right not to be subjected to torture, inhuman and cruel treatment.		Under Article 19 of the Constitution of Mongolia, in case of announcement of a state of emergency or martial law, human rights and freedoms as determined by the Constitution and other laws shall be subject to limitation only by law. The declaration of state of emergency or martial law shall not affect the right to life, the freedom of thought, conscience and religion, as well as the right not to be subjected to torture, inhuman and cruel treatment.


			==References==

			<references/>



			-----
			See [[Criminal Justice Systems Around the World]]

IBJadmin at 14:31, 2 March 2015

2015-03-02T14:31:37Z

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	The right is guarantee by Article 16 of the Constitution of Mongolia.		The right is guarantee by Article 16 of the Constitution of Mongolia.

	'''Right to non self-~~discrimination~~'''		'''Right to non self-incrimination'''

	Article 16 of the Constitution of Mongolia prohibits coercing someone to testify against himself/herself. Article 16 of the Criminal Procedure Law of Mongolia further details the right by prohibiting the inquiry officer, investigator, prosecutor or the court from demanding the suspect, accused or defendant to testify against themselves or from using pressure or force in order to retrieve testimony.		Article 16 of the Constitution of Mongolia prohibits coercing someone to testify against himself/herself. Article 16 of the Criminal Procedure Law of Mongolia further details the right by prohibiting the inquiry officer, investigator, prosecutor or the court from demanding the suspect, accused or defendant to testify against themselves or from using pressure or force in order to retrieve testimony.

IBJadmin: /* Right to counsel */

2015-03-02T12:56:54Z

Right to counsel

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	Article 144.6 of the Criminal Procedure Law of Mongolia prohibits the use of leading or urging questions to a person under interrogation. Upon completion of an interrogation, the interrogated person shall be presented the record and read or be read the record. The interrogated person shall then sign the record after certifying that the testimony is correctly recorded.		Article 144.6 of the Criminal Procedure Law of Mongolia prohibits the use of leading or urging questions to a person under interrogation. Upon completion of an interrogation, the interrogated person shall be presented the record and read or be read the record. The interrogated person shall then sign the record after certifying that the testimony is correctly recorded.

	~~===~~Right to counsel~~===~~		'''Right to counsel'''

	The right to receive legal assistance by the citizen is safeguarded by Article 16 of the Constitution of Mongolia.		The right to receive legal assistance by the citizen is safeguarded by Article 16 of the Constitution of Mongolia.

IBJadmin: /* Police Procedures */

2015-03-02T12:55:49Z

Police Procedures

← Older revision		Revision as of 14:55, 2 March 2015
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	Article 144.6 of the Criminal Procedure Law of Mongolia prohibits the use of leading or urging questions to a person under interrogation. Upon completion of an interrogation, the interrogated person shall be presented the record and read or be read the record. The interrogated person shall then sign the record after certifying that the testimony is correctly recorded.		Article 144.6 of the Criminal Procedure Law of Mongolia prohibits the use of leading or urging questions to a person under interrogation. Upon completion of an interrogation, the interrogated person shall be presented the record and read or be read the record. The interrogated person shall then sign the record after certifying that the testimony is correctly recorded.

	~~'''~~Right to ~~Counsel'''~~		===Right to counsel===

	The right to receive legal assistance by the citizen is safeguarded by Article 16 of the Constitution of Mongolia.		The right to receive legal assistance by the citizen is safeguarded by Article 16 of the Constitution of Mongolia.

IBJadmin: /* Pre-trial */

2015-03-02T12:49:54Z

Pre-trial

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	A criminal case shall be initiated by a decree issued by an inquiry officer, investigator or prosecutor.<ref>Art. 173, Criminal Procedure Law of Mongolia</ref> The court proceeding commences when judge asks for the accused to be brought to the trial and announces a date for holding the judicial session.<ref>Id., Art. 228</ref> Prior to rendering the ruling to bring the accused to trial, the judge must conclude that rights of the participants in criminal proceedings set forth in the Criminal Procedure Law have been fully respected during the process of inquiry or investigation and there are no grounds that hinder consideration of the case in judicial session.		A criminal case shall be initiated by a decree issued by an inquiry officer, investigator or prosecutor.<ref>Art. 173, Criminal Procedure Law of Mongolia</ref> The court proceeding commences when judge asks for the accused to be brought to the trial and announces a date for holding the judicial session.<ref>Id., Art. 228</ref> Prior to rendering the ruling to bring the accused to trial, the judge must conclude that rights of the participants in criminal proceedings set forth in the Criminal Procedure Law have been fully respected during the process of inquiry or investigation and there are no grounds that hinder consideration of the case in judicial session.

	~~'''~~Trial~~'''~~		===Trial===

	The procedure for a trial before the court is provided in chapters thirty-two to thirty-six of the Criminal Procedure Law of Mongolia. A trial shall be chaired by a Chief Judge or a judge appointed by the Chief Judge.<ref>Id., Art 237</ref>		The procedure for a trial before the court is provided in chapters thirty-two to thirty-six of the Criminal Procedure Law of Mongolia. A trial shall be chaired by a Chief Judge or a judge appointed by the Chief Judge.<ref>Id., Art 237</ref>
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	Decree sentencing conviction in the form of fine, deprivation of the right to occupy specific official position or engage in specified activity, confiscation of property and compulsory works, shall be sent to appropriate decision enforcement agency in charge of execution of the decision and a prosecutor shall be notified to such effect.		Decree sentencing conviction in the form of fine, deprivation of the right to occupy specific official position or engage in specified activity, confiscation of property and compulsory works, shall be sent to appropriate decision enforcement agency in charge of execution of the decision and a prosecutor shall be notified to such effect.

	~~'''~~Appeal~~'''~~		===Appeal===

	Article 303 of the Criminal Procedure Law of Mongolia grants the following person with the right to appeal:		Article 303 of the Criminal Procedure Law of Mongolia grants the following person with the right to appeal:

IBJadmin: /* Court Procedures */

2015-03-02T12:48:54Z

Court Procedures

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	==Court Procedures==		==Court Procedures==
	~~'''~~Pre-trial~~'''~~		===Pre-trial===

	'''Initial court appearance'''		'''Initial court appearance'''

IBJadmin: /* Right to Counsel */

2015-03-02T12:48:17Z

Right to Counsel

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	Capital punishment has been abolished in Mongolia since on 13 March, 2012, when the country acceded without reservations to the Second Optional Protocol to the International Covenant on Civil and Political Rights, which aims at abolishing death penalty. However, the abolition of death penalty is still yet to be reflected in the relevant laws of Mongolia.		Capital punishment has been abolished in Mongolia since on 13 March, 2012, when the country acceded without reservations to the Second Optional Protocol to the International Covenant on Civil and Political Rights, which aims at abolishing death penalty. However, the abolition of death penalty is still yet to be reflected in the relevant laws of Mongolia.

	~~'''6~~ Fair Trial Rights~~'''~~		===Fair Trial Rights===

	'''Freedom from prolonged pre-trial detention'''		'''Freedom from prolonged pre-trial detention'''

IBJadmin: /* Rights of the Accused at All Times */

2015-03-02T12:47:40Z

Rights of the Accused at All Times

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	==Rights of the Accused at All Times==		==Rights of the Accused at All Times==
	~~'''~~Right to Counsel~~'''~~		===Right to Counsel===

	'''Double Jeopardy'''		'''Double Jeopardy'''

IBJadmin: /* Emergency Law */

2015-03-02T10:22:47Z

Emergency Law

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	(d) to make changes to the decree.		(d) to make changes to the decree.

	=Emergency Law=		==Emergency Law==
	Under Article 19 of the Constitution of Mongolia, in case of announcement of a state of emergency or martial law, human rights and freedoms as determined by the Constitution and other laws shall be subject to limitation only by law. The declaration of state of emergency or martial law shall not affect the right to life, the freedom of thought, conscience and religion, as well as the right not to be subjected to torture, inhuman and cruel treatment.		Under Article 19 of the Constitution of Mongolia, in case of announcement of a state of emergency or martial law, human rights and freedoms as determined by the Constitution and other laws shall be subject to limitation only by law. The declaration of state of emergency or martial law shall not affect the right to life, the freedom of thought, conscience and religion, as well as the right not to be subjected to torture, inhuman and cruel treatment.

IBJadmin: /* Court Procedures */

2015-03-02T10:22:16Z

Court Procedures

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	(c) a person acquitted by a court shall have the right to file an appeal against the reasons and grounds of the acquittal specified in the decree of acquittal.		(c) a person acquitted by a court shall have the right to file an appeal against the reasons and grounds of the acquittal specified in the decree of acquittal.

	=Court Procedures=		==Court Procedures==
	'''7 Pre-trial'''		'''Pre-trial'''

	'''~~7.1~~ Initial court appearance'''		'''Initial court appearance'''

	A criminal case shall be initiated by a decree issued by an inquiry officer, investigator or prosecutor.<ref>Art. 173, Criminal Procedure Law of Mongolia</ref> The court proceeding commences when judge asks for the accused to be brought to the trial and announces a date for holding the judicial session.<ref>Id., Art. 228</ref> Prior to rendering the ruling to bring the accused to trial, the judge must conclude that rights of the participants in criminal proceedings set forth in the Criminal Procedure Law have been fully respected during the process of inquiry or investigation and there are no grounds that hinder consideration of the case in judicial session.		A criminal case shall be initiated by a decree issued by an inquiry officer, investigator or prosecutor.<ref>Art. 173, Criminal Procedure Law of Mongolia</ref> The court proceeding commences when judge asks for the accused to be brought to the trial and announces a date for holding the judicial session.<ref>Id., Art. 228</ref> Prior to rendering the ruling to bring the accused to trial, the judge must conclude that rights of the participants in criminal proceedings set forth in the Criminal Procedure Law have been fully respected during the process of inquiry or investigation and there are no grounds that hinder consideration of the case in judicial session.

	'''8 Trial'''		'''Trial'''

	The procedure for a trial before the court is provided in chapters thirty-two to thirty-six of the Criminal Procedure Law of Mongolia. A trial shall be chaired by a Chief Judge or a judge appointed by the Chief Judge.<ref>Id., Art 237</ref>		The procedure for a trial before the court is provided in chapters thirty-two to thirty-six of the Criminal Procedure Law of Mongolia. A trial shall be chaired by a Chief Judge or a judge appointed by the Chief Judge.<ref>Id., Art 237</ref>
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	The court shall retire for conference to issue a decree after hearing the last word of the defendant and a decree of either conviction or acquittal will be then issued by the court.		The court shall retire for conference to issue a decree after hearing the last word of the defendant and a decree of either conviction or acquittal will be then issued by the court.

	'''~~8.1~~ Expert witnesses'''		'''Expert witnesses'''

	According to Article 46 of the Criminal Procedure Law of Mongolia, experts from appropriate organizations, persons possessing special knowledge and without any personal interests in the case may be appointed as experts by decree of the inquiry officer, investigator, prosecutor or court or by order of a judge for the purposes of carrying out examinations and delivering conclusions.		According to Article 46 of the Criminal Procedure Law of Mongolia, experts from appropriate organizations, persons possessing special knowledge and without any personal interests in the case may be appointed as experts by decree of the inquiry officer, investigator, prosecutor or court or by order of a judge for the purposes of carrying out examinations and delivering conclusions.
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	During the trial, an expert shall participate in the analysis of items relevant to the case.<ref>Id., Art. 271.1</ref> If a witness or expert does not appear at a judicial session, the court shall issue a degree or order on continuation of examination of the case or postponing it, after questioning the state prosecutor, defendant, defense counsel, victim, civil plaintiff, civil defendant or their representatives whether the case may be subject to judicial examination in the absence of the expert.<ref>Id., Art. 245.1</ref>		During the trial, an expert shall participate in the analysis of items relevant to the case.<ref>Id., Art. 271.1</ref> If a witness or expert does not appear at a judicial session, the court shall issue a degree or order on continuation of examination of the case or postponing it, after questioning the state prosecutor, defendant, defense counsel, victim, civil plaintiff, civil defendant or their representatives whether the case may be subject to judicial examination in the absence of the expert.<ref>Id., Art. 245.1</ref>

	'''~~8.2~~ Jury'''		'''Jury'''

	There is no jury system in Mongolia, but "citizens representatives" consisting of three citizens (in case the trial is being heard by three judges) can be present at a first instance trial and ask questions to the trial participants as well as give its opinion in writing. Such opinion can be read out during the trial. If the citizens representatives have differing opinions, then separate opinions can be issued by each of them.<ref>Id., Art. 34</ref> A judge is not bound to follow the opinion of the citizens representatives.		There is no jury system in Mongolia, but "citizens representatives" consisting of three citizens (in case the trial is being heard by three judges) can be present at a first instance trial and ask questions to the trial participants as well as give its opinion in writing. Such opinion can be read out during the trial. If the citizens representatives have differing opinions, then separate opinions can be issued by each of them.<ref>Id., Art. 34</ref> A judge is not bound to follow the opinion of the citizens representatives.

	'''9 Sentencing'''		'''Sentencing'''

	A decree shall take legal effect if an appeal or protest has not been brought within 14 days after the decree has been handed to the convicted or acquitted person.<ref>Id., Art. 327.1</ref> In the event that an appeal or protest has been brought, the decree shall take legal effect from the moment the ruling of the court of appellate instance has been made.<ref>Id., Art. 327.2</ref>		A decree shall take legal effect if an appeal or protest has not been brought within 14 days after the decree has been handed to the convicted or acquitted person.<ref>Id., Art. 327.1</ref> In the event that an appeal or protest has been brought, the decree shall take legal effect from the moment the ruling of the court of appellate instance has been made.<ref>Id., Art. 327.2</ref>
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	Decree sentencing conviction in the form of fine, deprivation of the right to occupy specific official position or engage in specified activity, confiscation of property and compulsory works, shall be sent to appropriate decision enforcement agency in charge of execution of the decision and a prosecutor shall be notified to such effect.		Decree sentencing conviction in the form of fine, deprivation of the right to occupy specific official position or engage in specified activity, confiscation of property and compulsory works, shall be sent to appropriate decision enforcement agency in charge of execution of the decision and a prosecutor shall be notified to such effect.

	'''10 Appeal'''		'''Appeal'''

	Article 303 of the Criminal Procedure Law of Mongolia grants the following person with the right to appeal:		Article 303 of the Criminal Procedure Law of Mongolia grants the following person with the right to appeal: