'National penalties - maximum penalty' in document 'Mongolia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

TITLE TWO
CRIME

CHAPTER THREE
CONCEPT AND CLASSIFICATION OF CRIMES

Article 17. Classification of Crimes

17.5. Crimes punishable by imprisonment of 11 to 15 years or in extraordinary cases of up to 25 years or by death penalty as specified in the Special Part of this Code shall be recognized grave crimes.

SPECIAL PART

TITLE NINE
CRIMES AGAINST ADMINISTRATIVE ORDER, ADMINISTRATION OF JUSTICE AND MALFEASANCE CRIMES

CHAPTER TWENTY-SEVEN
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

Article 245. Impeding inquiry, investigation and court trial proceedings

245.1. Intentional impeding inquiry, investigation and court trial proceedings shall be punishable by a fine equal to 5 to 50 amounts of minimum salary, 100 to 200 hours of forced labor or by incarceration for a term of 1 to 3 months.

245.2. The same crime committed by use of one's official position shall be punishable by a fine equal to 51 to 250 amounts of minimum salary, 300 to 500 hours of forced labor or by incarceration for a term of more than 3 to 6 months, or imprisonment for a term of up to 3 years with deprivation of the right to hold specified positions or engage in specified business for a term of up to 3 years.

SPECIAL PART

TITLE NINE
CRIMES AGAINST ADMINISTRATIVE ORDER, ADMINISTRATION OF JUSTICE AND MALFEASANCE CRIMES

CHAPTER TWENTY-SEVEN
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

Article 249. Knowingly illegal detention or custody

Knowingly illegal detention by an inquirer, investigator, prosecutor or judge with lucrative or other private purposes shall be punishable by a fine equal to 51 to 100 amounts of minimum salary, or by incarceration for a term of more than 3 to 6 months with or without deprivation of the right to hold specified positions or engage in specified business for a term of up to 3 year, or by imprisonment for a term of up to 3 years.

SPECIAL PART

TITLE NINE
CRIMES AGAINST ADMINISTRATIVE ORDER, ADMINISTRATION OF JUSTICE AND MALFEASANCE CRIMES

CHAPTER TWENTY-SEVEN
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

Article 251. Forcing of testimony

256.1. Forcing of testimony by an inquirer or investigator by threat, violence, torture, humiliation, deception or other illegal methods shall be punishable by imprisonment for a term of up to 5 years with or without deprivation of the right to hold specified positions or engage in specified business for a term of up to 3 years.

251.2. The same crime if it has entailed a less serious or severe bodily injury or has caused damage in a large amount shall be punishable by imprisonment for a term of more than 5 to 10 years with or without deprivation of the right to hold specified positions or engage in specified business for a term of up to 5 years.

SPECIAL PART

TITLE NINE
CRIMES AGAINST ADMINISTRATIVE ORDER, ADMINISTRATION OF JUSTICE AND MALFEASANCE CRIMES

CHAPTER TWENTY-SEVEN
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

Article 252. Intentional false reporting

252.1. Intentional false reporting on an individual about commission of a crime shall be punishable by a fine equal to 51 to 250 amounts of minimum salary, or by incarceration for a term of more than 3 to 6 months.

252.2. The same crime committed with lucrative or other private purposes, by falsification of evidence with the view of charging with a serious or grave crime shall be punishable by imprisonment for a term of up to 5 years.

SPECIAL PART

TITLE NINE
CRIMES AGAINST ADMINISTRATIVE ORDER, ADMINISTRATION OF JUSTICE AND MALFEASANCE CRIMES

CHAPTER TWENTY-SEVEN
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

Article 253. Falsification of evidence

253.1. Falsification of evidence by the participants of civil proceedings or a judge shall be punishable by a fine equal to 51 to 100 amounts of minimum salary, or by incarceration for a term of more than 3 to 6 months.

253.2. Falsification of evidence by an inquirer, investigator, prosecutor or advocate shall be punishable by a fine equal to 100 to 250 amounts of minimum salary, or imprisonment for a term of up to 3 years.

253.3. Falsification of evidence of a serious or grave crime by the officials specified in paragraph 2 above, or entailing a grave harm shall be punishable by imprisonment for a term of up to 5 years with deprivation of the right to hold specified positions or engage in specified business for a term of up to 3 years.

SPECIAL PART

TITLE NINE
CRIMES AGAINST ADMINISTRATIVE ORDER, ADMINISTRATION OF JUSTICE AND MALFEASANCE CRIMES

CHAPTER TWENTY-SEVEN
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

Article 254. False testimony

254.1. Intentional false testimony during the inquiry, investigation or court proceedings by a witness, victim, intentional false expert opinion by an expert witness, intentional false interpretation by an interpreter shall be punishable by a fine equal to 51 to 100 amounts of minimum salary, or imprisonment for a term of up to 2 years.

254.2. The same crime committed with lucrative or other private purposes, charging with a serious or grave crime, by falsification of evidence, false testimony, or it has caused grave harm shall be punishable by a fine equal to 101 to 250 amounts of minimum salary, or imprisonment for a term of 2 to 5 years.

SPECIAL PART

TITLE NINE
CRIMES AGAINST ADMINISTRATIVE ORDER, ADMINISTRATION OF JUSTICE AND MALFEASANCE CRIMES

CHAPTER TWENTY-SEVEN
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

Article 256. Making a witness or victim give a false testimony, an expert witness render a false opinion or an interpreter do false interpretation

256.1. Making a witness or victim give a false testimony, an expert witness render a false opinion or an interpreter do false interpretation by violence, giving remuneration or threatening with destruction of property shall be punishable by 200 to 300 hours of forced labor, a fine equal to 51 to 100 amounts of minimum salary, or imprisonment for a term of up to 3 years.

256.2. The same crime committed by an organized group, or causing damage in a large or an extremely large amount shall be punishable by imprisonment for a term of more than 5 to 8 years.

SPECIAL PART

TITLE NINE
CRIMES AGAINST ADMINISTRATIVE ORDER, ADMINISTRATION OF JUSTICE AND MALFEASANCE CRIMES

CHAPTER TWENTY-SEVEN
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

Article 258. Failure to obey a court decision

258.1. Intentional disobedience or prevention of execution of a sentencing judgment, court decision, ruling or a judge's ruling that has become final shall be punishable by a fine equal to 5 to 50 amounts of minimum salary, 100 to 250 hours of forced labor, incarceration for a term or 1 to 3 months or imprisonment for a term of up to 2 years.

258.2. Intentional underreporting, concealment or transferring to others of property with the view of evasion of execution of a court decision shall be punishable by a fine equal to 51 to 250 amounts of minimum salary, 251 to 500 hours of forced labor, incarceration for a term or more than 3 to 6 months or imprisonment for a term of up to more than 2 to 4 years.

258.3. The same crime committed by a person who previously was sentenced for the same crime, by an organized group or a criminal organization shall be punishable by imprisonment for a term of up to more than 3 to 5 years.

SPECIAL PART

TITLE TEN

CHAPTER THIRTY
CRIMES AGAINST SECURITY OF THE MANKIND AND PEACE

Article 297. Stirring up of an armed conflict

297.1. Stirring up of an international or a local armed conflict shall be punishable by imprisonment for a term of more than 5 to 10 years.

SPECIAL PART

TITLE TEN

CHAPTER THIRTY
CRIMES AGAINST SECURITY OF THE MANKIND AND PEACE

Article 299. Conduct of war by prohibited means

299.1. Cruel treatment of the captives and civilians, displacement of the population, looting of the historical and cultural values in the occupied territory or use of the means of warfare prohibited by an international treaty to which Mongolia is a party shall be punishable by imprisonment for a term of more than 10 to 15 years.

299.2. Use of the mass-destruction weapon prohibited by an international treaty to which Mongolia is a party shall be punishable by imprisonment for a term of more than 15 to 20 years.

SPECIAL PART

TITLE TEN

CHAPTER THIRTY
CRIMES AGAINST SECURITY OF THE MANKIND AND PEACE

Article 301. Attack against persons enjoying the international protection

306.1. Attack against a government representative, officer of an international organization, their offices, dwellings or means of transport with the purpose of tensing the relations between nations shall be punishable by imprisonment for a term of more than 5 to 8 years.

SPECIAL PART

TITLE TEN

CHAPTER THIRTY
CRIMES AGAINST SECURITY OF THE MANKIND AND PEACE

Article 302. Genocide

302. Any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such killing of members of the group ; causing grave bodily injuries to members of the group ; imposing measures intended to prevent births within the group ; forcibly transferring children of the group to another group or deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part shall be punishable by imprisonment for a term of 20 to 25 years or the death penalty.

SPECIAL PART

TITLE TEN

CHAPTER THIRTY
CRIMES AGAINST SECURITY OF THE MANKIND AND PEACE

Article 304. Causing ecological disbalance

304.1. Mass damage or destruction of animal species, plant classes, contamination of air and water resources or causing ecological disbalance in other forms which has caused ecological disaster shall be punishable by imprisonment for a term of more than 10 to 15 years.