'Sentencing - national procedures for national proceedings' in document 'Mongolia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

TITLE THREE
CRIMINAL LIABILITY

CHAPTER TEN
IMPOSITION OF AND RELEASE FROM PUNISHMENT

Article 56. Circumstances Which Aggravate Liability

56.1. When imposing penalty the court shall recognize the following circumstances as aggravating liability only :

56.1.1. repeated commission of a crime ;
56.1.2. committing a crime in a group ;
56.1.3. instigating to or involving of persons under legal age into committing a crime or causing committing a crime by inculpable person ;
56.1.4. infliction of grave consequences as a result of the crime ;
56.1.5. committing a crime in a most brutal way or with atrocity with respect to the victim ;
56.1.6. committing a crime in respect of a person under age, an aged person or a person being in a helpless condition as well as in respect of a person being materially or otherwise dependent on the culprit ;
56.1.7. committing a crime by taking advantage of the conditions of a social disaster or mass disorder ;
56.1.8. committing a crime against a person fulfilling an official or public duty, his/her immediate relatives ;
56.1.9. committing a crime in a generally dangerous manner or with use of firearms, explosives, poisonous substances, drugs and preparates or chemical substances ;
56.1.10. committing a crime in condition of drunkenness ;
56.1.11. committing a crime with the purpose of concealing or facilitating another crime ;
56.1.12. committing a crime repeatedly during the period of probation or before being deemed as having no criminal record.

56.2. If the circumstance aggravating liability specified in this article constitutes an element of a crime specified in the Special Part of this Code this shall not be taken into account when imposing the penalty.