'National penalties - national proceedings' in document 'Mongolia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

TITLE THREE
CRIMINAL LIABILITY

CHAPTER NINE
PURPOSE AND TYPES OF PUNISHMENT

Article 49. Confiscation of Property

49.1. Confiscation of property represents a forced free-of-charge withdrawal of the culprit's share property for the benefit of the state in the instances specified in the Special Part of this Code.

49.2. Seizure of items created by way of crime, arms and means used for committing it, or income gained by way of crime and other things incidental thereto shall be mandatory in addition to the confiscation of property.

49.3. When imposing confiscation of property the court shall specify in the judgment what items and property are being confiscated.

GENERAL PART

TITLE THREE
CRIMINAL LIABILITY

CHAPTER NINE
PURPOSE AND TYPES OF PUNISHMENT

Article 52. Imprisonment

52.1. Imprisonment represents restriction of freedom of a culprit for the terms specified in this Code with separation from society by confinement in the correctional facilities or a prison.

52.1. The basic term of imprisonment shall be 1 to 15 years. In the instances specified in Special Part of this Code can be imposed for a term of up to 25 years.

52.3. Imprisonment for a term of over 15 years may not be imposed on the persons who were under 16 years of age at the time of committing crime, women of over 55 years of age and men of over 60 years of age.

52.4. Imprisonment shall be served in the correctional facilities of general, strict and special regiment or prison.

52.5. Male convicts who committed less serious crimes and female convicts other than those sentenced for crimes other grave crimes shall serve imprisonment in the correctional facilities of general regiment.

52.6. Male convicts who committed serious crimes or previously served imprisonment, and female convicts who committed grave crimes or have been recognized recidivists shall serve imprisonment in the correctional facilities of strict regiment.

52.7. Male convicts who committed serious crimes or have been recognized recidivists shall serve imprisonment in the correctional facilities of special regiment.

52.8. Male minor convicts who committed less serious or serious crimes ; female minor convicts who were sentenced to imprisonment shall serve imprisonment in the correctional facilities of general regiment for minors.

52.9. Male minor convicts who previously served imprisonment, as well as those who committed grave crimes shall serve imprisonment in the correctional facilities of strict regiment for minors.

52.10. The court may mitigate or reinforce the regiment in which imprisonment is to be
served taking into consideration the nature and degree of social danger of the crime, character of the convict and other circumstances of the case. Reasons for such decision shall be specified in the judgment.

52.11. The court may decide imprisonment imposed on the convicts who are recognized recidivist or sentenced to imprisonment for more than 15 years after attaining the age of 18 for a grave crime to be served fully or partially in prison.

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.