'Rights during investigation - remain silent' in document 'Mongolia - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART I
GENERAL PROVISIONS

CHAPTER TWO
TASKS AND PRINCIPLES OF CRIMINAL PROCEEDING

Article 16. Thorough, Complete and Objective Determination of Circumstances of Case.

16.3. It shall be prohibited for inquiry officer, investigator, procurator and court to demand from the
suspect, accused or defendant to make testimony against themselves or to use pressure or force in order to retrieve testimony.

16.4. It shall be also prohibited to demand from a member of the family, parents or children of the
suspect, accused or defendant to testify against them.

16.5. If the person described in Article 16.4. of this law requests to give a testimony, the testimony
shall be heard after he/she is explained on his/her right to refuse from giving testimony and the provision of Article 254 of this Law is reminded.

PART II
PARTICIPANT IN THE CRIMINAL PROCEEDING

CHAPTER FIVE
PARTICIPANTS IN PROCEEDINGS TO PROTECT THEIR OWN INTERESTS OR INTERESTS OF REPRESENTING PERSONS

Article 35. Suspect

35.2.4. to give a testimony or refuse to give a testimony;

PART II
PARTICIPANT IN THE CRIMINAL PROCEEDING

CHAPTER FIVE
PARTICIPANTS IN PROCEEDINGS TO PROTECT THEIR OWN INTERESTS OR INTERESTS OF REPRESENTING PERSONS

Article 35. Suspect

35.3. Suspect shall not bear the duty to give testimony against him/herself or to prove his/her
involvement in a crime or other circumstances of a crime.

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence