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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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.

PART II
PARTICIPANT IN THE CRIMINAL PROCEEDING

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

Article 36. The Accused

36.3.6. to give 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 36. The Accused

36.4. A defendant shall not be obliged to testify against himself, as well as to prove his/her innocence
or any other circumstances of the case known to him.

PART VIII
COURT ACTIVITIES

CHAPTER THIRTY THREE
JUDICIAL INVESTIGATION

Article 263. Hearing Testimony of Defendant

263.1. After proclamation of the conclusion to indict by the state prosecutor, the chair of the judicial session shall ask the defendant whether he/she will give testimony and if agrees shall hear his/her testimony.

RELEVANT ROME STATUTE PROVISIONS

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence