'Rights during trial - burden of proof' 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.

16.1. Inquiry officer, investigator, procurator and court shall be obliged to take all measures provided
by law for a thorough, complete, and objective proof of the circumstances of the case to determine circumstances tending both to convict and to acquit the accused or defendant as well as those tending to aggravate and to mitigate his/her guilt.

16.2. Inquiry officer, investigator, procurator and court shall not have the right to demand the
suspect, accused or defendant to prove their innocence themselves.

PART I
GENERAL PROVISIONS

CHAPTER TWO
TASKS AND PRINCIPLES OF CRIMINAL PROCEEDING

Article 17. Executing Judicial Proceedings Based on Equality of Parties and Adversarial Principles

17.2. Procurators shall have the duty to prove the charges presented to defendants.

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

36.4. 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.

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:
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal