'Jurisdiction' in document 'Mongolia - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART VIII
COURT ACTIVITIES

CHAPTER THIRTY
COURT JURISDICTION

Article 220. Court Jurisdiction for Criminal Cases

220.1. All criminal cases except those which were specifically specified by law shall be reviewed and resolved through jurisdiction of soum, intersoum and district courts by way of first instance.


Article 221. Territorial Jurisdiction Over Criminal Case

221.1. A case shall be subject to consideration in the court of the area where the crime is committed.

221.2. If a crime is initially started on the territory subject to jurisdiction of one court, but was
completed on the territory subject to jurisdiction of another court , it shall be subject to jurisdiction of a court of the area where the crime was completed.

221.3. If it is impossible to determine the place of commission of the crime, of if the case was
committed in different places, the case shall be within the jurisdiction of the court of the area where the investigation in the case is completed.

221.4. A case which is within the jurisdiction of several courts of the same kind simultaneously shall be considered by the court of the area where the investigation in the case is completed.


Article 222. Transfer of Criminal Case to Another Jurisdiction

222.1. If a case is not within the Jurisdiction of the given court, it shall referred to court of proper
jurisdiction by ruling of a judge.

222.2. A court, having established during judicial session that a case is within the Jurisdiction of another similar court, shall continue the sessions and resolve the case completely if it does not hinder the establishment of the truth in the case.


Article 223. Transfer of Criminal Case From One Court to Another Court

223.1. In individual instances, for the purpose of the most speedy, complete and objective consideration of a case, it may be transferred for consideration from one court to another similar court. The transfer of the case on such grounds shall be permitted only before its consideration in judicial session has commenced.

223.2. The Chief Judge of a Chamber of the Supreme Court by its ruling shall determine the jurisdiction and transfer the case in instances when case is transferred to soum, intersoum court of different aimags, or to district court and Chief Judge of aimag or the Capital City court by its ruling in instances of transferring a case to different soum, intersoum court within the aimag or to different district court.

223.3. If court of soum, intersoum, district, aimag or the Capital city does not have full court
composition to consider the case, Chief Judge of higher instance shall by its ruling appoint another judge of appropriate instance, and the case shall be subject to consideration of a court where most of its members are present in the court composition.


Article 224. Impermissibility of Disputes Over Jurisdiction

224.1. Disputes over jurisdiction between courts shall not be permitted and any case referred from one court to another through the procedures provided by Articles 222 and 223 of this Law shall be subject to unconditional acceptance by the court to which it is referred.