'Victims' rights - national proceedings' in document 'Mongolia - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART I
GENERAL PROVISIONS

CHAPTER THREE
GROUNDS FOR EXECUTING CRIMINAL PROCEEDING

Article 23. Citizen's Right to Participate in Criminal Proceedings

23.1. In instances where a victim was not able to express his/her wish due to fact that the victim has
died or was a minor or due to health reasons, an adult member of his/her family, or a close relative shall have the right to participate in the proceedings according to rules set by this Law.

23.2. A person described by Article 23.1. of this Law shall have the right to withdraw from his/her
complaint at any stage of the proceeding.

PART I
GENERAL PROVISIONS

CHAPTER THREE
GROUNDS FOR EXECUTING CRIMINAL PROCEEDING

Article 24. Circumstances Excluding Criminal Proceedings

24.4. The victim shall be informed if the criminal case is terminated according to provisions of 24.1.
of this Law and the victim shall have the right lodge complaint on the decision according to rules set by this Law.

PART I
GENERAL PROVISIONS

CHAPTER THREE
GROUNDS FOR EXECUTING CRIMINAL PROCEEDING

Article 25. Termination When Victim Reconciles with Accused or Defendant

25.2. In instances when the victims of cases provided by Article 25.1. of this Law are not able to
defend their rights and legal interests, because of dependence on the accused, or for any other reasons the case shall not be terminated and the case shall be transferred to court and the court shall review and resolve the case in the usual manner.

PART II
PARTICIPANT IN THE CRIMINAL PROCEEDING

CHAPTER FOUR
THE STATE INSTITUTIONS AND OFFICIALS TO ADMINISTER CRIMINAL PROCEEDING

Article 34. Rights and Duties of Citizens' Representatives

34.1. Citizens representatives shall have the right to ask a question from participants during court
litigation and based on examination of evidences to submit, in writing, his/her opinion regarding the guilt of defendant and sentences that should be imposed on the defendant.

34.2. Court shall involve 3 Citizens' Representatives for reviewing and resolving grave or extreme
grave crimes by way of the first instance, 2 Citizens' Representatives for reviewing and resolving a case according to provision of Article 30.2. of this Law and 1 Citizens' Representative in all other cases.

34.3. In circumstances when Citizens' Representatives opinions vary, they may submit their opinions
separately.

PART II
PARTICIPANT IN THE CRIMINAL PROCEEDING

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

Article 42. Victim

42.3. The victim or his representative shall have the following rights:

42.3.1. to have a defense counsel;

42.3.2. to present evidence;

42.3.3. to submit petition concerning necessity of analysis of evidence;

42.3.4. to participate in Judicial session of a court,

42.3.5. put questions to defendant, witness, and expert;

42.3.6. to appeal from the actions and decisions of an inquiry officer, investigator, procurator and court,

42.3.7. to speak in own mother tongue or give testimony in known language and make use of a
translator, interpreter;

42.3.8. to become familiar with all the materials of the case upon completion of the case;

42.3.9. to require to be compensated losses incurred due to crime;

42.3.10. to make copy of court decree on acquittal or sentencing and compile a complaint through an appeal and review procedure;

42.3.11. to become familiar with the materials related to complaint and protest submitted by other parties with respect to decision of court, and to give explanation;

42.3.12. to submit challenges to inquiry officer, investigator, procurator, translator, interpreter, judge, citizens' representative and secretary of a judicial session;


42.4. If the victim has died because of a crime, or has lost his/her legal abilities, his/her family
members or close relatives shall have the rights provided by the present Article.

PART VI
RULES FOR EXECUTION OF CERTAIN ACTIONS OF CRIMINAL PROCEEDINGS

CHAPTER SEVENTEEN
EXAMINATION AND CRIMINAL EXPERIMENT

Article 127. Rules for Executing an Examination

127.4. An accused, suspect, victim or witness may take part in an examination.

PART VII
PRE-COURT ACTIONS

CHAPTER TWENTY FIVE
THE GENERAL CONDITIONS FOR CARRYING OUT THE INQUIRY AND INVESTIGATION

Article 187. Compulsory Explanation of Rights of the Participants in Criminal Proceedings and
Their Assurance

187.1. An inquiry officer or investigator shall explain to suspect, accused, victim, civil plaintiff, civil
defendant, and their representatives as well as other persons participating in criminal proceedings about their rights and duties as well as consequences of not fulfilling their duties and shall ensure the possibility to exercise their rights during criminal proceedings .

PART VIII
COURT ACTIVITIES

CHAPTER THIRTY FOUR
ORAL ARGUMENT AND THE LAST WORD OF THE DEFENDANT

Article 279. Content and Procedure of Oral Argument

279.2. Oral arguments of judicial session shall consist of speeches of the prosecutor, defense counsel or of the defendant if a defense counsel has not participated in the judicial session, as well as of the victim, civil plaintiff, civil defendant and their representatives.

RELEVANT ROME STATUTE PROVISIONS

Article 68
Protection of the victims and witnesses and their participation in the proceedings
1. The Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses. In so doing, the Court shall have regard to all relevant factors, including age, gender as defined in article 7, paragraph 3, and health, and the nature of the crime, in particular, but not limited to, where the crime involves sexual or gender violence or violence against children. The Prosecutor shall take such measures particularly during the investigation and prosecution of such crimes. These measures shall not be prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
2. As an exception to the principle of public hearings provided for in article 67, the Chambers of the Court may, to protect victims and witnesses or an accused, conduct any part of the proceedings in camera or allow the presentation of evidence by electronic or other special means. In particular, such measures shall be implemented in the case of a victim of sexual violence or a child who is a victim or a witness, unless otherwise ordered by the Court, having regard to all the circumstances, particularly the views of the victim or witness.
3. Where the personal interests of the victims are affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court and in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. Such views and concerns may be presented by the legal representatives of the victims where the Court considers it appropriate, in accordance with the Rules of Procedure and Evidence.
4. The Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate protective measures, security arrangements, counselling and assistance as referred to in article 43, paragraph 6.
5. Where the disclosure of evidence or information pursuant to this Statute may lead to the grave endangerment of the security of a witness or his or her family, the Prosecutor may, for the purposes of any proceedings conducted prior to the commencement of the trial, withhold such evidence or information and instead submit a summary thereof. Such measures shall be exercised in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
6. A State may make an application for necessary measures to be taken in respect of the protection of its servants or agents and the protection of confidential or sensitive information.