'Admissibility of evidence - national proceedings' in document 'Mongolia - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART IV
EVIDENCE, ACTIONS TO PROVE

CHAPTER ELEVEN
EVIDENCE

Article 79. Evidence

79.1. Facts and information, with respect to circumstances of a crime, obtained in accordance with
the grounds and rules set by this Law shall be deemed to be evidence.

79.2. Facts and information significant to reviewing and resolving the case shall be established by
testimonies of a witness, victim, suspect, accused and defendant, conclusion and testimony of an expert, physical evidence, records of inquiry, investigation and court session and other facts.

79.3. Documents and facts on a criminal case obtained through undercover activities executed in
accordance with grounds, terms and rules set by law and with permission of a procurator may be evaluated at the level of evidence, but the source of collecting and documenting activities shall be hold in secret.

79.4. If rules for obtaining and documenting evidences were not complied with or were violated, the
evidences shall lose their proving capacity and may not serve as a ground for a court decision.

79.5. An anonymous letter or information alone shall not be deemed as evidence.

PART IV
EVIDENCE, ACTIONS TO PROVE

CHAPTER ELEVEN
EVIDENCE

Article 83. Testimony of Victim

83.2. If a victim can not indicate the source of his/her testimony it shall not serve as evidence.

PART IV
EVIDENCE, ACTIONS TO PROVE

CHAPTER ELEVEN
EVIDENCE

Article 84. Testimony of Witness

84.2. If a witness can not indicate the source of his/her testimony it shall not serve as evidence.

PART IV
EVIDENCE, ACTIONS TO PROVE

CHAPTER TWELVE
ACTIVITIES OF PROOF

Article 94. Verification of Evidence

94.1. An inquiry officer, investigator, procurator and court shall be obligated to review collected
evidences comprehensively and objectively.

94.2. Evidence collected in a case can be verified by way of comparative analysis, comparing with
other evidences, collecting new evidence, and verifying the source of the evidence.


Article 95. Evaluation of Evidence

95.1. An inquiry officer, investigator, prosecutor and court shall evaluate all the evidences in their
entirety in order to determine whether the evidences which are relevant to a case and which were obtained according to law, are sufficient for reviewing and resolving the case.

95.2. In evaluating an evidence an inquiry officer, investigator, procurator, and judge, shall take law
and legal consciousness as a guidance and evaluate the evidence by their inner conviction, based on comprehensive, thorough, complete and objective review of the evidence.

95.3. For an inquiry officer, investigator, procurator and judge there shall be no evidence previously
established as being inexorably true.

95.4. There shall be no necessity to reprove facts which has been already established by a court
decision which took legal effect, but this provision shall not apply for reopening of a case based on newly discovered circumstances.