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.
16.3. It shall be prohibited for inquiry officer, investigator, procurator and court to demand from the
suspect, accused or defendant to make testimony against themselves or to use pressure or force in order to retrieve testimony.
16.4. It shall be also prohibited to demand from a member of the family, parents or children of the
suspect, accused or defendant to testify against them.
16.5. If the person described in Article 16.4. of this law requests to give a testimony, the testimony
shall be heard after he/she is explained on his/her right to refuse from giving testimony and the provision of Article 254 of this Law is reminded.
Article 17. Executing Judicial Proceedings Based on Equality of Parties and Adversarial Principles
17.1. The judicial examination shall be based on adversarial litigation between prosecuting and
defending parties with equal rights.
17.2. Procurators shall have the duty to prove the charges presented to defendants.
17.3. Defense counsels shall use all the tools provided by law in order to defend the defendant and
render legal assistance.
17.4. The parties shall be equal in participating in the analysis of the evidence, submitting requests,
and expressing their opinions regarding any aspects relevant to the case.
Article 18. Ensuring the Right of Suspect, Accused, Defendant and Victim to be Defended
18.1. Suspect, accused, defendant and victim shall have the right to defend and to be defended
themselves and to receive other legal assistance.
18.2. In circumstances provided by Article 40 of this Law, inquiry officer, investigator, procurator and
court shall have the mandatory duty to provide suspect, accused, defendant and victim with possibility to be defended.
Article 19. Language in Which Proceedings Shall be Executed
19.1. Judicial proceedings shall be executed in Mongolian language and shall be documented in script
of official carry out of the State business.
19.2. If persons participating in criminal proceeding do not have command of Mongolian language
then through his/her mother tongue or languages and scripts known to him/her or if mute or deaf then with the help of gestures and special signs and translator, interpreter shall be provided with the right to give testimony, to submit complaint, to make speech in court and to get introduced with all materials of the case.
EDIT.