Mongolia

Criminal Procedure Law of Mongolia

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

36.3. The accused shall have the following right:

36.3.1. to know for what offence he is accused of;

36.3.2. to be presented with decree to prosecute as the accused and with decree on measures of
restraint have been taken;

36.3.3. to make self-defense; to have an defense counsel as provided for in Article 39 of this Law;

36.3.4. to have individual meeting with his/her defense counsel;

36.3.5. to give verbal or written explanation concerning the accusation presented to him;

36.3.6. to give testimony or refuse to give a testimony;

36.3.7. to present evidence, submit petition requiring an examination of evidence;

36.3.8. to get presented with materials of the case involving him/her;

36.3.9. to take part in the court session;

36.3.10. to submit challenges with regard to inquiry officer, investigator, procurator, translator,
interpreter, expert, judge, a citizens' representative, or secretary of a judicial session;

36.3.11. to lodge complaints regarding actions of an inquiry officer, investigator, procurator, and court proceedings;

36.3.12. to get familiar with decrees on appointment of experts and with their conclusions;

36.3.13. to give testimony in his/her mother tongue or known language, to make use of a translator, interpreter;

36.3.14. with the permission of an inquiry officer or investigator to be present in investigative actions at his/her own or the defense counsel's request, and to get familiar minutes of the actions and to request changes in the minutes;

36.3.15. to present a final speech at court session;

36.3.16. to appeal the judgement;

36.3.17. to acquaint him/herself with the protests and appeals on court judgement lodged by other persons and to give explanation regarding them;

36.3.18. to require to be compensated for damages occurred due to activities of an inquiry officer, procurator, investigator or judge in violation of law.


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.


36.5. The defendant shall have following duties:

36.5.1. to appear when summoned by an inquiry officer, investigator, procurator, and court;

36.5.2. to not hinder examination on his body or his/her transfer to a medical institution on the basis of decree drawn up by an inquiry officer, investigator, or procurator, as well as execution of other decisions made by competent organizations and officials made during the criminal proceedings;

36.5.3. to obey the order of the court session.

Keywords

Fair trial standards



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