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 executeion 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.
Article 37. Legal Representative of a Minor Suspect and Accused
37.1. In the proceedings of cases related to minor suspect, accused and defendant, their legal
representative shall take part in.
37.2. A legal representative of minor suspect, accused and defendant shall participate in the
proceedings according to rules provided by Articles 364-377 of this Law.
Article 38. Defense Counsel
38.1. A defense counsel is a person who protects rights and legal interests of suspect, accused,
defendant and victim according to rules set by law and renders legal assistance.
38.2. If it is not possible for a professional defense counsel to get involved, a suspect, accused, or
defendant him/herself shall choose a person who do not have reasons to negatively affect the proceeding as defense counsel.
38.3. Defense counsel has the right to take part in criminal proceedings starting from the moment
when some one is deemed as suspect in a crime.
38.4. One defense counsel may not defend several suspects, accused, or defendants who have
mutually contradicting interests regarding a case.
Article 39. Selection and Replacement of Defense Counsel
39.1. A suspect, accused, defendant and victim shall have the right to select their defense counsel
themselves.
39.2. With the consent or request of a suspect, accused, defendant or victim, his/her legal
representative, member of family, or relative may select a defense counsel for him/her.
39.3. One person may have several defense counsel.
39.4. When suspect, accused, defendant or victim has not selected a defense counsel, upon their
request, the inquiry officer, investigator, procurator, and court shall provide an opportunity for a defense counsel to participate in the criminal proceedings, but it is prohibited to urge to him name of a particular lawyer.
39.5. In the event when participation of defense counsel selected by the suspect or accused is
impossible, or challenge to the counsel, the suspect, accused, or defendant shall have the right to select another defense counsel.
Article 40. Obligatory Involvement of Defense Counsel
40.1. The participation of defense counsel in a judicial examination shall be obligatory in cases of
following suspect, accused or defendant:
40.1.1. mute, deaf, blind, and other persons who by reason of their physical or mental defects are not able to exercise their right to defense themselves;
40.1.2. minors;
40.1.3. persons who do not have command of Mongolian language;
40.1.4. to whom death penalty may be applied;
40.1.5. if one of suspects, accused or defendants who have contradicting interests on a case has a
defense counsel, then other suspects, accused or defendants.
40.2. If in instances provided for in Article 40.1. of this Law, defense counsel is not engaged by the
suspect, accused, and defendant him/herself, or by his legal representative, member of family, relative or by other persons upon his/her commission, the inquiry officer, investigator, procurator or court shall be obliged to secure the participation of defense counsel in the case.
Article 41. Duties and Rights of Defense Counsel
41.1. Defense counsel shall be obliged to protect rights and legal interests of suspect, accused, or
defendant and provide legal assistance to them.
41.2. The defense counsel shall not have the right to withdraw from the defense without a valid
reason from the moment of consent or assignment and shall not have a right to collect evidence by illegal means.
41.3. Defense counsel shall have the following right:
41.3.1. to meet with the suspect, accused, or defendant along from the moment he/she is permitted to participate in a case, be present at their interrogation and to put questions;
41.3.2. to submit petition to collect objects, documents, information and other evidences required for providing legal assistance as stated in Article 92 of this Law or to present them and to have them
inspected and included in the file of the case;
41.3.3. to be present at the interrogation of victims, witnesses and experts, to put questions to them;
41.3.4. to be present during the execute of any other investigative actions performed upon petition of the suspect, accused, or defendant, and put questions to other participants such as witnesses, expert etc of the executing of the actions at any moment;
41.3.5. to get acquainted with the record of procedural actions and to submit written proposal to make corrections;
41.3.6. with the consent of individual persons or organizations to require from them explanations and references,
41.3.7. to submit challenges to inquiry officer, investigator, procurator, translator, interpreter, judge, citizens' representative and secretary of a judicial session;
41.3.8. upon completion of the inquiry or investigation to become acquainted with all the materials of the case and at his own expenses make copies some of the materials which do not contain secrets
of state, organizations, and individuals;
41.3.9. participate in judicial examination in the court;
41.3.10. to lodge a complaint on actions and decisions of inquiry officer, investigator, procurator, and court.
41.3.11. to be present at his/her will in resolving by court the issue of arrest or confinement under guard of the suspect or accused being defended and to submit comments to the court;
41.3.12. to participate at his/her will in the appellate or supervisory instance court hearing.
EDIT.