Mongolia

Criminal Procedure Law of Mongolia

PART II
PARTICIPANT IN THE CRIMINAL PROCEEDING

CHAPTER SIX
OTHER PARTICIPANTS OF THE CRIMINAL PROCEEDINGS

Article 45. Witness

45.1. A person who knows significant circumstances of a crime and not involved in the crime shall be
deemed to be a witness.

45.2. A witness shall be summoned and interrogated according to rules set for by Article 143 of this
Law.

45.3. Following individuals shall not be interrogated as witness:

45.3.1. the judge who previously reviewed and resolved the case;

45.3.2. the defense counsel who became familiar with circumstances of the case during implementation of his/her duty to defend;

45.3.3. individuals who became unable to correctly understand and report the circumstances related to the case.

45.4. Witness shall be obliged to arrive as summoned by inquiry officer, investigator, procurator, and
court and give true and correct testimony regarding the case.

45.5. If a witness did not arrive without respectful reasons he/she shall be coerced by police agency
to arrive according to a decision of the inquiry officer, investigator, procurator, and court.

45.6. If a witness deliberately gave false testimony or avoided from giving testimony he/she shall be
imposed responsibilities provided by Criminal Law.

45.7. Witness shall have the right to refuse to give testimony against family members, parents,
children, relatives.

Keywords

Witnesses' rights - national proceedings
Procedure for witness testimony - national proceedings



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