Mongolia

Criminal Procedure Law of Mongolia

PART III
MEASURES OF COERCION IN CRIMINAL PROCEEDINGS

CHAPTER EIGHT
ARREST OF SUSPECT

Article 58. Grounds for Arresting a Suspect

58.1. A suspect shall be arrested if he/she has attempted to escape or if there is sufficient evidence
to suspect him/her in committing grave or extremely grave crime.


Article 59. Procedure for Arresting of Suspect

59.1. An inquiry officer or investigator shall be obliged to draw up a decree of arresting a person
suspected of committing a crime, and shall deliver it to a procurator and the procurator shall submit it to court for approval.

59.2. Grounds and reasons for the arrest, place and time, results of searching his/her body and time
of making record shall be specified in the decree.

59.3. Decree of arrest shall be presented to the suspect and his/her rights provided in Article 35 of
this Law shall be explained to the suspect including the right to give testimony together with defense counsel and this fact shall be reflected in the record.

59.4. The record shall be signed by person who draw it and by person being arrested.

59.5. In instances not permitting a delay, an inquiry officer or an investigator may immediately arrest
the suspect and deliver the decree to a procurator and court within 24 hours.

59.6. The court shall be obliged, within forty eight hours from the moment of receiving the decree of
arrest, to sanction confinement under guard or free the person arrested.

59.7. The period for which a person being arrested shall be counted within the period of confinement
under guard.

59.8. The calculation of arrest period shall be started from the moment of presenting the decree of
arrest to the suspect.

Keywords

Arrest
Arrest for national proceedings



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