Mongolia

Criminal Procedure Law of Mongolia

PART IX
APPEALING FROM COURT DECREES OF CONVICTION OR ACQUITTAL, COURT DECREES OR ORDERS AND LODGING COMPLAINT OR PROTEST TO COURT OF SUPERVISORY INSTANCES

CHAPTER THIRTY EIGHT
EXECUTION OF DECREE

Article 327. Execution of Decree

327.1. A decree shall take legal effect if an appeal or protest has not been brought within the period set forth in Article 304 of this Law.

327.2. In the event that a appeal or protest is brought by persons specified in Article 303 of this Law, the decree shall take legal effect from the moment specified in Article 326 of this Code.


Article 328. Entering into effect of Decree of Court or Order of Judge and their execution

328.1. A decree of a court or order of a judge shall be executed upon expiration of time period for
bringing a appeal or protest.

328.2. A decree of a court and order of a judge which are not subject to appeal or protest shall be
executed immediately upon being rendered.


Article 329. Binding Nature of Court Ruling, Decree or Order of Judge

329.1. A decree, ruling of a court and order of a judge shall be binding on all business entities, organizations, officials, and citizens.


Article 330. Execution of the Decree or Rulings Entered Into Force

330.1. Execution of a decree which has entered into force in accordance with Article 328 of this
Law shall be organized in following ways:

330.1.1. Decree sentencing a convict confined under guard to arrest or imprisonment sentence shall be sent within 5 days to an administration of a Center of Confinement or to a Place for Preliminary Confinement and a procurator shall be notified to such effect;

330.1.2. Decree sentencing a convict not confined under guard to arrest or imprisonment sentence, shall be sent within 5 days to a head of an inquiry or investigation agency which has carried out inquiry or investigation and a procurator shall be notified to such effect;

330.1.3. Decree sentencing conviction in the form of fine, deprivation of the right to occupy specific official position or engage in specified activity, confiscation of property and compulsory works, shall be sent to appropriate decision enforcement agency in charge of execution of the decision and a procurator shall be notified to such effect;

330.2. The organ which has received the decree as provided in Article 330.1.1. of this Law, shall take measures to bring the convicted person to a court decision enforcement agency within 72 hours.

330.3. An inquiry or investigation agency shall bring the person specified in Article 330.1.2 of this Law to a court decision enforcement agency within 7 days after receiving the decree.

330.4. Court decision enforcement agency shall be in charge for organizing the implementation of a conviction specified in Article 330.1.3 of this Law.

330.5. Provision of a decree of conviction with respect to civil claim shall be executed as provided by Law on court decision enforcement.

330.6. A procurator shall supervise the implementation of a decree of conviction within his/her full
power specified in laws and legislation.


Article 331. Permitting A Convict Sentences to Death to Meet With Relatives

331.1. A court must grant of a convict sentenced to death an opportunity to meet once a relative immediately after completion of a judicial session.


Article 332. Deferral of execution of Decree Sentencing a Person To Compulsory Works, Arrest and Imprisonment

332.1. Execution of a decree of conviction condemning a person to compulsory works, arrest or
imprisonment may be deferred if there exists one of the following grounds:

332.1.1. serious illness of the convicted person, preventing him from serving the conviction - until he recovers;

332.1.2. if the convicted person is pregnant - for a period of not more than 45 days before giving a birth or no longer than one year after giving a birth;

332.1.3. Impermissibility of immediate execution of the conviction due to natural disaster, other sudden catastrophe, grave illness of the only member of the family with labor capacity, or other exceptional circumstances - for a period not exceeding three months.

332.2. Execution of a decree rendered with respect to a person who has committed specially grave
crime, or convicted for a crime successive times, or determined to be specially dangerous shall not be subject to deferral.

332.3. Payment of a fine may be deferred or arranged in installments for a period of up to six months if immediate payment of the fine is impossible for the convicted person.

Keywords

National penalties - national proceedings



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