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 341. Consideration by Courts of Petitions to Expunge Record of Conviction

341.1. A question concerning expunging of a record of conviction in accordance with Article 78.3 of the Criminal Law shall be decided by a judge of the court at the place of residence of the person serving the conviction, upon petition of such person or his/her defense counsel.

341.2. In reviewing the request described in Article 341.1. of this Law, a procurator, defense counsel, other relevant persons or a representative of organization may take part and their nonappearance at the judicial session shall not stop consideration of the petition.

341.3. Consideration of a petition to expunge the record of conviction shall commence with report of judge after which the court shall hear the conclusion of the procurator and the persons summoned.

341.4. In the event that the court refuses to expunge the record of conviction, a new petition to that effect may not be initiated until one year from the day of rendering the order of refusal.

Keywords

Revision of conviction or sentence - national proceedings



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