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 NINE
PROCEDURE AT THE COURT OF SUPERVISORY INSTANCE

Article 351. Amending the Decree or Ruling

351.1. If it is determined that courts of first and appellate instances have applied the Criminal Law
incorrectly, the court of supervisory instance may apply law with lesser conviction and mitigate the conviction due to change in classification of type of the case.

351.2. The court of supervisory instance shall not have the right to amend the decree or ruling based on circumstances not established or evidences rejected by the courts of first and appellate instances.


Article 352. Annulling the Decree or Ruling and Transferring Back the Case for Supplementary
Inquiry, Investigation or New Court Litigation.

352.1. If it is determined that courts of first and appellate instances have seriously violated the Criminal Procedure Law, the court of supervisory instance shall annul the decree or ruling and shall transfer back the case for supplementary inquiry, investigation or new court litigation.

Keywords

Revision of conviction or sentence - national proceedings



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