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 342. Lodging Complaint or Protest Through Supervisory Procedure
342.1. A complaint or protest may be lodged to the court of supervisory instance, according to
provisions of Articles 303 and 304 of this Law, if it is considered that courts of first instance or appellate
instance have violated the Criminal Procedure Law or have incorrectly applied the Criminal Law when reviewing and resolving a case.
Article 343. Rules to Lodge Complaint or Protest to the Court of Supervisory Instance
343.1. Complaint or protest lodged to the court of supervisory instance shall be referred through the court that has issued the decree or ruling.
Article 344. Informing on Lodging of Complaint or Protest to the Court of Supervisory Instance
344.1. In occasions when a compliant or protest has been lodged through supervisory procedure against a decree or ruling, the court of first or appellate instance shall inform the parties on this and advise their right to give an explanation regarding the complaint or protest.
Article 345. Implications of Lodging Complaint or Protest to the Court of Supervisory Instance
345.1. In the event of lodging of compliant or protest against a decree or ruling through supervisory procedure the enforcement of the decree or ruling shall be suspended.
345.2. A person who has lodged a complaint or protest may withdraw the complaint or protest before the commencement of the judicial session of the court of supervisory instance.
Article 346. Term for Reviewing and Resolving a Case at the Court of Supervisory Instance
346.1. After the Supreme Court has received a case with complaint or protest to the supervisory
instance, the Chief Justice shall appoint the bench of judges.
346.2. The court shall review and resolve the case within 30 days after receiving the case and based on complicated nature of the case the Head Judge of the Chamber may extend the term for 14 days.
346.3. A judge shall determine the date for judicial session of the court of supervisory instance and shall inform the parties.
Article 347. Bench of Judges to Review and Resolve a Case at the Court of Supervisory Instance
347.1. A case shall be reviewed and resolved by a bench of 5 judges, with a decree issued and this shall be the final decision.
347.2. If the decree described by Article 347.1. of this Law is deemed to be contradictory to law in the opinion of the Procurator General, or of a judge from the Supreme Court and the Chief Justice of the Supreme Court of Mongolia issues a conclusion based on their opinions, the case shall be reviewed and heard by the whole bench of the Supreme Court.
Article 348. Circumstances To Be Reviewed By The Court of Supervisory Instance
348.1. The court of supervisory instance shall review whether courts of first and appellate instances have correctly applied Criminal Law and whether they have seriously violated the Criminal Procedure Law.
348.2. If courts of first and appellate instances have seriously violated Criminal Procedure Law or
incorrectly applied Criminal Law the court of supervisory instance shall annul or change the decrees or rulings.
348.3. Serious violation of Criminal Procedure Law or incorrect application of Criminal Law shall be
understood in their meanings provided by Articles 320 and 321 of this Law.
Article 349. Review and Resolution of a Case By the Court of Supervisory Instance
349.1. A procurator or defense counsel shall have the right to participate in judicial session that
reviews and resolves a case through supervisory procedure and if such a person has submitted the request it shall be obligatory to allow them to participate.
349.2. Non-arrival of a procurator or defense counsel except in situation described by Article 349.1. of this Law shall not obstruct hearing of a case.
349.3. The case shall be reported by a judge who has reviewed the case upon appeal or protest.
349.4. The reporter shall present the circumstances of the case, the content of the decree, ruling or protest, after which questions may be asked from the reporter and a procurator or defense counsel may comment on the case.
349.5. The bench of judges shall go into the conference room to issue a decree which shall be approved by a majority vote.
Article 350. Decision of the Court of Supervisory Instance
350.1. The court of the supervisory instance shall issue one of the following decisions:
350.1.1. leave the decree or ruling unchanged and dismiss the appeal or protest; 350.1.2. amend the decree or ruling;
350.1.3. annul the decree or ruling and transfer back the case for supplementary inquiry, investigation or new court litigation.
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.
Article 353. Competence of Court of Supervisory Instance
353.1. In reviewing and hearing of a case through supervisory procedure, a court shall review all the proceedings in the case in their entirety.
353.2. Despite the fact that several persons have been convicted in a case, but the complaint or protest is lodged with respect to only one or some of the convicts, the court shall be obliged to verify the case with respect to all the convicts.
353.3. The instructions of a court of supervisory instance shall be binding to be implemented by
supplementary inquiry, investigation or new judicial investigation.
353.4. The court of supervisory instance shall not have the right to establish or consider as proved facts which have not been established, or which have been rejected by the decree or ruling of courts of first or appellate instances and to consider any evidence more significant than other evidence, to predetermine a for a court of first instance the questions of which articles or paragraphs of the Criminal Law shall be applied and what sentence shall be imposed.
Article 354. Content of Decree
354.1. A decree of the court of supervisory instance shall meet requirements of Article 325 of this Law.
354.2. A decree of court of supervisory instance shall be signed by the bench of judges.
Article 355. Re-hearing of a Case After Annulling A Decree or Ruling
355.1. Re-hearing of a case after annulling a decree or ruling, shall be subject to normal procedures.
355.2. A complaint or protest may be lodged with respect to decree of a court issued after re-hearing of a case.
Article 356. Obligatory Review and Hearing by the Court of Supervisory Instance of a Case of
Person Sentenced to Death
356.1. Case of a person sentenced to death shall be obligatorily reviewed and heard through
supervisory procedure by the whole bench of judges of the Supreme Court irrespective of the fact of lodging complaint or protest.
Appeal against decision of acquittal or conviction or against sentence - national proceedings
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