PART XI
MISCELLANEOUS
CHAPTER FORTY FOUR
COMPENSATION OF DAMAGES CAUSED DUE TO UNLAWFUL ACTIONS OF INQUIRY OR INVESTIGATION AGENCY, PROCURATOR'S OFFICE OR COURT DURING CRIMINAL PROCEEDINGS
Article 388. The Right for Compensation of Damages
388.1. Citizen of Mongolia, foreign citizen, stateless person shall have the right for compensation of
property damages, mental consequences caused due to unlawful actions of inquiry officer, investigator, procurator or a judge and to have restored the right for pension, benefits, possession of dwelling and other rights.
Article 389. Grounds for compensation of damages
389.1. Damages caused to a citizen because of unlawful sentencing, arrest, confinement under guard, unlawful termination of his/her professional duties, keeping in medical institution, or compelled treatment shall be the responsibility of the State and compensated by the State irrespective of degree of guilt of the inquiry officer, investigator, procurator or court.
389.2. In following situations the right for compensation shall commence:
389.2.1. if a arrested or confined under guard person has been released because his/her perpetration of a crime was not proved;
389.2.2. if court decree on acquittal has been issued;
389.2.3. if the case was dismissed because the crime does not have elements of crime, or the person's perpetration of the crime was not proved;
389.2.4. if unlawful decree of court on taking compulsory measures of medical nature was annulled.
389.3. Provision of Article 389.1. of this Law shall not be applicable if a person was released under
amnesty law from criminal charge, conviction, and other responsibilities, or because the review of his/her case was terminated, or he/she was pardoned, or the statute of limitation has been expired, or he/she has not reached the age to be charged with criminal responsibilities, or the case was dismissed because of adoption of a law that does not impose or changes criminal responsibilities for the particular crime or reduces penalty.
389.4. The State shall not be responsible for non- direct damages caused by illegal activities.
389.5. Inquiry officer, investigator, procurator and judge shall be imposed responsibilities provided by law for illegally causing damages to a person.
389.6. If action or inaction of the official described in Article 389.5. of this Law that illegally caused
damages to a person is proved, according to a proper procedure, to be a crime the property damages shall be fully compensated by the guilty person.
Article 390. Compensation of Property Damages
390.1. Following property damages shall be compensated:
390.1.1. an average wage or other labor incomes that served as the main source of living for a citizen who did not get them due to unlawful actions;
390.1.2. pensions and benefits terminated to unlawful imprisonment sentence;
390.1.3. property confiscated and appropriated to the state budget by a court decision, or allocated to an inquiry or investigation agency;
390.1.4. fine paid in enforcement of court sentencing decree, and costs of investigative actions or other costs reimbursed by a citizen;
390.1.5. fee for legal assistance.
390.2. Damages described in Articles 390.1.1., 390.1.4., and 390.1.5. of this Law shall be reimbursed from the state budget.
390.3. The amount of damages to be compensated shall be determined by deducting the citizen's wage received during service of the sentence or wage and fees for other jobs after being dismissed from the previous job.
390.4. Pensions and benefits terminated due to sentencing shall be paid by social insurance agency or other relevant agencies.
390.5. Property described in Article 390.1.3. of this Law shall be returned back physically by inquiry or investigation agency, or procurator's office or court and if this is not possible, its initial value shall be determined and paid from the state budget.
390.6. Value of a property shall be determined by the value existing at the time of making decision for compensation.
390.7. If a property is damaged, the damages shall be fully compensated.
Article 391. Elimination of consequences of mental damages
391.1. Non property damages shall be compensated according to rules provided by Civil Law.
391.2. Amount of non property damages shall be determined taking in view the circumstances of the case and according to rules provided by Civil Law.
391.3. Claim for cash compensation of damages caused mentally shall be lodged according to rules provided by Law on Resolving Civil Cases in Court.
Article 392. Restoration of Title and Award
392.1. If court establishes that military or other titles and awards were abolished unlawfully, the
institution that granted the title or award shall restore it based on the court decision.
Article 393. Compensation of Damages to Legal Entity
393.1. Damages caused to a legal entity due to unlawful actions of inquiry or investigation agency, or procurator's office or court shall be the responsibility of the State as provided in this Chapter.
Article 394. Giving out a Writ on Violation of Law
394.1. If a criminal case is dismissed because a decree of acquittal is issued, the crime is not committed or the elements of the crime or participation in the crime was not proved, court and procurator shall be obliged to explain the citizen on rules of restoration of violated rights and compensation for other damages and, if requested by the citizen, to give out a writ to the organization where he/she works on their decision within 1 month.
394.2. If sentencing, arrest, confinement under guard of a citizen, or temporary suspension of his/her official duties or keeping him/her in a medical institution are proved to be unlawful after the media has published on such actions, relevant judicial institution or law enforcement agency shall inform and make correction through the media tools within 10 days.
Article 395. Explanation of Rights for Compensation of Damages
395.1. Copy of decree on acquittal or on dismissing a criminal case or on annulling and changing other unlawful decisions shall be handed over to an interested party or shall be sent by mail.
395.2. An explanation note on the rules for compensation of damages shall be sent together with the copy of decree described in Article 395.1. of this Law and the note shall mention the right to claim with respect to actions in violation of law, the time limit for approaching court and the court jurisdiction.
Article 396. Submission of Claim for Compensation of Damages
396.1. Submission letter on compensation of damages caused due to unlawful actions may brought in by the citizen him/herself or his/her legal representative or authorized representative of the citizen or an defense counsel.
396.2. If a minor person who has not reached adult age is acquitted, the submission letter on
compensation of damages shall be brought in by his/her legal representative.
396.3. Submission letter on compensation of property damages shall be brought in within 3 days after receiving a decree of acquittal, decree or ruling on dismissal of a case.
396.4. Submission letter for restoring of other rights may be brought within 1 year after the note
explaining the citizen's rights was handed over to /him/her.
396.5. If the time limits described in Articles 396.3., and 396.4. of this Law was exceeded due to
respectful reasons an inquiry officer, investigator, procurator and court may renew it based upon a submission letter of an interested party.
396.6. Victim shall bring in his/her claim to the court of area where he/she resides.
396.7. In situations where a citizen has died, his/her right for compensation of property damages shall pass to his/her heir and terminated pension and benefits shall pass to a family member who has the right for pension due to loss a of a breadwinner.
396.8. Claim for compensation, by faulty officials, of property damages caused to the State due to
actions of inquiry or investigation agencies, procurator's office and court shall be lodged to a court by relevant organization and according to rules provided by Law on Resolving Civil Cases in Court.
396.9. The plaintiff who brings in claims for compensation of damages described in this Chapter, shall be relieved from paying court costs.
Article 397. Reviewing and Resolving Submission Letter on Eliminating Damages
397.1. Submission letter on eliminating damages caused due to actions in violation of law shall be
reviewed and resolved through procedure of special action provided by Law on Resolving Civil Cases in Court.
Compensation - national proceedings
EDIT.