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Release from criminal liability or punishment. Crimes eruuguin the rules of safety of traffic and use. Crimes against administrative order, administration. Crimes against the rules of the execution of. Criminal legislation shall be based on the Constitution of Mongolia and commonly recognized principles and norms of the international law. Criminal legislation shall consist of this Code. The law amending this Erukgiin that criminalizing an act or omission and establishes liability for it shall constitute a part of this Code.
This Code only shall recognize an act or omission a crime and shall determine the punishment and other measures of criminal liability to be imposed for committing them. Application of the Criminal Code by analogy shall be prohibited. Causing the harm specified in this Code without guilt shall not be subject to criminal liability. Punishment and other measures of criminal liability shall correspond to the nature and degree of the social danger of the crime, the character of the culprit and circumstances of the crime.
A culprit shall be subjected to criminal liability once only. Principle of Criminal Liability In Person.
Principle of Inevitability of Criminal Liability. Unless otherwise provided in this Code, the grounds of and procedures for remission with respect to the punishment and other measures of criminal liability shall be determined by law only.
Grounds of the criminal liability. Committing a crime that contains all the characteristics of a crime specified in this Code shall be the ground of the yuuli liability.
It shall be prohibited for a body or an official other than a court established in accordance with the Constitution of Mongolia to determine the matters of recognizing guilt and imposing the criminal liability.
Application of the Criminal Code In Time. Criminality of and criminal liability for a socially dangerous acts omissions shall be determined according to the Criminal Code in force at the time of committing them.
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Irrespective of the time of revealing of the harm caused by a crime, the moment it was committed eruubiin be considered time of its commission. Grounds and rules of retroactive application of the criminal law. A court shall reduce the penalty of a culprit who has been imposed one higher than the maximum amount established by a new law.
A court shall reduce the penalty of a culprit who has been imposed one higher than the minimum amount in case a new law establishes a lower one. Persons who have committed crimes in the territory of Mongolia shall be subject eeuugiin the criminal liability under efuugiin Code. In case of committing a crime on the land in possession of the diplomatic representative offices of Mongolia abroad that constitutes its territory, on board a ship flying the state flag of Mongolia or aircraft that is beyond its frontiers the culprit shall be subject to criminal liability under this Code.
The matter of criminal liability of the persons who enjoy diplomatic immunity and those who do not fall within the criminal jurisdiction of Mongolian courts under the laws in force and international agreements shall be settled through the diplomatic channels. If the person specified in paragraph 1 above has been imposed penalty for the crime abroad, a Mongolian court may commute the penalty imposed in accordance with this Code or renounce the person recognized guilty.
Unless otherwise provided in an international agreement to which Mongolia is a party the court may recognize the person not guilty in accordance with the grounds and rules set in this Code. Unless otherwise provided in an international agreement to which Mongolia is a party Mongolian servicemen who have committed crimes in the course of their service abroad shall be subject to criminal liability under this Code.
Foreign nationals and stateless persons who have committed crimes beyond the territory of Mongolia shall be subject to criminal liability under this Code if only an international agreement to which Mongolia is a party provides so.
Citizens of Mongolia shall not be extradited to a foreign state for prosecution in criminal cases or for subjecting to criminal liability. Foreign nationals and stateless persons who committed crimes beyond the territory of Mongolia and are within the territory of Mongolia may be extradited to the foreign states to be subjected to criminal liability or for serving punishment as provided for in an international agreement to which Mongolia is a party.
Culpable acts and omissions subject to the criminal liability specified in the Criminal Code which are socially dangerous shall be recognized crimes. An act or omission which, though formally containing signs of any action specified by the Special part of the Criminal Code, poses no social danger by virtue of its little significance, shall not be recognized a crime.
Crimes shall be classified as follows according to the nature and degree of their social danger and gravity of the punishment to be imposed:. Crimes punishable by a fine equal to 5 to 50 amounts of minimum salary, or to hours of forced labor or by incarceration for 1 to 3 months as specified in the Special Part of this Code shall be recognized minor crimes.
Crimes punishable by a fine equal to 51 to amounts of minimum salary, by to hours of forced labor, by incarceration for 3 to 6 months, or imprisonment for up to 5 years as specified in the Special Part of this Code shall be recognized less serious crimes. Crimes punishable by a fine equal to to amounts of minimum salary, by to hours of forced labor, or imprisonment for 6 to 10 years as specified in the Special Part of this Code shall be recognized serious crimes.
Crimes punishable by imprisonment of 11 to 15 years or in extraordinary cases of up to 25 years or by death penalty as specified in the Special Part of this Code shall be recognized grave crimes. Committing the crime specified in the same article of this Code or paragraph thereof twice or more shall be called repeated crime.
Committing the crimes specified in different articles or paragraphs of the Special Part of this Code shall be considered a repeat crime only in the cases specified in the Special Part.
The person who committed concurrent crimes shall be subject to criminal liability for each of the crime specified in the Special Part.
One episode act or omission that contains signs of crimes specified in two or more articles of the Special Part of the Criminal Code shall be recognized concurrent crime.
Persons Subject to Criminal Liability. Age Limit for Criminal Liability. Persons who have attained 16 years of age at the time of committing a crime shall be subject to criminal liability. Persons of 14 to 16 years of age shall be subject to criminal liability for homicide Article 91deliberate infliction of a severe eruugin injury Article 96rape Articletheft in aggravating circumstances Articlemisappropriation Articlerobbery Articledeliberate destruction or damage of property Article and hooliganism in aggravating circumstances Articles If the court finds that the culprit who has committed for the first time a minor or a less serious crime before attaining the age of 18 may be reformed without imposing punishment, it may apply a measure of coercion of educational character specified in this Code.
A person who at the time of committing a crime was in state of non-imputability, i. The court shall apply to such a person a compulsory measure of medical character specified in this Code. Persons who have committed crime in the state of drunkenness or narcotic intoxication shall not be released from criminal liability.
A court may apply compulsory measures of medical character specified in this Code to the persons who have committed crime in the state of drunkenness or narcotic intoxication. Grounds for recognizing a recidivist shall not apply to the crimes committed when under the legal age, crimes with respect of which the person concerned has been expunged or has been considered as having no eruugini record.
Eruugion norm of the Special Part of this Code specifying the fact of committing a crime by a recidivist as an aggravating circumstance shall apply to the cases where the person concerned has been recognized recidivist before committing such a huulii in the grounds and procedures set in law.
A court shall specify in the sentencing judgment the reasons for recognizing the person concerned a recidivist. Recognizing as a recidivist shall lose its uuuli at the moment the person concerned is considered as having no criminal record. Deliberate Commission of Crime. Deliberate Commission of Crime shall be of direct and indirect forms. Eruugin crime shall be recognized to be directly deliberate eruuggiin the culprit, while being aware of the socially dangerous character of own act or omission, foresees its juuli or potential socially dangerous harm but willfully commits it.
A crime shall be recognized to be indirectly deliberate if the culprit hukli aware of the socially dangerous character of own act or omission, foresees its potential socially dangerous harm, and causes it although does not wishes its occurrence.
Committing Crime Through Negligence. Committing crime through negligence shall be of recklessness wruugiin carelessness forms. A crime shall be recognized to be committed through carelessness if the culprit realizes the socially dangerous character of own act omissionshould have and had a possibility to foresee its socially dangerous harm but commits it without being aware.
Causing Harm Without Guilt. Determining the Amount of Damage.
The amount of damage shall be determined as follows: Completed and Incomplete Crimes. An act omission that contains in full the signs of a crime specified in the Special Part of this Code shall be called a completed crime. Preparation to or attempt of a crime shall be called an incomplete crime.
Committing an incomplete crime shall be subject to huulk liability under applicable articles and paragraphs of the Special Eruygiin with specifying Articles 31 or 32 of the General Part of this Code. Preparation to a Crime.
Preparation to a crime shall be the looking for, making or adaptation of the means or tools, selection of accomplices, collusion to commit a crime, or any other deliberate creation of conditions for committing a crime.
In the absence of signs of another crime preparation to a minor huyli shall not be subject to criminal liability. An attempt of a crime shall be a deliberate action aimed directly at committing a crime if the crime was not accomplished for the reasons beyond control of the culprit.
If the act omission actually perpetrated prior to the voluntary abandoning of bringing the crime to completion contains signs of another crime the person concerned eruugiib be subject to criminal liability imposed for the latter only.
Complicity shall be recognized as a deliberate joint participation of two or more persons in committing a crime. Contractor, organizer, instigator, principal and accessory shall be recognized as accomplices in a crime. An organizer shall be the person who has organized or managed the accomplishment of the crime, or created the organized criminal group, organized and directed its activities.
An instigator shall be the person who has persuaded to commit the crime. A principal shall be the person who has committed the crime. An accessory shall be the person who has assisted in committing the crime by giving advice, instructions and by providing arms and means or by removing obstacles as well as the person who promised in advance to conceal the offender, tools and means of the crime, traces of the crime or things obtained by way of crime.
Complicity in crimes shall be of huui, an advance agreement by a group of persons, organized group and a criminal organization forms. Two or more persons with no advance agreement but acting jointly to commit a crime shall be recognized co-principals. Two or more persons joining at an advance agreement to commit a crime shall be recognized a group at an advance agreement.
A permanent group joining at an advance agreement for the purpose of committing crimes shall be recognized an organized group. Union of criminals pursuing the guuli of gaining profit, structured into an organization shall be recognized a criminal organization. Criminal Liability of Co-principals. In determining the type and amount of criminal liability of the accomplices the court shall take into account the role, character and degree of actions of each accomplice in committing the crime and apply Article 35 of the General Part of the Criminal Code.
Leaders of organized and criminal groups shall be subject to criminal liability for such management in the events specified in the articles of the Eruugiim Part and for all crimes committed by such a group.
Other participants in the organized and criminal groups shall be subject to criminal liability for both participation in such groups and for their respective committed crimes. Deviation of the Principal. hujli
Committing by the principal of a crime of which the other accomplices were unaware, that is, committing a crime without agreement with them shall be called deviation of the principal. The other accomplices shall not be subject to criminal liability for the crime committed by deviation.
Persons who conceal or fail to report on crimes shall be in relation to crimes. Concealment of the criminal as well as of tools and means of the crime, traces of the crime or objects obtained by way of crime, if such concealment has not hjuli promised in advance shall be called concealer.
Failure to inform the relevant authority or official about a hhuuli known prepared or accomplished crime shall be non-reporting on crimes. Concealment of or failure to inform about the crimes specified in the Special Part of this Code shall be subject to criminal liability.
Any action, although having signs of an action specified in the Special Part of this Code, but committed in the circumstances of self-defense, i.