(2022.11.01-ний өдрийн орчуулга)                                                   Unofficial translation

LAW OF MONGOLIA

June 09, 2017                                                                                           Ulaanbaatar city

ON THE PROSECUTOR

/Revised edition/

CHAPTER ONE

GENERAL PROVISION

Article 1.Purpose of the law

1.1.The purpose of this Law is to establish the legal basis for the ensuring functions, powers, principles of operation, and guarantees of the prosecutors, and the system, organizational structure and the independence of prosecutor's organization.

Article 2.Legislation on Prosecutor

2.1.The legislation on Prosecutor shall consist of the Constitution of Mongolia, this Law and legislation enacted in conformity with these laws.

2.2.If an international treaty to which Mongolia is a party provides otherwise than this Law, the provisions of the international treaty shall prevail.

Article 3.Principles of the prosecutor's activity

3.1.The prosecutors shall adhere to the following principles in their activities:

3.1.1.to apply the law thoroughly;

3.1.2.to protect human rights and freedom, and the public interest;

3.1.3.to have a unified centralized management;

3.1.4.to be impartial and independent;

3.1.5.to be transparent and open.

Article 4.To apply the law thoroughly

4.1.In their activities, the prosecutor shall adhere the Constitution of Mongolia and laws enacted in conformity therewith, and ensure to apply the law thoroughly regardless of the specifics of localities, sectors and organizations.

4.2.The activities of the prosecutor shall be regulated in detail by the law, procedures, and methodological instructions issued in accordance with it.

Article 5.To protect human rights, freedom and the public interest

5.1.In performing their duties provided by law, the prosecutor shall protect human rights, freedom and the public interest, and take measures to prevent their violation, and to restore violated rights.

Article 6.To have a unified centralized management

6.1.The prosecutor shall be accountable to a higher-level prosecutor. The prosecutor shall comply with the higher-level prosecutor's legal decisions and assignments.

6.2.A higher-level prosecutor shall have the right to review and resolve complaints about the activities and decisions of the prosecutor, and to annul, amend and return an illegal and unfounded decisions.

6.3.Unless otherwise provided by law, a certain power of a higher-level prosecutor may be transferred to other prosecutors by the decision of the General Prosecutor of Mongolia.

6.4.The General Prosecutor of Mongolia, his/her Deputies, Assistant Prosecutors, the General Prosecutors of aimags, the capital city, districts, soums or inter-soums, and specialized prosecutor's offices shall be understood as higher-level prosecutors.

Article 7.To be impartial and independent

7.1.The prosecutor shall make their decision impartially in accordance with the law.

7.2.It is prohibited to interfere and influence a prosecutor's decision and activity, or pressure them to make an illegal decision.

7.3.Officials, person, and legal entities are prohibited from illegally influencing or interfering in the activities of the prosecutor's organization.

Article 8.To be transparent and open

8.1.Prosecutors' decisions on matters other than those classified confidential by law, shall be transparent.

8.2.Except for cases that adversely affect to the case proceedings and/or are prohibited by law, the prosecutor and the relevant official with the permission of the prosecutor may provide information on the course of the case proceedings and decisions to the public, officials, person and legal entities.

Article 9.Execution of the prosecutor's decision

9.1.Persons, legal entities and officials shall be obliged to comply with a prosecutor's decision made in accordance with the grounds and procedures provided by law.

9.2.If there is a disagreement with the prosecutor's decision, a compliant may be filed to a higher-level prosecutor in accordance with the grounds and procedures provided by law.

9.3.A complaint against a prosecutor's decision to a higher-level prosecutor shall not be grounds for refusing to comply with it.

Article 10.Mandatory review of lower-level prosecutors' decisions by higher-level prosecutors

10.1.The higher-level prosecutor shall review the decision of the lower level prosecutor in the following cases compulsorily:

10.1.1.an investigator made a proposal and an attorney submitted a request;

10.1.2.a person, legal entities and officials submitted complaints and information;

10.1.3.the inquiry case was closed, the investigation case was dismissed or suspended;

10.1.4.the prosecutor conducted a supervisory inspection;

10.1.5.the court annulled the prosecutor's assessment in connection with the execution of the conviction decision of the court;

10.1.6.the public prosecutor refused to accuse at the court hearing;

10.1.7.the court changed the classification of the case;

10.1.8.the defendant was acquitted.

CHAPTER TWO

ACTIVITIES OF THE PROSECUTOR

Article 11.The prosecutor's review over the inquiry of violations

11.1.The prosecutor shall exercise the following review over the inquiry of violations:

11.1.1.whether the process of receiving and registering complaints and information on violations is in accordance with the law;

11.1.2.whether the inquiry of violations is being carried out in accordance with the grounds and procedures provided by law;

11.1.3.whether the law is being applied correctly during the inquiry of violations;

11.1.4.whether human rights and freedom is being maintained during process the inquiry of violations;

11.1.5.whether the right restrictive measures are taken in accordance with the grounds and procedures provided by law;

11.1.6.whether the authorized official is applying coercive measures in accordance with the grounds and procedures provided by law.

Article 12.The prosecutor's powers on review the inquiry of violations

12.1.In reviewing the inquiry of violations, the prosecutor shall exercise the following powers in addition to those specified in the Law on Violations Resolving Procedure:

12.1.1.to register complaints and information on violations and assign numbers to the violation case;

12.1.2.to establish jurisdiction to the violation inquiry and its review;

12.1.3.to review the case and materials of the violation on the basis of the participant's complaint and other grounds;

12.1.4.to annul unjustified coercive measures taken by an authorized official;

12.1.5.to resolve complaints and requests related to the inquiry of violations;

12.1.6.to verify the implementation of the law in the inquiry of violations;

12.1.7.others specified by law.

Article 13.Methods and forms of the prosecutor's review over the inquiry of violations

13.1.Review over the inquiry of violations shall be exercised in the following methods and forms:

13.1.1.to keep records of review work;

13.1.2.to obtain the research of the organization and authorized official conducting the inquiry of violations and get involved them under the review;

13.1.3.to get acquainted with and review cases and materials of the violation inquiry;

13.1.4.to inspect the investigation process of the organization authorized to conduct inquiry of violations.

Article 14.The prosecutor's supervision over the inquiry and investigation of the criminal case

14.1.The prosecutor shall review the following review over the inquiry and investigation of a criminal case:

14.1.1.whether the process of receiving, registering, inspecting and resolving complaints and information on crimes received by the inquiry and investigation organization is in accordance with the law;

14.1.2.whether the inquiry and investigation proceeding is being conducted in accordance with the grounds and procedures specified in the Law on Criminal Procedure;

14.1.3.whether the Criminal Code is correctly applied in inquiry and investigation proceeding;

14.1.4.whether human rights and freedom have been maintained in the inquiry and investigation proceeding;

14.1.5.whether there are grounds and requirements to conduct an investigation with the prosecutor's permission;

14.1.6.whether there are grounds and requirements to take preventive measures, call in, arrest or force summon;

14.1.7.whether there are legal grounds to take protective measures to protect witnesses and victims.

Article 15.The prosecutor's powers on reviewing inquiry and investigation

15.1.When reviewing an inquiry and an investigation, the prosecutor shall exercise the following powers in addition to those specified in the Law on Criminal Procedure:

15.1.1.to assign a number to a criminal case;

15.1.2.to establish jurisdiction to review inquiry and investigations;

15.1.3.to establish a joint working group of organizations authorized to conduct inquiry and investigation;

15.1.4.to resolve proposals made by investigators in the course of inquiry and investigation;

15.1.5.to amend or annul the decision of an investigator or prosecutor in accordance with the grounds and procedures provided by law;

15.1.6.in urgent cases, to review whether the investigation conducted without the permission of the prosecutor was conducted in accordance with the law and to decide whether to consider it valid or not;

15.1.7.to have unimpeded access to the premises of arrest, jail and detention at any time, to meet personally with an arrested, detained or imprisoned person, to immediately release a person who has been illegally arrested, put into custody or detained, or person was imprisoned for a longer period than specified by law and court decision;

15.1.8.to submit a proposal to impose a liability on officials who fail to comply with the prosecutor's decision;

15.1.9.to conduct a prosecutor's review and supervision;

15.1.10.to study the implementation of criminal legislation;

15.1.11.to make an assessment if a prosecutor has issued a bill of indictment in the crime that has resulted in death of a person due to domestic violence or decided to dismiss the criminal case;

15.1.12.others specified by law.

Article 16.Form and method of the prosecutor's review over the inquiry and investigation

16.1.Review over inquiry and investigation shall be carried out in the following methods and forms:

16.1.1.to keep records of review work;

16.1.2.to get acquainted with and review cases and materials of inquiry and investigation;

16.1.3.to conduct inspections and research on the implementation of the law;

16.1.4.to personally participate in inquiry and investigation proceeding.

Article 17.The prosecutor participating in court hearing on behalf of the state

17.1.The prosecutor shall participate in the following court hearings on behalf of the state if it is provided by law:

17.1.1.violation resolving procedure by court;

17.1.2.criminal cases resolving procedure by court;

17.1.3.administrative and civil cases resolving procedure by court.

Article 18.Participating in court hearing to resolve a violation

18.1.The prosecutor shall participate in court hearing to resolve violations in accordance with the grounds and procedures provided by law.

18.2.If a prosecutor deems that the state interests have been violated, he/she shall participate on behalf of the state in court hearings at the request of the state organs.

18.3.The prosecutor shall make requests to the court to involve other persons in the court hearings, to take testimony from witnesses, and to examine other evidence, and make proposals on the sequence of the court hearings.

18.4.When participating in the court hearing, the prosecutor shall provide with explanations in respect to his/her requests, the decisions on imposing a penalty, their legal grounds, and the compulsory enforcement of the decision on applying coercive measures.

Article 19.Participating in a criminal case resolving proceeding by court

19.1.The prosecutor shall participate in the preliminary hearing of the court and make proposals and requests in accordance with the Law on Criminal Procedure.

19.2.The prosecutor shall prove whether the defendant is guilty in committing a crime or not in the court.

19.3.The public prosecutor shall support the indictment based on the evidence, in accordance with the law, and shall be guided by his/her own truthful belief.

19.4.During the court hearing, if the advocate or other participants asked a leading, persuading, and repeated same question, or asked a question not relevant to the case, or made a proposal based on evidence not gathered in the case file, an objection shall be made to the presiding judge by the prosecutor.

19.5.If the defendant refuses to testify during the court hearing, his/her testimony significantly contradicts with the testimony given during the inquiry and investigation, or the case is heard without his/her participation, the testimony given at the inquiry and investigation stage shall be read aloud.

19.6.In the course of the evidence examination, a prosecutor may propose to take a certain investigative operation which can be remedied during court hearing.

19.7.Whether the defendant's actions or inactions are prepared, attempted, or completed the commission of a crime, and if the crime was committed in a group, a prosecutor shall make an assessment on guilt, sentencing, punishment to be imposed, and coercive measures to be applied by taking into consideration of contribution, nature and extent of performed roles and actions of each participant.

19.8.If the public prosecutor is unable to attend the court hearing, the higher-level prosecutor shall appoint another prosecutor.

Article 20.Protecting the state and public interests

20.1.A prosecutor shall participate in administrative and civil court proceedings as a plaintiff or a third party at the request of a state authority if he/she considers that the state interest was violated, or at the request of a state authority or on their own initiative if he/she considers the public's interest was violated.

20.2.When the prosecutor is implementing his/her duties to protect upon representing the state and public interests, he/she shall have a right to conduct certain operation to collect evidence, to obtain relevant evidentiary documents and expert opinions from citizens, organizations and officials within the scope of his/her powers granted by law.

20.3.When participating in civil proceedings, a prosecutor shall have rights and obligations specified in Articles 25 and 26 of the Law on Civil Procedure.

20.4.The prosecutor shall participate without a power of attorney if he/she is representing the state and public interests on their own initiative.

Article 21.Powers to represent the state in court

21.1.The prosecutor shall participate in a court hearing with the following powers:

21.1.1.to make proposals and assessments at court hearings and court discussion;

21.1.2.to present evidence to be examined and to make proposals on the sequence of the court hearing;

21.1.3.to submit a request to disqualify a judge on the grounds provided by law;

21.1.4.to ask questions from defendants, witnesses, victims, civil plaintiffs, civil defendants and experts;

21.1.5.to examine evidence;

21.1.6.to provide evidence to the court;

21.1.7.to accuse or refuse to accuse;

21.1.8.to get acquainted with the minutes of the court hearing and make proposals to amend them;

21.1.9.to file a statement of defense against a participant's appeal and complaint for cessation instance proceedings;

21.1.10.to file a complaint or protest against a court decision or to withdraw it;

21.1.11.to submit to the court assessment and request to reopen the case due to newly discovered circumstances;

21.1.12.to file claim, explanations, requests and complaints to court;

21.1.13.others specified by law.

21.2.Several prosecutors may participate in the court hearing, in which case the senior prosecutor shall be appointed by the higher-level prosecutor.

Article 22.Review over the execution of the punishment

22.1.The prosecutor shall review over in the following proceedings of execution of the punishment:

22.1.1.whether the proceedings of imprisonment and execution of the punishment other than imprisonment, and enforcement of reprieve and applying coercive measures are being carried out in accordance with the law;

22.1.2.whether the legislation related to execution of the punishment has been applied correctly;

22.1.3.whether human rights and freedom have been violated in the proceedings of execution of the punishment;

22.1.4.whether the enforcement of decisions on arrest and detention is in accordance with the conditions and procedures established by law.

Article 23.The prosecutor's powers to review over the execution of the punishment

23.1.In addition to those specified in the relevant law, the prosecutor shall exercise the following powers in reviewing the execution of the punishment:

23.1.1.to have unimpeded access at any time to a penitentiary institution, compulsory place, pre-trial detention, arrest, detention center, prison and special corrective and educational institution;

23.1.2.to get acquainted with decisions and other documents issued by officials in connection with execution of punishment, and enforcement of coercive measures and measures of restraint, to annul illegal decisions, investigate such matters and to transfer the matter to the relevant authority for the investigation;

23.1.3.to meet with convicts and detainees in person and to obtain explanations from convicts and detainees if necessary;

23.1.4.to personally get acquainted with and to inspect the implementation of execution of the punishment, coercive measures and preventive measures of detention, and to be eliminated violations detected;

23.1.5.to involve relevant professional organizations in inspections when necessary;

23.1.6.to resolve requests and complaints of convicted and detained persons and other persons, and to restore violated rights;

23.1.7.to make an assessment related to the proposal issued in connection with enforcement of conviction decision of the court, execution of the punishment, extradition of a citizen of Mongolia sentenced with penalty of imprisonment or the implementation of coercive measures, and to participate in court hearings;

23.1.8.to obtain necessary documents, references and explanations from organizations and officials in connection with execution of the punishment, coercive measures and detention preventive measures;

23.1.9.to immediately release a person detained, arrested or temporarily detained in violation of the grounds and procedures specified in the Law on Criminal Procedure;

23.1.10.to appoint an expert and obtain an opinion in cases specifically provided by law;

23.1.11.to demand the court to submit a conviction decision or acquittal decree within the period specified by law;

23.1.12.to monitor whether the human rights and freedom during the execution of punishment, whether the actions related to affect rights of premises and property inviolability, and disposal of property are carried out in accordance with the grounds and procedures specified by law;

23.1.13.to review and resolve proposals, requests and assessments related to enforcement of the conviction decision of the court;

23.1.14.to monitor decisions made by an authorized official of a court decision enforcement agency in connection with the execution of a punishment;

23.1.15.to file a prosecutor's demand to eliminate the violations committed during the process of the execution of a punishment and the reasons and circumstances that contributed to them;

23.1.16.to issue a permission to transfer a convict to an authority authorized to conduct an investigation;

23.1.17.to review material and issue permission for prisoners to work without security/supervision, and to get acquainted with proposals on prisoners to be worked under contract;

23.1.18.to review and resolve proposals on extradition of a foreign citizen serving a prison sentence in accordance with the international treaty, and on the receipt of a Mongolian citizen executing a punishment abroad, and issue an assessment at the court hearing;

23.1.19.to issue a permission to change a detainee's room.

Article 24.Review methods and forms in the execution of the punishment proceedings

24.1.The prosecutor shall review the execution of the punishment in the following methods and forms:

24.1.1.to keep records of review work;

24.1.2.to get acquainted with the implementation of the law, inspect and conduct research;

24.1.3.to get acquainted with the personal files and materials of a person sentenced to imprisonment or punishment other than imprisonment and review them;

24.1.4.to obtain information, research, documents, explanations and references from organizations and officials;

24.1.5.when necessary, obtain professional assistance from relevant organizations and officials and implement reviewing activities.

Article 25.Review covert operation of investigations and intelligence activity

25.1.The State Prosecutor General and the prosecutor specifically authorized by him/her shall exercise the following review over the secret/covert operation of investigation and intelligence activity:

25.1.1.to review whether the secret operation of investigation specified in the Law on Criminal Procedure is being conducted in accordance with the grounds and procedures specified in the law;

25.1.2.to review the intelligence activity in accordance with Article 23 of the Law on Intelligence activity;

25.1.3.to review the implementation of instructions and procedures for intelligence activity and secret operation of investigations, within the scope of powers provided by law.

25.2.The prosecutor shall have the following powers in reviewing over a secret operation of investigation and intelligence activity:

25.2.1.to monitor whether the opening and closing of secret operation of investigation and intelligence activity cases are conducted in accordance with the grounds and procedures specified in the law;

25.2.2.to review the unified statistics of special equipment for intelligence activity;

25.2.3.to review the unified statistics of secret operation of investigation and intelligence activity;

25.2.4.to review whether the secret operation of investigation conducted by the competent authority is conducted in accordance with the grounds and procedures provided by law;

25.2.5.to get acquainted with the request to conduct a secret operation of investigation and intelligence activity from the competent authority, to issue consent, to refuse to issue consent, to extend or terminate the operation, and to review the results;

25.2.6.to get acquainted with relevant materials of secret operation of investigation and intelligence activity;

25.2.7.to review and verify the investigator's examination;

25.2.8.to write assignments to the competent authority to carry out secret operation of investigation and intelligence activity;

25.2.9.to review and resolve the investigator's proposal to validate the secret operation of investigation conducted in urgent cases;

25.2.10.to carry out supervision and inspections on the competent authority authorized to conduct secret operation of investigation and intelligence activity within the scope of powers specified in the law;

25.2.11.to review complaints about violations of human rights and freedom during secret operation of investigation and intelligence activity, or about violations of the law by employees of the competent authorities, and to take measures to be imposed liabilities on the faulty persons.

25.3.The following matters shall be reflected in making the decision specified in Article 25.2.5 of this Law:

25.3.1.appropriate measures, its grounds and purpose, information on relevant persons, contact telephone number to be monitored, type of postal service or address of the residence to be examined, required time and special equipment to be used;

25.3.2.grounds for impossibility or difficulty in detecting and documenting the act and activity by other means;

25.3.3.whether the measures was previously organized in connection with such person.

25.4.Upon completion of the measures organized by the intelligence organization, the prosecutor who issued the consent shall be notified.

25.5.Prosecutor's review over the intelligence activity provided for in this Article shall not include information related to any other types of intelligence activities, unified statistic of intelligence activities, as well as assistants, assistant officers, secret intelligence officer and undercovers of other intelligence organ except for the operations of the Intelligence Agency specified in Article 23 of the Law on Intelligence activity.

CHAPTER THREE

MUTUAL LEGAL ASSISTANCE, OPERATIONS TO TRANSFER A CRIMINAL OR A CONVICTED PERSON

Article 26.Mutual legal assistance in criminal matters, transfer of a criminal or a person who has been sentenced to imprisonment

26.1.Unless otherwise provided by an international treaty, the Central Prosecutor's Authority shall be the main body responsible for organizing the following criminal proceedings:

26.1.1.mutual legal assistance in criminal matters;

26.1.2.to transfer or receive a person for the purpose of executing a decree;

26.1.3.to transfer a person sentenced to imprisonment to serve their sentence in their home country and to extradite a citizen of Mongolia.

26.2.A prosecutor may perform legal actions specified in Articles 26.1.1, 26.1.2 and 26.1.3 of this Law in accordance with international treaties and agreements, and in cases not regulated by international treaties, may provide mutual legal assistance in criminal cases based on the principle of reciprocity.

Article 27.The prosecutor's powers to review activities on providing mutual legal assistance in criminal matters and the transfer of a criminal or a person who has been sentenced to imprisonment

27.1.The prosecutor shall have the following powers to review the activities specified in Article 26 of this Law:

27.1.1.to receive requests, forward it to the competent authority and transfer it to the relevant authority for execution;

27.1.2.to review whether request shall be executed, decide and issue permission;

27.1.3.to review the execution of the request;

27.1.4.to set a time limit for the execution of the request and extend the time.

Article 28.Review the provision of mutual legal assistance in criminal matters

28.1.The prosecutor shall receive requests for mutual legal assistance in criminal matter and shall review the following issues:

28.1.1.whether the request meets the requirements of the law and international treaties of Mongolia;

28.1.2.whether there are reasonable grounds to refuse the request;

28.1.3.whether there are adequate amount of information to properly execute the request.

28.2.The prosecutor shall review the receive request for mutual legal assistance in a criminal case submitted from a foreign country, instruct the competent authority to execute it, and supervise it.

28.3.The prosecutor shall forward requests for mutual legal assistance in a criminal case competent authority of the foreign country and demand the execution.

28.4.The prosecutor shall decide whether to extend the time limit for the execution of a request for mutual legal assistance in a criminal case submitted from a foreign country.

Article 29.Review the transfer and extradition of a criminal

29.1.The prosecutor shall receive requests for transfer and extradition of a criminal and shall consider the following issues:

29.1.1.whether the request to transfer and extradite the criminal complies with the requirements of the law and international treaties of Mongolia;

29.1.2.whether there are grounds to refuse to extradite the criminal;

29.1.3.whether the documents required for transfer or extradition of a criminal meet the requirements specified in the law and international treaties of Mongolia.

29.2.The State General Prosecutor shall make a decision to search, find, transfer and extradite a criminal on his/her own initiative or on the basis of a proposal of a relevant organization.

29.3.The prosecutor shall have the following powers in the process of transfer and extradition of a criminal:

29.3.1.to submit a request to transmit a competent foreign authority for extradition of a Mongolian citizen who has committed a crime;

29.3.2.to assign the competent authority to take certain actions based on the request to extradite a foreign citizen who has committed a crime;

29.3.3.to submit to the court a proposal to arrest or detain a foreign citizen or stateless person who has committed a crime;

29.3.4.to release a detainee if they have not been transferred within the period specified by law;

29.3.5.upon receipt of the decision on extradition of a criminal from a foreign authority, the date, time and place of extradition shall be negotiated between the competent authorities;

29.3.6.to be executed by the police organization to extradite the criminal under the assignment of the prosecutor.

29.4.If the person eligible to be transferred has committed a crime in the territory of Mongolia, the transfer shall be postponed until the final decision of the case, and if the person to be transferred is serving an imprisonment sentence in the territory of Mongolia, the sentence shall be postponed by the decision of the State General Prosecutor until the sentence is served or released.

29.5.The person may be transferred if he or she obstructs the investigation of the crime or the statute of the period for limitations expires.

Article 30.Review the transfer and extradition of a person sentenced to imprisonment

30.1.The prosecutor shall receive materials on extradition and transfer of a person sentenced to imprisonment from the competent authority and review the following issues:

30.1.1.whether the person sentenced to imprisonment has requested to continue serving his/her sentence in his/her home country;

30.1.2.whether the documents required for the extradition or transfer of a person sentenced to imprisonment meet the requirements specified in law and international treaties of Mongolia;

30.1.3.whether there are grounds to refuse to transfer a person sentenced to imprisonment.

30.2.The State Prosecutor General shall issue a decision on extradition and transfer of a person sentenced to imprisonment.

30.3.The organization of the extradition and transfer of a person sentenced to imprisonment shall be assigned to the competent authorities and shall be supervised.

30.4.The State General Prosecutor shall issue a consent for a person sentenced to imprisonment to pass through the territory of Mongolia.

30.5.The prosecutor shall participate in court hearings and issue assessments on the continuation of the remaining unserved sentence of a person sentenced to imprisonment in Mongolia.

CHAPTER FOUR

LEGAL FORMS OF PROSECUTOR'S REVIEW

Article 31.Types of legal forms

31.1.In exercising his/her powers, the prosecutor shall issue resolutions/decree, assignments, consents/permissions, demands, statements, assessments, proposals, objection, requests, claims, explanations, and complaints.

31.2.Other types of legal forms of prosecutor's review may be established by law.

31.3.The legal form of prosecutor's review shall be lawful and reasonable.

31.4.The State General Prosecutor shall determine the methodology and procedure for writing the legal form of the prosecutor's review.

Article 32.The prosecutor's decree

32.1.The prosecutor shall make a decree to resolve issues within his/her authority during the implementation of his/her duties.

32.2.A higher-level prosecutor shall have the right to amend or annul a prosecutor's decree if he/she deem it illegal or unfounded.

Article 33.The prosecutor's assignment

33.1.In implementing their duties, the prosecutors shall give written assignments to take certain operation and collect facts and information.

33.2.The operation to be performed should be clearly indicated in the assignment.

33.3.The timeframe for the assignment shall be determined in a way that is feasible, taking into account the scope, space and circumstances of the operation to be executed.

33.4.An official who receives a prosecutor's assignment shall be obliged to comply with it.

33.5.If they do not agree with the prosecutor's assignment, they may submit a proposal to a higher-level prosecutor.

33.6.The higher-level prosecutor shall review and make a decree within 3 days of receiving the proposal.

33.7.The decree's contents shall include the revocation of the assignment in its entirety, the repeal of certain provisions, or the refusal to accept the proposal.

33.8.The prosecutor's assignment shall not be attached to a criminal case.

Article 34.The prosecutor's consent

34.1.In cases provided by law, the prosecutor shall give consent in the process of resolving violations, inquiring and investigating a case, and enforcing a sentence.

34.2.The prosecutor's consent shall be in the form of approving the official's decision.

34.3.The prosecutor's consent may be given as a written.

34.4.If the prosecutor refuses to give consent, they shall explain the reasons and notify in writing.

Article 35.The prosecutor's demand

35.1.The prosecutor shall write a demand to eliminate the violations that occurred during the process of investigating and resolving violations, inquiring and investigating a criminal case, and executing the punishment, as well as the causes and circumstances that contributed to them.

35.2.The demand shall be written by a higher-level prosecutor.

35.3.An organization or official that has received a prosecutor's demand shall be obliged to take measures to eliminate the violation, its causes and circumstances, and respond in writing within 15 days.

35.4.An official who fails to submit a response to the demand on time shall be subject to legal responsibility specified in the law.

Article 36.The prosecutor's statement

36.1.In order to prevent a crime, the prosecutor shall issue a statement to eliminate the causes and circumstances that contributed to the crime and violation.

36.2.The statement shall be written in the name of the managing official of the legal entity.

36.3.The statement shall indicate the reasons and circumstances that contributed to the occurrence of the crime and violation, the methods of eliminating them, the measures possible to be taken by the legal entity and official to prevent the crime or violation, and the intelligence activity to be organized.

36.4.The organization or official that has received the prosecutor's statement shall be obliged to take measures to eliminate the cause and circumstances of the violation or crime, and respond in writing within one month.

36.5.An official who fails to submit a response to the statement on time shall be subject to legal liability specified in the law.

Article 37.The prosecutor's assessment

37.1.The prosecutor shall issue a written assessment when participating in a court hearing or reopening the case due to newly discovered circumstances.

Article 38.The prosecutor's proposal

38.1.The prosecutor shall submit a proposal to the court for a specific decision or about the issues raised during the court hearing.

Article 39.The prosecutor's objection

39.1.In carrying out his/her duties, the prosecutor shall file an objection against a court decision in accordance with the grounds and procedures established by law.

39.2.If the prosecutor's objection is considered unfounded, the higher-level prosecutor may withdraw it.

Article 40.The prosecutor's request

40.1.A written request shall be submitted by the prosecutor to the court to correct any typographical errors and miscalculations.

Article 41.Prosecutor's claims, explanations and complaints

41.1.The prosecutor shall submit claims, explanations and complaints to the court on behalf of the state and public interests.

41.2.The prosecutor's claim, explanation or complaint shall meet the requirements set forth in the Law on Civil Procedure.

CHAPTER FIVE

SYSTEM, ORGANIZATION AND COMPOSITION OF THE PROSECUTOR'S OFFICE

Article 42.The prosecutor's office

42.1.The Prosecutor's office is an organization, participating in the implementation of independent and impartial judicial power, which has the functions of enforcing the implementation of criminal and violation legislation on the territory of Mongolia, supervising over the inquiry into and investigation of cases and the execution of punishment, and participating in court trials on behalf of the State.

Article 43.The system of the prosecutor's office

43.1.The prosecutor's office shall consist of the State General Prosecutor's Office, the aimag and capital city prosecutor's office, and the soum or inter-soum and district prosecutor's office.

43.2.A specialized prosecutor's office may be established taking into account the specifics of the prosecutor's review.

43.3.Aimag, capital city, specialized and soum and inter-soum and district prosecutor's offices shall be established by the State Great Khural of Mongolia (hereinafter referred to as "State Great Khural") at the proposal of the State General Prosecutor, by taking into account of the size of the territory, population density, and work requirements.

43.4.A training and research unit, to study the implementation of criminal and violation legislation, the causes and circumstances of crimes, and to specialize prosecutors, shall be under the State General Prosecutor's Office.

43.5.The General Prosecutor's Office shall have a central archive for criminal cases. The aimag, capital city and specialized prosecutor's offices shall have its branch archives.

43.6.The organization, structure and staffing of the Prosecutor's Office shall be determined by the State General Prosecutor.

43.7.There shall be a council under the State General Prosecutor and General Prosecutor of the aimag, capital city, district and specialized prosecutor's offices. The powers and rules of procedure of the Council shall be determined by the State General Prosecutor.

Article 44.The composition of the prosecutor's office

44.1.The General Prosecutor's Office shall have a State Prosecutor General, his/her Deputy, Assistant Prosecutors, Senior Prosecutors and Supervising Prosecutors.

44.2.Aimag, capital city, district and specialized prosecutor's offices shall have prosecutors general, their deputies, senior prosecutors and supervising prosecutors of aimag, capital city, district and specialized prosecutor's offices.

44.3.The soum or inter-soum prosecutor's office shall have a soum or inter-soum general prosecutor and a supervising prosecutor.

44.4.The prosecutor's office may be organized into departments, divisions, offices and sections. The deputy, assistant prosecutor or senior prosecutor may head the organizational unit.

Article 45.The prosecutor

45.1.A Mongolian citizen who has obtained a license to practice law and has worked as a lawyer for at least 3 years or as an assistant prosecutor for at least 2 years, who has not been convicted of a crime, meet professional requirements, and who has reached the age of twenty-five shall be appointed as a prosecutor.

45.2.The State Prosecutor General shall approve the procedure for selection, promotion, demotion, and rotation of prosecutors based on their professional ethics, professionalism, skills, and experience.

45.3.A citizen of Mongolia who has worked as a prosecutor for at least 5 years shall be appointed as a higher-level prosecutor.

45.4.A prosecutor who has worked as a lawyer for at least 10 years and has reached the age of thirty-five shall be appointed as the State General Prosecutor or his/her deputy.

Article 46.State General Prosecutor and his/her deputy

46.1.The Prosecutor's Office shall be headed by the State General Prosecutor. The State General Prosecutor shall be appointed by the President of Mongolia in consultation with the State Great Khural for a term of six years.

46.2.The President of Mongolia shall appoint the deputy for a term of six years in consultation with the State Great Khural based on the proposal of the State General Prosecutor.

46.3.If the State Great Khural does not support the person nominated by the President of Mongolia, another person shall be nominated once.

46.4.In the absence of the State General Prosecutor, one of the Deputy Prosecutors General shall exercise his/her powers by his/her decision. The Deputy Prosecutor General shall be responsible to the State General Prosecutor.

46.5.The President of Mongolia shall decide on the suspension of the powers of the State General Prosecutor and his/her Deputy in connection with the initiation of a criminal case and prosecution as a defendant based on the proposal of the competent authority.

46.6.The powers of the State Prosecutor General and his/her Deputy shall be terminated prematurely by the decision of the President of Mongolia in the following cases:

46.6.1.has been appointed for another job or position with his/her consent and has been nominated in accordance with the conditions, procedures and criteria established by law;

46.6.2.a court decision establishing that a crime has been committed has entered into force;

46.6.3.unable to exercise his/her powers due to a health condition;

46.6.4.The National Security Council issued a recommendation.

/This sub-paragraph was added by the law dated as March 27, 2019/

46.7.In case of termination of their power as specified in Article 46.6 of this Law, the President of Mongolia shall appoint the next State General Prosecutor and his/her Deputy in accordance with the procedures specified in Articles 46.1 and 46.2 of this Law.

46.8.Public hearings of candidates nominated in accordance with Articles 46.1 and 46.2 of this Law shall be organized by the relevant Standing Committee of the State Great Khural.

/This paragraph was added by the law dated as December 24, 2021/

Article 47.The prosecutor's oath

47.1.When a prosecutor is being appointed to the position, he/she shall take an oath as follows: "I do solemnly swear that I will strictly observe the Constitution and other laws of Mongolia, respect human rights and freedoms, faithfully discharge the duties, and uphold the professionalism, ethics, and reputation of the prosecutor's profession. If I break this oath, I shall be liable for legal responsibility."

47.2.The procedure for the oath-in ceremony of a prosecutor shall be approved by the President of Mongolia.

Article 48.Powers of the State General Prosecutor

48.1.The State General Prosecutor shall exercise the following powers:

48.1.1.to organize and manage unitedly the activities of the prosecutor's office;

48.1.2.to allocate the budget approved by the State Great Khural and to determine the organizational structure and staffing limits of the Prosecutor's Offices within the approved budget;

48.1.3.to establish the location and building standards of the Prosecutor's Offices;

48.1.4.to submit proposals to the President of Mongolia on the appointment and dismissal of the Deputy State General Prosecutor;

48.1.5.to appoint, dismiss, reward and impose disciplinary sanctions on prosecutors;

48.1.6.to approve methodological instructions and procedures for prosecutorial supervision;

48.1.7.to approve the procedure for covert investigations in cooperation with the head of the Central Intelligence Agency;

48.1.8.to issue orders on internal affairs of the prosecutor's office;

48.1.9.to grant a permission upon reviewing the compliance of instructions and procedures for the implementation of provisions of the law restricting human rights and freedom by the competent authorities for fighting crime, investigating and resolving violations, inquiring and investigating cases, and executing punishment, and to review their implementation;

48.1.10.to review and grant a permission in intelligence activities and to grant special rights to prosecutors to review the intelligence activities in accordance with procedures provided by law;

48.1.11.to file an objection if he/she considers that the court has violated the law or misapplied the law in making a decision;

48.1.12.to communicate directly and cooperate with similar foreign organizations and international organizations, and to conclude memorandums and agreements on fighting crime;

48.1.13.others specified by the law.

48.2.Instructions and procedures not reviewed and approved by the State General Prosecutor as stated in the Article 48.1.9 of this Law shall not be followed.

Article 49.Interaction between the State General Prosecutor and the Parliament

49.1.The State General Prosecutor shall report to the Parliament at least once a year on the implementation of criminal and violation legislation.

Article 50.Interaction between the State General Prosecutor and the President of Mongolia

50.1.An assessment shall be issued on the matter of pardoning a convicted person.

50.2.At the request of the President of Mongolia, the State General Prosecutor may issue an assessment on matters within their powers.

Article 51.Interaction between the State General Prosecutor and the Government

51.1.At the request of the Prime Minister of Mongolia or a member of the Cabinet, he/she may participate in the Cabinet meetings with the right to advise on issues within his/her powers and make suggestions and assessments.

51.2.If deemed necessary, issues within his/her powers may be discussed at the Cabinet meeting in consultation with the Prime Minister.

Article 52.Submitting a request by the State General Prosecutor to the Constitutional Court

52.1.In accordance with paragraph 1 of Article Sixty-six of the Constitution of Mongolia, a request shall be submitted to the Constitutional Court for reviewing and resolving a dispute on violation of the Constitution of Mongolia.

Article 53.Interaction between the State General Prosecutor and the Supreme Court

53.1.The State General Prosecutor may propose to the Supreme Court for clarification on the correct application of laws other than the Constitution of Mongolia.

53.2.The State General Prosecutor shall participate in the court hearing of the Supreme Court under cassation instance or by filing an objection against the decision of the cassation instance court.

Article 54.The rank of prosecutors

54.1.A prosecutor shall have the ranks of Chief State Legal Adviser, Deputy Chief Legal Adviser, Chief Legal Adviser, Deputy Legal Adviser, Trusted Legal Adviser, Senior Legal Adviser, Legal Adviser, and Deputy Legal Adviser.

54.2.The ranks of Chief State Legal Adviser and Deputy Chief Legal Adviser shall be awarded by the President of Mongolia, and other ranks shall be awarded by the State General Prosecutor based on the classification of positions, length of service as a prosecutor, specialization and skills.

54.3.The President of Mongolia shall approve the procedure for awarding and conferring the rank of prosecutor.

Article 55.Employees of the prosecutor's office

55.1.The prosecutor's office shall have an assistant to assist in the implementation of its duties.

55.2.The prosecutor's office shall have an administrative department and staff responsible for ensuring normal operating conditions.

55.3.A chief archivist and an archivist shall work in the archives of criminal cases.

55.4.The State General Prosecutor shall approve the requirements, selection and working procedures for employees of the prosecutor's office.

CHAPTER SIX

GUARANTEE FOR PROSECUTOR'S ACTIVITY

Article 56.Guarantee for being impartial

56.1.It shall be prohibited to restrict, suspend or terminate the powers of a prosecutor on grounds and procedures other than those specified in this Law.

56.2.It shall be prohibited to release or fire a prosecutor, and/or appoint a prosecutor to another job or position without his/her consent, except as provided by law.

56.3.Prosecutors shall be released from official mobilization.

56.4.It shall be prohibited for an organization and official conducting the inquiry and investigation to request explanations and to interrogate from a prosecutor about the case under his/her supervision or was resolved by him/her.

56.5.The Article 56.4 of this Law shall not apply to a prosecutor who is being investigated upon initiating a criminal case against and drawing as the accused.

56.6.The prosecutor shall not be obliged to provide information on a case to any person other than a participant in the proceedings.

56.7.A person who interfered with or pressured a prosecutor shall be subject to legal liability.

Article 57.Submitting a statement of influence

57.1.The prosecutor shall be obliged to inform a higher-level prosecutor of any pressure or influence that has obstructed in discharging his or her official duties and affected to his/her impartiality.

57.2.The procedure for submitting a statement of influence shall be approved by the State General Prosecutor.

Article 58.Legal guarantees

58.1.If a condition to threat to the life and safety of a prosecutor or his/her family member is occurred, or the information about thereof is received, the police organization shall take measures to ensure safety in accordance with the relevant legislation.

58.2.The prosecutor shall have a right to possess and use any special devices provided by law for the purpose of protecting his/her security. The procedure for providing and using special devices shall be approved by the State General Prosecutor.

58.3.Except the prosecutor is arrested at the time of committing a crime or at the crime scene with evidence of the crime, detaining, putting into custody, arresting, inspecting and searching of premises, offices, vehicles, means of communication, as well as documents, luggage, and other property under his/her possession, personal sensitive information, and physically assaulting a State General Prosecutor or their Deputy without the consent of the President of Mongolia, and other prosecutors without the consent of the State General Prosecutor shall be prohibited.

/This paragraph was amended by the law dated as December 17, 2021/

58.4.If a prosecutor is arrested while committing a crime, or at the crime scene with evidence of the crime, or if there are sufficient grounds to draw him or her as an accused in a criminal case, it shall be notified within 24 hours to the President of Mongolia in case of the State Prosecutor General or his/her deputy, and to the State General Prosecutor in case of other prosecutors.

58.5.The President of Mongolia or the State General Prosecutor shall decide whether to grant permit to draw the prosecutor in criminal liability within 10 working days.

58.6.The State General Prosecutor may suspend the powers of a prosecutor in connection with the initiation of a criminal case and drawing as the accused.

58.7.If it is necessary to detain, put into custody, arrest, inspect or search a premise, vehicle, office or the body of a prosecutor, permit shall be obtained in accordance with the procedures set forth in Articles 58.4 and 58.5 of this Law.

58.8.Without the permission of the State General Prosecutor, it shall be prohibited for other organizations and officials to inspect the review work of prosecutors, to require a prosecutor to provide information on state and official secrets, organizational secrets and personal sensitive information known clearly or entrusted to them in connection with the performance of their official duties.

/This paragraph was amended by the law dated as December 17, 2021/

58.9.The state shall be responsible for damages caused due to mistakes made by prosecutors during the implementation of their rights.

Article 59.Economic guarantees

59.1.The expenses of the prosecutor's office shall be financed from the state budget and the state shall provide economic guarantees for its operation.

59.2.The State General Prosecutor shall plan the operational and investment budget proposals of the prosecutor's office and submit them to the state central administrative body in charge of financial and budget matters.

59.3.The prosecutor's salary shall consist of the position salary and allowances for special working conditions, length of public service, ranks and academic degrees. The State Great Khural of Mongolia shall determine the salary scale for the position of a prosecutor and allowance amounts.

59.4.Prosecutors who work in the prosecutor's office on a permanent and productive basis shall be provided with support to obtain a soft loan from the state for the construction or purchase of an accommodation, or for the education of themselves or their children, and if necessary, a loan guarantee shall be provided.

59.5.The State General Prosecutor shall be provided with the following guarantees:

59.5.1.to be provided with transportation and means of communication;

59.5.2.to receive a salary set by the State Great Khural in accordance with the rank of a high-ranking public official and to utilize other necessary benefits;

59.5.3.to have diplomatic immunity and privileges during travel and stay abroad.

59.6.If a prosecutor takes a vacation in a domestic resort or sanatorium during his/her annual leave, or at his/her own or his/her spouse's place of birth, his/her travel expenses shall be reimbursed in accordance with the procedures provided by law.

59.7.State and local self-governing bodies shall provide with all possible support to create conditions for the prosecutor's office to operate independently for activities such as providing jobs, necessary equipment, transport and technical means, and housing for staff.

Article 60.Social guarantees

60.1.The State shall bear any damages related to the loss of life of the prosecutor in the performance of his/her duties

60.2.If a prosecutor loses his/her life while performing his/her duties, his/her family shall receive a one-time grant equal to his/her 10 years' salary.

60.3.The maximum retirement age for a prosecutor is 60 years, and a woman who has reached the age of 50, a man who has reached the age of 55, or a prosecutor who has worked as a prosecutor for 25 years, regardless of age, may retire if they decide to.

60.4.The base period of a prosecutor's annual leave and additional leave shall be determined by the Law on Labor and this Law. The prosecutor shall have an additional 3 working days off for every 5 years worked as a prosecutor.

60.5.In the event that a prosecutor is reassigned to another location, the costs of relocation shall be borne by the prosecutor's office.

60.6.In the event that the prosecutor is physically injured or otherwise harmed in the performance of his/her official duties, as well as in case of temporary loss of working capacity or disability, the prosecutor shall be entitled to paid the pension, benefits, and the difference in salary for the position of the prosecutor for the entire period of temporary loss of working capacity, disability pension and benefits. If prosecutors are hospitalized, they shall be paid the excess of their health insurance costs in full and in the case of illness or disability, they shall receive their salary in full.

60.7.In the case of pensions, allowances, differences in wages specified in Article 60.6 of this Law, artificial organs, hearing aids, or other rehabilitation treatments, the state shall provide grants, and it shall be compensated by the guilty parties in cases specified by law.

60.8.Guarantees, reward, incentives, assistance and benefits other than those specified in this Law shall be regulated by the Law on Civil Service and other legislation.

Article 61.Political guarantees

61.1.The prosecutors shall respect their position in exercising their freedom of expression, association, speech, publication, religion and non-religion.

Article 62. Restrictions on the civil rights of prosecutors

62.1.It shall be prohibited for a prosecutor to hold concurrent jobs and positions that are not related to his/her rights and responsibilities established by law, except for teaching and research work.

62.2.It shall be prohibited for the prosecutor's office to conduct political activities. The prosecutor shall suspend being a member of a political party during his/her term of office.

CHAPTER SEVEN

PROFESSIONAL AND DISCIPLINARY LIABILITIES OF PROSECUTORS

Article 63.Personnel training of prosecutor's office

63.1.In implementing their powers, the prosecutors shall improve their knowledge and skills and attend in annual trainings.

63.2.Professional development and retraining of prosecutors shall be carried out by the prosecutor's office and the professional self-governing body of lawyers.

Article 64.Professional Council of Prosecutors

64.1.There shall be a non-staff professional council authorized to investigate and make assessments on the matters related to the professional activities of prosecutors.

64.2.The professional rules of prosecutors and the operating procedure of the professional council shall be approved by the President of Mongolia.

64.3.The composition of the Professional Council of Prosecutors shall be appointed by the General Prosecutor of Mongolia.

Article 65.Ethics Council of Prosecutors

65.1.There shall be a non-staff ethics council authorized to investigate and make an assessment on the prosecutor's violations of the code of ethics.

65.2.The Code of Ethics for Prosecutors and the operating procedure of the Ethics Council shall be approved by the President of Mongolia.

65.3.The composition of the Ethics Council of the Prosecutors shall be appointed by the State General Prosecutor.

Article 66.Operating procedure of the professional and ethical council of prosecutors

66.1.A complaint regarding a violation of professional and ethical rules by a prosecutor shall be submitted to the council.

66.2.The professional and ethical councils may have non-staff secretariat offices.

66.3.Based on the assessments of the professional and ethical council, the State General Prosecutor shall decide whether to impose a disciplinary punishment or not.

Article 67.Disciplinary punishment

67.1.If a prosecutor has violated the law, internal regulations of the organization, professional and ethical rules of the prosecutors, or fails to fulfill their official duties specified in the law, the following disciplinary punishment shall be imposed depending on the nature of the violation:

67.1.1.to warn;

67.1.2.to reduce the salary of the position by up to 20 percent for a period of up to six months;

67.1.3.to reduce/lower a rank;

67.1.4.to demote;

67.1.5.to fire from work.

67.2.The General Prosecutor of an aimag, capital city, district, soum or inter-soum, and specialized prosecutor's office may impose disciplinary punishment specified in Articles 67.1.1 and 67.1.2 of this Law on a prosecutor under his/her jurisdiction on grounds other than professional errors and ethical violations.

67.3.The disciplinary rules of the prosecutor shall be approved by the President of Mongolia.

67.4.If a prosecutor considers that the decision imposing a disciplinary punishment is unfounded, he/she shall file a complaint to the State General Prosecutor within 1 month from the known date of such decision, and if the State Prosecutor General has imposed the punishment, to the court.

67.5.If a prosecutor violates the code of ethics and internal labor regulations, a disciplinary punishment shall be imposed in accordance with the Law on Labor and the organization's internal regulations.

Article 68.Releasing or firing a prosecutor from the position

68.1.The State General Prosecutor shall release prosecutor from the position on the following grounds in addition to those specified in the Law on Civil Service:

68.1.1.If he/she is determined to be appointed to another job or position with his/her consent, or is nominated for an elected position;

68.1.2.If he/she is unable to perform his/her duties due to physical health conditions;

68.1.3.If he/she is reached the retirement age specified in this Law and other laws;

68.1.4.If the professional council made an assessment that he/she was not qualified for the job in terms of professional and business skills.

68.2.The prosecutor shall be fired from the job on the grounds specified in the Law on Civil Service and this Law.

CHAPTER EIGHT

MISCELLANEOUS

Article 69.Symbol, flag, seal, emblem, letterhead of the prosecutor's organization, and uniform and badge of the prosecutor

69.1.The prosecutor's office shall have a symbol, flag, the prosecutor shall have uniform and badge.

69.2.The design of the prosecutor's symbol, flag, uniform, and badge, and the procedure for their use shall be approved by the President of Mongolia.

69.3.The prosecutor's office shall have a stamp, seal and letterhead issued in accordance with the established procedure.

Article 70.Entry into force of the law

70.1.This Law shall come into force on July 1, 2017.

VICE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA NYAMDORJ.TS