(2022-11-14-ний өдрийн орчуулгын хяналт)                         Unofficial translation

LAW OF MONGOLIA

June 6, 2019                                     Ulaanbaatar city

ON PREVENTION OF CRIMES AND VIOLATIONS

/Revised version/

CHAPTER ONE

GENERAL PROVISION

Article 1.Purpose of the Law

1.1.The purpose of this Law is to establish legal grounds for preventive actions against crimes and violations upon determination of the principles, main approaches, organizations of these actions as well as the involvement of the public and governmental and non-governmental organizations.

Article 2.Legislation on Prevention of Crimes and Violations

2.1.The legislation on prevention of crimes and violations shall be composed of the Constitution of Mongolia, this Law and other legal acts issued in conformity therewith.

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

Article 3.Preventive Actions Against Crimes and Violations

3.1.Preventive actions against crimes and violations are a sum of comprehensive economic, social, legal and organizational measures aimed at identifying and eliminating the causes, conditions and factors for committing crimes and violations, based on the analysis of information on crimes and violations.

3.2.Preventive actions against crimes and violations shall be organized by developing and planning policies for implementation and further evaluation the results.

Article 4.Purpose of Preventive Actions Against Crimes and Violations

4.1.The purpose of preventive actions against crimes and violations is to ensure the national security of Mongolia, protect human right, freedom and legitimate interest of governmental organizations and legal entities from criminal attack, strengthen social order and cultivate civic consciousness and culture.

Article 5.Basic Principles of Preventive Actions Against Crimes and Violations

5.1.Preventive actions against crimes and violations shall adhere to following principles:

5.1.1.to honor the laws and respect human right and freedom;

5.1.2.to take comprehensive, stable and coordinated preventive actions against crimes and violations;

5.1.3.to ensure that decisions of a government organization or its officials do not constitute the causes and conditions for crimes and violations;

5.1.4.to ensure that preventive actions against crimes and violations are based on research, analysis, science, modern technological advancement and new knowledge;

5.1.5.to have reasonable costs and benefits;

5.1.6.to rely on public involvement and comply with the needs and requirements of the public;

5.1.7.the government organizations and its officials are obliged to participate in preventive actions against crimes and violations as provided under the respective laws, and state administrative bodies and law enforcement agencies shall prioritize preventive actions against crimes and violations in their activities.

CHAPTER TWO

MAIN APPROACHES FOR PREVENTION OF CRIMES AND VIOLATIONS

Article 6.Main Approaches for Prevention of Crimes and Violations

6.1.Prevention of crimes and violations shall be arranged and carried out by following main approaches:

6.1.1.General;

6.1.2.Special;

6.1.3.Individual;

6.1.4.Enlightenment or public awareness and education;

6.1.5.Prosecution of crimes and violations and imposition of liabilities.

Article 7.Implementation of the General Approach for Prevention of Crimes and violations

7.1.Common economic, social, legal, organizational and educational measures for the elimination of the causes and conditions of crimes and violations are referred to as general approach for prevention of crimes and violations.

7.2.Within the framework of the general approach for prevention of crimes and violations, following measures shall be carried out:

7.2.1.to plan and implement economic, social and legal measures for the elimination of the causes and conditions of crimes and violations;

7.2.2.to improve citizens' living standards and provide economic and social guarantee; 

7.2.3.to establish and develop legal environment which regulates preventive actions against crimes and violations;

7.2.4.to protect human right, freedom and legal entities' rights and legitimate interests and provide guarantee for exercising the rights provided by laws;

7.2.5.to set up funding, material, technical and human resources required for the prevention of crimes and violations;

7.2.6.to promote legislation on prevention of crimes and violations, improve citizens' knowledge and education on legislation and support public legal education;

7.2.7.to adopt comprehensive measures to prevent children from violating legislation and provide legal education and culture to respect legislation within the family, society and school environment;

7.2.8.to create an environment where all forms of violence are not tolerated or are eliminated and prevented;

7.2.9.to meet conditions and common requirements for prevention of crimes and violations in urban and rural planning process;

7.2.10.to ensure that security cameras installed with funding from the state and local budget are compatible to be connected to the integrated communication database of the police authority.

Article 8.Implementation of Special Approach for Prevention of Crimes and Violations

8.1.Comprehensive measures aimed at elimination of the causes and conditions of specific crimes and violations are referred to as special approach for prevention of crimes and violations.

8.2.Within the framework of the special approach for prevention of crimes and violations, following measures shall be carried out in addition to Article 7.2 of this Law:

8.2.1.to cease an organized crime group's activity, cut off the communication and suspend proceeds and assets of the crime;

8.2.2.to follow a principle to impose liabilities on a founder or a leader of the organized crime group as a priority;

8.2.3.to impose different legal liabilities on the organized crime group members in consideration of their role and involvement and provide conditions for voluntary cooperation with the law enforcement agency;

8.2.4.to ensure safety of the parties who assisted the crime detection and cooperated with law enforcement agency;

8.2.5.to recover damages and eliminate harms resulted from the crime, and have them compensated by the guilty party;

8.2.6.to improve monitoring on the spending of budget funds;

8.2.7.to take comprehensive measures for the areas, activities and relations where the rate of specific crimes and violations are higher;

8.2.8.to conduct preventive patrol on a regular basis in areas where crime rates are higher;

8.2.9.to protect any objects which are likely to be affected by criminal attack, temporarily halt any activities and evacuate persons and items from such objects to safe places;

8.2.10.to acquire passenger information in advance from international flight provider.

/This sub-paragraph was added by the law as of December 31, 2020/

8.3.The commissioner of the police authority who is charge of the respective territory shall make the decision on the implementation of the measure provided in Article 8.2.9 of this Law.

Article 9.Implementation of Individual Approach for Prevention of Crimes and Violations

9.1.Comprehensive measures for elimination of the potential causes and conditions which affect a person's behavior and moral to commit a crime or an violation, in order to prevent him/her from committing a crime or an violation, shall be called an individual approach for the prevention of crimes and violations.

9.2.Within the framework of the individual approach for the prevention of crimes and violations prevention, following measures shall be taken:

9.2.1.to identify and detect any persons who are likely to or planning to commit a crime in a timely manner and halt the crime before it is committed;

9.2.2.to monitor former convicts to prevent him/her from committing crimes;

9.2.3.to provide opportunities for social adaptation and equal participation in social environment to a former convict or a person prone to a crime;

9.2.4.to monitor a person who was imposed with certain obligations, restrictions and limitations by the competent authorities and officials specified in legislation;

9.2.5.to conduct behavior change interventions for former convicts to instill law-abiding behavior and norms in them, provide education and employment skills in penal institutions, and provide knowledge and skills required for social adaptation after the release;

9.2.6.to regularly monitor and inspect the activities of persons and legal entities specified in Articles 12.1.5 and 12.1.6 of this Law and report the results to the public;

9.2.7.to protect a witness or a victim (and their related parties, if necessary) who provided important information or evidence and assisted in other ways for crime detection according to the laws.

Article 10.Implementation of Awareness Raising and Enlightenment Approach for Prevention of Crimes and Violations

10.1.Comprehensive measures to mitigate the risks of exposure to crimes and violations and their damages in order to protect persons and legal entities from criminal attack and prevent their rights and legitimate interests from being violated, shall be referred to as awareness raising and enlightenment approach for prevention of crimes and violations.

10.2.Within the framework of awareness raising and enlightenment approach for prevention of crimes and violations, following measures shall be carried out:

10.2.1.to determine the range of persons and legal entities which are vulnerable to crimes and violations or likely to suffer violated rights and legitimate interests;

10.2.2.to determine causes and conditions in which the activities, behaviors and habits of parties specified in Article 10.2.1 of this Law may provoke a crime or an violation and take action to neutralize and eliminate such causes and conditions;

10.2.3.to regularly report circumstances of the crimes and violations, and preventive actions, behaviors and habits against crimes and violations to the public;

10.2.4.to introduce the risks of exposure to crimes and violations and its damages from violation of rights and legitimate interests and provide statements and recommendations on prevention of crimes and violations to the parties specified in Article 10.2.1 of this Law;

10.2.5.to provide support and assistance to the parties specified in Article 10.2.1 of this Law to protect their lives, health and properties from criminal attacks;

10.2.6.to take measures to establish morality, habit and skill to protect oneself and others from committing or being exposed to crimes and violations;

10.2.7.to conduct awareness raising activities on harms of crimes and violations among the general public on regular basis and trainings on combating crimes and violations.

Article 11.Developing and Implementing Policies on the Prosecution and Imposition of Liabilities on Crimes and Violations

11.1.The principles of preventive actions against crimes and violations provided in this Law shall be followed in improving the detection and investigation of crimes and violations, enhancing its effectiveness, ensuring consistency of the policies on imposition of liabilities.

11.2.Within the framework of developing and implementing the policies for prosecution of crimes and violations and imposition of liabilities, following measures shall be taken:

11.2.1.to develop and implement integrated and specialized prosecution policies for prevention of crimes and violations;

11.2.2.to improve quality and effectiveness of the prosecution of crimes and violations;

11.2.3.to improve the coordination between investigation and monitoring of crimes and violations, and implement principles for imposing liabilities on every crime and violation;

11.2.4.to establish a system for the protection of the rights and legitimate interests of persons and legal entities who suffered from crimes and violations, restoration of their violated rights, and provision of compensation for the harms and damages;

11.2.5.to provide the crime and violation prosecution agencies, units and their officials with improved guarantees and conditions to carry out their duties;

11.2.6.to prepare specialized units and officials for the investigation of specific crimes and violations and specialize them in their respective specialization.

CHAPTER THREE

SCOPE AND REGULATION OF PREVENTIVE ACTIONS AGAINST CRIMES AND VIOLATIONS

Article 12.Scope of Preventive Actions Against Crimes and Violations

12.1.Preventive actions against crimes and violations apply to persons, legal entities and relations set forth below:

12.1.1.Causes and conditions, factors which provoke or give an idea or a motivation for committing a crime or an violation and activities which lead to such conditions and factors;

12.1.2.Rights, freedom and legitimate interests protected under the Criminal Code and Law on Violations;

12.1.3.Persons and legal entities which are regulated and supervised according to the legislation, rules, procedures and standards of Mongolia;

12.1.4.Persons and legal entities with certain obligations, restrictions and limitations imposed by the decision of the competent authority or official as specified in legislation;

12.1.5.Persons and legal entities which are reasonably considered that their behaviors and activities may cause a crime or an violation or violate social order and normative;

12.1.6.Persons and legal entities who might be exposed to crimes and violations or whose rights and legitimate interests might be violated depending on characteristics of their activities, behaviors and habits.

Article 13.Implementers of Preventive Actions Against Crimes and Violations

13.1.Preventive actions against crimes and violations shall be performed by following organizations:

13.1.1.The Regulatory Council, Branch Council, Sub-Council and their offices, chairpersons and members shall perform crime prevention activities;

13.1.2.All levels of governmental organizations and local administrations and their affiliate organizations, units and their management and executive officials which have duties to prevent, combat and prosecute crimes and violations as specified in legislation;

13.1.3.Legal entities which organize or participate in preventive actions against crimes and violations in cooperation with governmental organizations and local administrations by their own initiatives within the authority provided by the legislation, and citizen's councils which aim at the prevention of specific crimes and violations;

/This sub-paragraph was amended by the law as of April 22, 2022/

13.1.4.An individual who is involved in preventive actions against crimes and violations as specified in the legislation.

Article 14.Regulation of Crime Prevention Activities

14.1.The crime prevention activities shall be regulated by the Ad hoc councils chaired by the Cabinet Member in charge of legal affairs at the national level, and by the chairpersons of the relevant Citizens' Representative Khurals at an aimag, a soum, a capital city, or district level, respectively.

/This paragraph was amended by the law as of April 22, 2022/

/This paragraph was amended by the law as of April 22, 2022/

14.2.There will be a regulatory council (hereinafter referred to as the "Regulatory Council") for crime prevention activities at a national level and it will have a full-time office. The regulatory council for crime prevention activities at an aimag, a capital city or a district levels (hereinafter referred to as the "Branch Council") shall have a full-time secretary and may have a full-time office. The secretary of the Regulatory Council shall be a Head of the office of the Regulatory Council.

/This paragraph was amended by the law as of April 22, 2022/

14.3.The Government shall approve the composition and working procedure of the Regulatory Council, while the relevant Citizens' Representative Khural shall approve the composition and working procedure of the Branch Council in compliance with the common procedure approved by the Regulatory Council.

14.4.The managing and executive officers of the full-time office of the Regulatory Council shall be civil servants, and the classification and rank of the positions shall be determined by the Government based on the proposal of the central civil service organization.

/This paragraph was added by the law as of April 22, 2022/

Article 15.Coordination of Crime Prevention Activities at the National Level

15.1.The Regulatory Council shall regulate and coordinate crime prevention activities at a national level as set forth below:

15.1.1.to determine crime prevention policies, priorities and main approaches based on the analysis of the causes, conditions and circumstances of the crime;

15.1.2.to regulate and coordinate activities of governmental and non-governmental organizations and ensure consistency of the policies with respect to crime prevention;

15.1.3.to take measures to improve crime prevention activities based upon the collection, processing, storage and analysis of information and records on planned actions for prevention of crimes;

15.1.4.to provide professional and methodological support on crime prevention to law enforcement agency and local administration and regulate and coordinate their cooperation;

15.1.5.to promptly exchange statistical information on circumstances, causes and conditions of the crime with implementing organizations of crime prevention activities and arrange for joint analysis/study;

15.1.6.to establish an integrated database system for crime prevention activities;

15.1.7.to study foreign and domestic advanced techniques, technologies and good practices with respect to crime prevention and take measures to introduce them at other organizations and local areas;

15.1.8.to regularly study and evaluate effectiveness of the preventive actions against crimes;

15.1.9.to involve citizens and legal entities in Preventive actions against crimes and violations regardless of their property types;

15.1.10.to develop technical, technological, methodological and operating standards for crime prevention activities and submit to competent authority for confirmation;

15.1.11.to implement duties specified in Article 12 of Law on Combating Domestic Violence.

15.2.The Regulatory Council and Branch Council shall meet at least once every quarter and issue a decision in the form of a resolution, a recommendation or a notice.

15.3.The council for specialized regulation of prevention of specific crimes at the national level (hereinafter referred to as the "Sub-Council") can be operated under the Regulatory Council.

15.4.The Sub-Council shall regulate the prevention of specific crimes within the scope of Article 15.1 of this Law in compliance with the legislation on preventing and combating specific crimes.

15.5.In addition to the Branch Council and Sub-Council, the parties specified in Articles 13.1.2 and 13.1.3 of this Law shall submit crime prevention report to the Regulatory Council on an annual basis. The Regulatory Council shall present an integrated report of crime circumstances, preventive actions and future trends on a national level to the National Security Council on an annual basis and to the State Great Khural on a bi-annual basis, respectively.

Article 16.Coordination of Crime Prevention Activities at Aimag, Soum, Capital City or District Levels

/The title of this article was amended by the law as of April 22, 2022/

16.1.The Branch Council shall regulate and coordinate the crime prevention activities within the aimag, soum, capital city or district levels as follows:

/This paragraph was amended by the law as of April 22, 2022/

16.1.1.to regulate and coordinate crime prevention activities of the respective territories in compliance with the activities of the Regulatory Council;

16.1.2.to determine and implement policies and priorities for crime prevention activities in the respective territories according to Article 15.1.1 of this Law;

16.1.3.to develop and implement crime prevention programs or plans with the involvement of the public and state administrative bodies and law enforcement agencies of the respective territories and ensure their implementation;

16.1.4.to provide professional and methodological support on crime prevention to law enforcement agencies and other organizations and regulate and coordinate its cooperation;

16.1.5.to develop proposals on the actions for preventing and combating crimes and violations for presentation to the upper level organization;

16.1.6.by means specified in Articles 15.1.9, 15.1.10 and 15.1.11 of this Law and other laws.

Article 17.Powers of the Regulatory Council on Crime Prevention Activities

17.1.The Regulatory Council shall exercise following powers:

17.1.1.to establish the Sub-Council and approve its composition and working procedure;

17.1.2.to develop nationwide programs or plans on crime prevention, monitor and ensure their implementation;

17.1.3.to cooperate with non-governmental organizations and legal entities which are engaged in crime prevention, and support their activities within the relevant legislation;

17.1.4.to participate in the development of state policies and legislation on crime prevention;

17.1.5.to develop a proposal on comprehensive measures on crime prevention and present at the Cabinet meeting;

17.1.6.to engage and cooperate with all levels of government organization and local administration within its' powers;

17.1.7.to ensure effective system for the prevention of crimes and violations and provide professional and methodological support to the activities of governmental organizations;

17.1.8.to establish and operate a working group, which consists of the representatives of the public, scientists and relevant governmental and non-governmental organizations;

17.1.9.to monitor and inspect preventive actions taken against crimes and violations by the Branch Council and Sub-Council and governmental organizations and their compliance with legislation on prevention of crimes and violations;

17.1.10.to monitor the implementation of crime prevention programs or plans, ensure their implementation at the national level and coordinate the activities of the Branch Council and Sub-Council regarding the implementation of such programs or plans;

17.1.11.to obtain reports on completed crime prevention activities from state administrative bodies and other organizations as well as the Branch Council and Sub-Council;

17.1.12.to conduct inspections in the state central administrative bodies and other organizations regardless of their type of property ownership on the compliance of the crime prevention legislation and decisions of the Council and discuss reports, presented by senior management of these organizations and provide guidance at the meeting of the Council;

17.1.13.to allocate and spend the budget for maintaining public order and preventing crimes as specified in the Law on Budget and other relevant legislation;

17.1.14.to monitor the utilization of funds and assets for crime prevention activities and obtain reports from the relevant organizations for analysis on a half-annual or a annual basis;

17.1.15.to pool certain amount of funds for crime prevention activities under the authority of the Regulatory Council for specific comprehensive measures, if considered necessary;

17.1.16.to make a proposal to the relevant upper level organizations and officials with respect to the imposition of liabilities on an official who failed to comply with the decision of the Regulatory Council and obtain a response;

17.1.17.to develop the cooperation with foreign countries on the prevention of crimes and violations;

17.1.18.to review and analyze legislation and draft legislation and provide reasonable comments and recommendations to the lawmakers and the State Great Khural, if the draft legislation poses a potential for increasing the rate of crimes and violations;

17.1.19.to approve common operating procedure of the Branch Council.

/This sub-paragraph was amended by the law as of April 22, 2022/

17.2.The Branch Council and Sub-Council shall exercise the powers for their duties as specified in Article 17.1 of this Law.

Article 18.Regulation of Preventive Actions Against Violations

18.1.The competent authority for investigation and prosecution of specific violations shall be responsible for the preventive actions against violations as specified in Article 1.8 of the Law on Violation Resolving Procedure.

18.2.The preventive actions against violations shall be carried out in following forms:

18.2.1.Each competent authority for investigation and prosecution of violations shall engage in statistical activities and exchange statistical information of violations according to their duties;

18.2.2.to determine policies and approaches for prevention of violations for implementation based on the analysis of circumstances, causes and conditions of the violations;

18.2.3.to regulate and coordinate the activities of governmental and non-governmental organizations for prevention of violations;

18.2.4.to develop programs or plans on prevention of violations with the involvement of the public and state administrative bodies and law enforcement agencies and ensure their implementation;

18.2.5.to establish and keep information system for violations and their prosecution and prevention process;

18.2.6.to develop a proposal on state policies and planned actions of the Government with respect to combating and preventing violations;

18.2.7.to regularly analyze and evaluate effectiveness of the measures taken for prevention of violations;

18.2.8.to involve citizens and legal entities in preventive actions against violations regardless of their property type;

18.2.9.to develop proposals to improve legislation on violations for submission to the Cabinet Member in charge of legal affairs.

18.3.State General Prosecutor's Office shall be engaged in nationwide statistical activities of violations and ensure consistency between these activities.

18.4.The state central administrative body in charge of legal affairs shall develop proposals on state policies and planned actions of the Government on prevention against violations, and ensure consistency between the policies on the prevention of violations in cooperation with the State General Prosecutor's Office.

18.5.The organization and official specified in Article 18.1 of this Law shall submit the program, plan and performance report specified in Article 18.2.4 of this Law to the Cabinet Member in charge of legal affairs on an annual basis.

18.6.The Council for the regulation of preventive actions against violations can be established under the Cabinet Member of legal affairs by the decision of the Government.

Article 19.Evaluation of Preventive Actions Against Crimes and Violations by an independent Organization

19.1.The preventive activities and actions against crimes and violations shall be assessed by an independent organization at least once in three years to derive a conclusion on such activities at a national level or Branch Council and Sub-Council, state administrative and law enforcement agency levels, respectively.

19.2.The organization specified in Article 19.1 of this Law shall be a non-profit legal entity that is free from any conflict of interest which protects human right and freedom and prevents crimes and violations. The Regulatory Council shall approve the requirements for this organization and the selection procedure.

Article 20.Planning of Preventive Actions Against Crimes and Violations

20.1.Preventive actions against crimes and violations shall be carried out according to the programs or plans as specified in the law.

20.2.Programs or plans for prevention of crimes and violations shall be based on the public needs and requirements and analysis of the crime and violation conditions, future trends and outcome of the actions by the governmental organizations.

20.3.The organization and official which approved the program or plan shall monitor their implementation.

Article 21.Preparation and Specialization of Human Resources

21.1.Regular trainings shall be provided in order to improve the knowledge and skills or to be specialized in certain areas of management and executive officials of governmental and non-governmental organizations which combats and prevent crimes and violations.

21.2.The training provided in Article 21.1 of this Law shall be organized with the help of tertiary education and research institutions or implementing organizations for the prevention of crimes and violations. Specialized training centers can be established in the capital city as well as in the regional centers.

21.3.The training and preparation of the officials of law enforcement agencies that combat crimes and violations shall be guided by the principles of specializing them in certain areas and appointing them to positions based on their specialties.

21.4.The workload of an official who combats crimes and violations shall be determined at a regular interval based on the circumstances of crimes and violations. It must comply with international standards, and human resources and required staff shall be recruited, as required.

Article 22.Study on Crimes and Violations

22.1.The implementing organization for preventive actions against crimes and violations shall conduct a research on the circumstances of crimes and violations every two years, a research on the potential risk of suffering crimes on a national level or a territorial level every three years, or a research on specific crimes and violations among the general public, respectively.

22.2.The research provided in Article 22.1 of the Law shall be independent from the organization which combats crimes and violations as well as its official statistical records, and the research shall be aimed at identifying actual circumstances of crimes and violations and determining the impacts and harms of crimes and violations on the society.

22.3.The organizations and officials which prevent crimes and violations shall use the research results specified in Article 22.1 of this Law to develop plans and programs for prevention of crimes and violations and plan preventive actions.

Article 23.Engaging in Statistical Activities related to Crimes and Violations

23.1.Law enforcement agency, prosecutor's office and judicial administration shall establish and use an integrated database of crimes and violations in order to ensure consistency between the information on crimes and violations, identify causes and conditions, develop an integrated prevention policy and provide prompt services to citizens.

23.2.In order to identify causes and conditions of crimes and violations, the organization specified in Article 23.1 of this Law shall carry out statistical activities of crimes and violations as set forth below:

23.2.1.to keep records on crimes and violations, develop electronic database and provide and transfer information;

23.2.2.to process and store crime and violation records, prepare statistical information, conduct research and analysis, publish and ensure accuracy of the information.

23.3.The National Statistics Office shall approve the official form and methodology for the statistical information provided in Article 23.2 of this Law in consultation with the particular organization, while the administrative form and methodology for the statistical information shall be approved by the particular organization with the permission from the National Statistics Office.

Article 24.Research on Causes and Conditions of Crimes and Violations

24.1.The research institution to study causes and conditions of crimes and violations shall operate under the Cabinet Member in charge of legal affairs and comply with this Law and other relevant legislation.

24.2.The research institution, specified in Article 24.1 of this Law shall be commissioned and funded by the Cabinet Member in charge of legal affairs and other interested legal entities and persons to conduct research works on causes and conditions of crimes and violations.

24.3.The institution specified in Article 24.1 of this Law shall have following duties:

24.3.1.to provide implementing organizations which combat crimes and violations as well as local administration and certain social group with information required for the prevention of crimes and violations;

24.3.2.to provide support for the development and promotion of the use of scientific knowledge and tools in crime prevention;

24.3.3.to systemize crime prevention knowledge, information and approach and eliminate omissions and shortcomings;

24.3.4.to share the knowledge, information and approach with the general public and other scientific fields, organizations and employees on the prevention of crimes and violations;

24.3.5.to adopt knowledge and information on prevention of crimes and violations, make proposals and initiatives, and develop proposals on solving potential problems which may arise during the prevention of crimes and violations;

24.3.6.to review and analyze the legislation and draft legislation;

24.3.7.to conduct the research specified in Article 22.1 of this Law.

CHAPTER FOUR

POWERS OF GOVERNMENTAL ORGANIZATIONS FOR PREVENTION OF CRIMES AND VIOLATIONS AND RIGHTS AND OBLIGATIONS OF PARTICIPANTS TO THE PREVENTIVE ACTIONS AGAINST CRIMES AND VIOLATIONS

Article 25.Powers of the Government on Prevention of Crimes and Violations

25.1.The Government shall exercise following powers with respect to the prevention of crimes and violations:

25.1.1.to determine integrated policy and approach to prevent crimes and violations for implementation;

25.1.2.to approve normative acts which regulate certain relations for the prevention of crimes and violations;

25.1.3.to improve the efficiency of crime and violation prevention system, improve the activities which are carried out in this area and develop draft legislation;

25.1.4.to approve action plan or program to comply with the approaches provided in Articles 6.1.1, 6.1.2 and 6.1.4 of this Law with respect to the prevention of crimes and violations;

25.1.5.to specify the cost required for implementation of the plan or program specified in Article 25.1.4 of this Law in the annual state budget and present to the State Great Khural;

25.1.6.to develop integrated reports and records on preventive actions against crimes and violations, conduct analysis and approve the procedure on the evaluation of the outcome of preventive actions against crimes and violations;

25.1.7.to approve the procedure and composition of the Regulatory Council based on the proposal from the Cabinet Member in charge of legal affairs;

/This sub-paragraph was amended by the law as of April 22, 2022/

25.1.8.to monitor preventive actions against crimes and violations taken by state central administrative bodies and government agencies;

25.1.9.to strengthen international cooperation and prepare professional units and specialists in preventing and combating crimes and violations;

25.1.10.to approve the procedure for receiving passenger information specified in Article 8.2.10 of this Law in advance, exchanging information and ensuring its security.

/This sub-paragraph was added by the law as of December 31, 2020/

25.2.The Government shall take measures to support crime prevention activities to the local administration.

Article 26.Powers of the Cabinet Member in charge of Legal Affairs for Prevention of Crimes and Violations

26.1.The Cabinet member in charge of legal affairs shall exercise following powers for the prevention of crimes and violations:

26.1.1.to coordinate the activities of the state central administrative body, local administration, court, prosecutor and other law enforcement agency to prevent and combat crimes and violations, and provide supervision to Regulatory Council;

26.1.2.to monitor and inspect the implementation of legislation and government decisions on crime prevention;

26.1.3.to consult with the court, prosecutor, police and other law enforcement agency to develop the draft of nationwide action program or plan to combat and prevent crimes for submission to the Government;

26.1.4.to provide recommendations on preventing and combating crimes;

26.1.5.to develop the cooperation with foreign countries with respect to preventing and combating crimes and violations;

26.1.6.to conduct research to study the causes and conditions of crimes and violations.

Article 27.Obligations of Governmental Organizations for Prevention of Crimes and violations

27.1.All levels of governmental organizations shall have following obligations with respect to the prevention of crimes and violations in addition to those provided in Article 30.1 of this Law:

27.1.1.Within the scope of their obligations and rights, to take comprehensive measures to raise legal awareness among general public on legislation and instill law-abiding behaviors and norms in citizens;

27.1.2.to provide support, exchange information and cooperate with other organizations for the prevention of crimes and violations within the authority provided by the laws;

27.1.3.to combat crimes and violations, develop and implement preventive actions, report and promote relevant legislation and organize trainings within the scope of work;

27.1.4.to determine causes and conditions and leading factors of the crimes and violations, deliver a notice to eliminate such causes, conditions and leading factors and monitor compliance within the scope of work;

27.1.5.others as specified in legislation.

Article 28.Obligations of Local Administration for Prevention of Crimes and Violations

28.1.All levels of local administration shall have following obligations with respect to the prevention of crimes and violations:

28.1.1.All levels of local administration shall organize preventive actions against crimes and violations in coordination with the activities of upper level organizations within their authority;

28.1.2.to organize preventive actions against crimes and violations in their respective jurisdiction according to an integrated program or plan;

28.1.3.to specifically plan and fund the cost for preventive actions against crimes and violations from own budget;

28.1.4.to cooperate with court, prosecutor and law enforcement agency and support the activities, proposals and initiatives of non-governmental organizations and citizens which are engaged in the prevention of crimes and violations;

28.1.5.to provide information on activities conducted for the citizens of the respective territory for prevention of crimes and violations;

28.1.6.to intensify and enhance the activities of the Branch Council;

28.1.7.to cooperate with professional organizations, scientists, researchers and experts to evaluate the circumstances of the crimes and violations registered in the territory and eliminate their causes and conditions;

28.1.8.to support the activities of legal entities and citizens which actively engaged in the reduction of unemployment and poverty and promote appropriate and effective utilization of leisure time for children and young persons;

28.1.9.to assess and evaluate the impacts of the activities of the law enforcement agency of the respective territory;

28.1.10.to exercise powers and execute the duties specified in legislation and follow a policy for prevention of crimes and violations;

28.1.11.to approve and ensure their implementation by aimag and capital city governors the requirements and schedules for cyber game centers, internet cafes and secured loan service providers which operate in the respective territories;

/This sub-paragraph was amended by the law as of April 22, 2022/

28.1.12.to monitor activities of legal entities with special licenses to manufacture, sell and serve alcoholic beverages, and produce, import and sell narcotics and psychotropic drugs and precursor chemicals in the respective territories within own authority;

28.1.13.to create workplace and provide support in gaining work practices and experiences in order to prevent former convicts from committing a crime and an violation;

28.1.14.to appoint a public inspector in order to maintain public order;

28.1.15.in order to ensure the safety of citizens, to permanently create, maintain a maintenance and repairing, as well as to be responsible for the relevant expenses in respect to the integrity and storage security of the video recording techniques and equipment being used in public streets and areas, as well as their normal working conditions and opportunities;

/This sub-paragraph was added by the law as of April 22, 2022/

28.1.16.others as specified in legislation.

/The numbering of this sub-paragraph was amended by the law as of April 22, 2022/

Article 29.Obligations of Law Enforcement and State Inspection Agencies for Prevention of Crimes and Violations

29.1.The law enforcement and state inspection agencies shall comply with following obligations for the prevention of crimes and violations:

29.1.1.to discover, analyze and eliminate causes and conditions of crimes and violations;

29.1.2.to identify a person who may commit a crime or an violation and include him/her in prevention records;

29.1.3.to detect any person preparing to commit a crime or an violation and halt such crime or violation;

29.1.4.to ensure participation and cooperate with non-governmental organizations, legal entities and citizens for prevention of crimes and violations;

29.1.5.to analyze the circumstances of the crimes and violations, and determine the focus areas of preventive actions against crimes and violations;

29.1.6.to develop action plan and provide professional and methodological advice for preventive actions against crimes and violations of affiliate units, organizations and officials, if the crime circumstances have worsened;

29.1.7.to develop a proposal on analyzing and improving the implementation of legislation and decisions of administrative organizations on prevention of crimes and violations;

29.1.8.to conduct a regular analysis on circumstances of crimes and violations within the respective territories and functions;

29.1.9.to assess and evaluate the actions taken by respective units, organizations and officials for prevention of crimes and violations and take actions to improve their actions;

29.1.10.to provide a statement or a recommendation on the causes and conditions of the crimes and violations and specific measures to eliminate such causes and conditions, to the local administrative organization, legal entities and their officials pertaining to respective territories or duties;

29.1.11.to monitor the sentenced person as per the legislation;

29.1.12.others as specified in legislation.

Article 30.Common Obligations of Legal Entities for Prevention of Crimes and Violations

30.1.The legal entity shall have following common obligations for the prevention of crimes and violations:

30.1.1.to take specific measures to detect and discover causes and conditions of crimes and violations within the organization or its activities;

30.1.2.to take measures to eliminate causes and conditions with respect to the occurrences of crimes and violations in the operating location or nearby location;

30.1.3.to provide information on and promote relevant legislation to the employees in order to prevent crimes and violations;

30.1.4.to support the implementation of programs, plans, actions and activities which are aimed at the prevention of crimes and violations;

30.1.5.to ensure that surveillance and security cameras and appliances installed outside of buildings and facilities are compatible to be connected to the integrated police information network without any additional cost or charge, and to create the necessary technical conditions and opportunities, and to constantly monitor the normal operation;

/This sub-paragraph was amended by the law as of April 22, 2022/

30.1.6.others as specified in legislation.

30.2.The legal entity which received a statement, a recommendation or a requirement to eliminate causes and conditions of crimes and violations and prevent crimes and violations from parties other than those provided in Article 13.1.4 of this Law, shall take appropriate actions and respond in a timely manner accordingly.

30.3.The commissioner of the central police authority shall approve the procedure on connecting the surveillance and security cameras and appliances specified in Article 30.1.5 of this Law to be connected to the integrated police information network.

30.4.The legal entity may provide employment or support in giving work practices and experiences to eliminate causes and conditions of crimes and violations and prevent a former convict from committing a crime or an violation.

Article 31.Citizen's Rights and Obligations for Prevention of Crimes and Violations

31.1.The citizens shall have following obligations with respect to the prevention of crimes and violations:

31.1.1.to avoid causing any damage to other's reputation, dignity and rights and legitimate interests, remain respectful of other's dignity and reputation when expressing own views, avoid instigating others to commit a crime or an violation and causing disruption in public safety and public order;

31.1.2.to support and volunteer for the events organized by local administration, and crime prevention and public order enforcement agency to maintain public order in the respective territories;

31.1.3.to report any findings on crimes and violations to relevant organizations;

31.1.4.to protect one's own life, health and property and those of others from a criminal act within legal framework;

31.1.5.to make demand to others on uncovering and halting crimes, promptly report and avoid covering up a crime, cooperate with and provide assistance to police and legal organizations within the legal framework;

31.1.6.to refrain from illegally acquiring, storing, selling and carrying firearms, knives, weaponries and special devices;

31.1.7.to strictly comply with the procedures for getting registered and holding relevant documents as provided in legislation on state registration;

31.1.8.to prevent children and minors under his/her care from crimes and violations and prevent their involvement in crimes and violations;

31.1.9.others as specified in legislation.

31.2.The citizen shall have following rights with respect to the prevention of crimes and violations:

31.2.1.to demand others to maintain public safety and public order;

31.2.2.to raise issues and make demands to the relevant organizations and officials to eliminate causes and conditions of crimes and violations;

31.2.3.to protect properties as well as health and lives of oneself and others from criminal attack;

31.2.4.to receive protection against risks which may arise due to the execution of the obligations provided in the law;

31.2.5.others as specified in legislation.

Article 32.Obligations of Mass Media in Prevention of Crimes and Violations

32.1.The mass media shall have the main purpose of reporting the prevention of crimes and violations, elimination of their causes and conditions, and introducing and warning the consequences of the crimes and violations to the general public while reporting and broadcasting or making a program on crimes and violations.

32.2.The mass media shall promptly publish or broadcast any urgent information on preventing or deterring crimes and violations free of charge at the request of the competent authority.

32.3.Cabinet members in charge of legal and communication matters shall jointly approve the procedure on publishing and broadcasting the urgent information free of charge as provided in Article 32.2 of this Law.

32.4.The content of information and publication or the program of the mass media shall specify the means of combating and preventing crimes, protecting oneself or others from potential risks of crimes and violations, and legally protecting own rights and legitimate interests.

32.5.Cabinet members in charge of legal and communication matters shall jointly approve the percentage of the information and publication with the content or the program provided in Article 32.4 of this Law as well as the extent of mandatory publication and minimum amount of information in the total information.

32.6.It is prohibited to publish and broadcast through the mass media any information, promoting or advertising violence, murder, slaughter, immorality and crime, showing detailed methods of crimes, describing detailed methods and means of committing and concealing crimes, depicting crimes and violations as the means of increasing profit and income or potentially motivating crimes and violations.

32.7.It is prohibited to report any person as guilty of committing a crime or an violation when the court has not proved him/her guilty.

32.8.The mass media is obliged to report any issues to the police authority with respect to clearly illegal publication, program and advertisement of criminal nature.

32.9.It is prohibited to show or broadcast the face and voice of a victim or a witness in a recognizable manner without their permission, disseminate their personal information or produce information, publication or program which accuses the victim.

CHAPTER FIVE

FORMS OF CITIZEN AND PUBLIC PARTICIPATION IN PREVENTIVE ACTIONS AGAINST CRIMES AND VIOLATIONS

Article 33.Involving Citizens in Prevention of Crimes and Violations

33.1.The implementing organization for prevention of crimes and violations shall involve citizens in organizing preventive actions against crimes and violations in the following forms:

33.1.1.to provide reward persons and legal entities that actively participated in preventive actions against crimes and violations;

33.1.2.to pay citizens for information on crimes and violations;

33.1.3.to support proposals and initiatives of the public on the prevention of crimes and violations;

33.1.4.to establish external public control system for the activities of governmental organizations;

33.1.5.to ensure participation of citizens in the decision-making on prevention of crimes and violations;

33.1.6.to provide guarantee to citizens to participate in preventive actions against crimes and violations;

33.1.7.to employ public inspectors to maintain public order.

Article 34.Providing rewards to Citizens and Organizations Which Actively Participated in Prevention of Crimes and Violations

34.1.A citizen or a legal entity shall be rewarded for their active participation in the prevention of crimes and violations, organization of certain actions and achievement of results.

34.2.If a fine up to 200 units was imposed on the violation reported by the citizen, monetary rewards equal to up to 20% of the fine shall be provided to the citizen. If a fine more than 200 units was imposed, monetary rewards equal to up to 10% of the fine shall be provided to the citizen.

/This paragraph was amended by the law as of April 22, 2022/

34.3.Cabinet members in charge of legal affairs and financial and budget matters shall jointly approve the forms and procedures of the rewards as specified in Articles 34.1 and 34.2 of this Law.

34.4.The Chairman of the Regulatory Council or Branch and Sub-Council shall make a decision on rewarding a person who made efforts for the prevention of crimes and violations and played a crucial role in discovering and deterring crimes and violations or recommending him/her for state and government awards in consideration of proposals from relevant governmental and non-governmental organizations.

Article 35.Pay Citizens to Obtain Information on Crimes and Violations

35.1.The competent authority for investigation of crimes and violations may pay citizens to obtain information on preparation and occurrence of crimes and violations.

35.2.The Article 6.2 of the Law on Violation Resolving Procedure and Article 30.5 of the Criminal Procedure Law shall be followed in making payment to obtain information on crimes and violations.

35.3.The competent authority or official for the investigation and record-keeping of criminal and violation cases shall strictly maintain confidentiality and ensure the safety of the informant, if necessary.

Article 36.Support on Citizens' Proposals and Initiatives for Prevention of Crimes and Violations

36.1.The law enforcement agencies and state administrative bodies provided in Article 14.1 of this Law shall provide support and cooperate on the proposal and initiative of citizens, legal entities and non-governmental organizations on new approaches, actions, projects and programs to combat and prevent crimes and violations.

36.2.The Article 36.1 of this Law shall be implemented as follows:

36.2.1.to involve non-governmental organizations and experts which are engaged in the protection of human rights and prevention of crimes and violations in preventive actions against crimes and violations;

36.2.2.to fund study and research aimed at preventing crimes and violations and improving prevention of crimes and violations and provide information to these activities;

36.2.3.to provide support to use of technique and technology which is created and developed for the prevention of crimes and violations;

36.2.4.to provide financial and other support and assistance to legal entities engaged in the prevention of children and young persons from committing a crime or an violation;

36.2.5.to support initiatives of the public on the prevention of crimes and violations and ensure their implementation, if necessary.

Article 37.Establishing an External Public Control System in Prevention of Crimes and Violations by Governmental Organizations

37.1.The activities of governmental organizations and officials shall be open and transparent and shall be carried out under the public control.

37.2.The organization which enforces public control as specified in Article 37.1 shall not have the right to conduct state inspection and it is prohibited to participate in decision-making processes and internal affairs with respect to the authority of the organizations and officials during the implementation of the control measures.

37.3.The Government shall approve the procedure on public control provided in Article 37.1 of this Law.

Article 38.Ensuring Citizen Participation in the Decision-Making in the Prevention of Crimes and Violations

38.1.All levels of governmental organizations and officials shall ensure public involvement for the development of programs or plans and their implementation in order to prevent crimes and violations.

38.2.The measures for involving the public as provided in Article 38.1 of this Law shall be carried out as follows:

38.2.1.to include citizens' representatives in the composition and activity of the Regulatory Council and Branch Council;

38.2.2.to involve citizens' representatives in the activities of unit which will implement crime and violation prevention programs or plans;

38.2.3.to obtain feedback from the public and organize public discussion on the particular project, while developing programs or plans;

38.2.4.to review the feedback from the citizens during the implementation of programs or plans and specify necessary changes in the programs or plans;

38.2.5.to obtain feedback from the public on the implementation of the programs or plans and comply the programs or plans to the needs and requirements of the public;

38.2.6.to ensure public involvement and apply public control on the spending of the budget for the prevention of crimes and violations.

Article 39.Securing Citizen Participation in Preventive Actions Against Crimes and Violations

39.1.The citizens shall not be liable for the property damages caused to others, while exercising their rights for prevention of crimes and violations as specified in Article 31 of this Law. The damages shall be compensated by the guilty party who committed the crime or violation.

39.2.If it was found that damages were caused to a person or a legal entity due to the compliance with obligations for crime and violation prevention or participation in crime and violation prevention, the damages shall be covered by the funding provided in Article 46.1 of this Law and later compensated by the guilty party.

39.3.If a citizen suffered health damage or died while complying with his/her obligation of crime and violation prevention, following difference and expenditure of pensions and benefits shall be provided to the citizen or his/her family:

39.3.1.Sick leave allowance and difference in the salary received, in case of temporary disability;

39.3.2.Disability pension and difference in the salary received, in case of disability;

39.3.3.Survivor's pension and difference in the salary received, in case of the death of a citizen;

39.3.4.Costs related to artificial organ/prosthetics.

39.4.If the salary of the injured person changes since the determination of the pension specified in Articles 39.3.2 and 39.3.3 of this law, the difference shall be calculated from the new salary amount.

39.5.The pension and difference in the salary specified in Articles 39.3.2 and 39.3.3 of this Law shall be provided for the term of disability pension and survivor's pension.

39.6.If a person specified in Article 39.3 of this Law cannot receive any pension or allowance due to not having employment or regular salary or income, he/she shall be compensated by an amount which is not less than the minimum wage amount. 

39.7.The compensation shall be provided during the period in which the person experiences disability.

39.8.Pension, allowance, difference in salary, cost for prosthetics/artificial organ and compensation specified in Articles 39.3 and 39.6 of this Law shall be disbursed from the budget from crime prevention and later compensated by the guilty party.

39.9.A guarantee specified in this Article for the citizen to comply with his/her obligation to prevent crimes and violations shall equally apply to administrative and executive officials of a legal entity which incurred losses due to the preventive actions against crimes and violations.

Article 40.Appointment of Public Inspector to Maintain Public Order

40.1.In order to prevent crimes and violations, the soum and district governor shall appoint public inspectors for patrolling their respective territories based on the proposals from non-government organizations and bagh and khoroo governors.

40.2.Citizens' Representative Khurals of the soum or district level shall determine the number of public inspectors in the respective territory by taking into consideration such factors as population density and occurrence rate of crimes and violations.

40.3.Police authority shall provide professional management to the activities of the public inspectors in addition to the giving required support and assistance for citizens, legal entities and public inspectors to comply with their obligations provided in this Law.

40.4.The public inspectors shall be rewarded as specified in the procedure provided in Article 34.3 of this Law.

40.5.The public inspector shall have following rights and obligations with respect to maintaining public order:

40.5.1.to promote and introduce legislation to the citizens;

40.5.2.to participate and assist in the activities organized by the local administration, police authority and non-governmental organizations to maintain public order;

40.5.3.to conduct patrol to prevent crimes and violations in the territory of his/her responsibility, take measures to deter discovered crimes and violations and inform relevant authority;

40.5.4.to make requirement to deter crimes and violations, stop illegal activities, prevent crimes and violations, eradicate violations and check documents;

40.5.5.to inform relevant organizations and officials about the potential conditions for crimes and violations and eliminate causes and conditions which led or may lead to a crime or an violation.

40.6.The public inspector shall be provided with the guarantee specified in Article 39, when exercising the rights for the prevention of crimes and violations.

40.7.The common working procedure for public inspectors shall be approved by the cabinet member in charge of legal affairs.

/This paragraph was added by the law as of April 22, 2022/

CHAPTER SIX

SUPERVISION FOR A FORMER CONVICT

Article 41.Imposition of Supervision on a Former Convict

41.1.A person committed the crimes provided in Articles 10.1, 11.2, 12.1, 12.3, 15.1, 15.5, 15.6, 16.2, 17.1, 18.6, 19.2, 19.5, 19.6, 19.8, 20.3, 20.7, 20.8, 26.1, 26.2, 26.3, 29.8 and 29.10 of the Criminal Code and released after more than 2 years of imprisonment or a person who was discharged early after serving more than 2 years in prison as specified in Articles 6.12, 6.13 and 6.14 of the Criminal Code, or a person whose period of supervision ended as specified in Criminal Procedure Law and Law on Enforcement of Court Decisions shall be supervised in order to prevent them from committing crimes.

41.2.The police authority which is in charge of the respective jurisdiction and its officers shall execute the supervision provided in Article 41.1 of this Law. If necessary, it can be assigned to the police authority unit and officer which specialize in combating specific crimes, depending on the types of crimes committed, as per the decision of the central police authority.

41.3.If the period of supervision ends, the supervision shall be terminated by the commissioner of the police authority of the respective territory.

41.4.The person specified in Article 41.1 of this Law shall be registered at the police authority within a week following his/her release from imprisonment or arrival at the permanent residence.

41.5.The statement of release along with the appropriate references shall be delivered to the police authority of permanent residence by the penal institution 30 days before the release of the imprisoned person or by court decision enforcement agency conducting the supervision 30 days before the expiry of the period of supervision specified in Article 37.6 of the Criminal Procedure Law or as soon as he/she is discharged or released early as provided in Article 6.12, 6.13, and 6.14 of the Criminal Code, respectively.

Article 42.Period of Supervision

42.1.Unless otherwise provided by laws, the control measures shall be imposed for 1-3 years by the decision of the commissioner of the police authority of the respective territory in coordination with the period of imprisonment, for the person provided in Article 41.1 of this Law.

42.2.If the person under supervision commits a crime during the period of supervision, two years will be added to the period provided Article 42.1 of this Law.

42.3.If the person under supervision avoids control measures (failed to register as specified in the laws, or registered but failed to register at the police authority for 3 months or more than 3 months), escaped (failed to register as specified in the laws, or registered but failed to register at the police authority for 6 months or more than 6 months), or repeatedly failed to comply with the obligations specified Article 43.1 of this Law (3 or more times), the period of supervision shall be extended by 6 months each time by the decision of the official specified in Article 42.1 of this Law.

42.4.If there are adequate grounds that the person under supervision may commit a crime again or he/she is suspected and investigated as a defendant for a criminal case, the monitoring period may be extended until the there are no such grounds by the decision of the official specified in Article 42.1 of this Law.

42.5.If the person under supervision complies with legal provisions, shows improved behavior and complete adaptation to the society, has adequate grounds for not committing any crime in the future or plans to travel abroad for a long period, the period of supervision may be terminated in advance by the decision of the official provided in Article 42.1 of this Law.

42.6.If the period of supervision was extended as specified in Articles 42.2, 42.3 and 42.4 of this Law, the total period of supervision shall not exceed maximum period of imprisonment provided in the Criminal Code for the crime committed by the person under supervision.

42.7.The commissioner of the central police authority and state general prosecutor shall consult and establish the standards for developing the supervision profile template and determining the period of supervision.

Article 43.Obligations of the Person under Supervision

43.1.The person under supervision shall have following obligations:

43.1.1.to respect and adhere to the legislation;

43.1.2.to report to the police authority in person once a month for registration purposes;

43.1.3.to arrive on time as required by the police authority;

43.1.4.to inform the respective police authority and register at the police authority of new residence within a week, in case of changing permanent residence;

43.1.5.to notify the police authority in advance, in case of leaving permanent residence for more than 14 days or travelling abroad;

43.1.6.to comply with legal requirements from the respective police authority and police officer, and obligations imposed by an authorized person;

43.1.7.to provide verbal or written explanation on obligations, restrictions and limitations imposed by an authorized person, if necessary;

43.1.8.to allow supervision officer to enter, inspect and search his/her owned land, residence or property as specified in the law.

43.2.The supervision shall not constitute ground for the limitations of human right and freedom in ways other than those specified in this Article.

Article 44.Police Authority and Police Officer's Power on Supervision

44.1.Police authority and police officer shall exercise following powers during the supervision:

44.1.1.to obtain statement, reference and explanation on behaviors and actions of the person under supervision from the employer or local administration of residential area;

44.1.2.to give recommendations, set requirements, give warnings and call for the person under supervision, whenever necessary, in order to prevent him/her from committing a crime or an violation or by other grounds specified in legislation;

44.1.3.to search and summon if the person under supervision fails to comply with the limitations or obligations set by an authorized person or avoids supervision;

44.1.4.to give warnings and advices and hold discussion with the person under supervision to refrain from committing a crime or an violation in the future;

44.1.5.to impose certain obligations on the parents, guardian and custodian and persons who are in charge of supervising, educating and managing the person under supervision and ensure implementation to prevent him/her from committing a crime or an violation;

44.1.6.to cooperate with local administration and other governmental and non-governmental organizations with respect to provision of assistance to the person under supervision for their adaptation to the society and employment, elimination of causes and conditions which may result in committing a crime or an violation, and solution of other matters.

Article 45.Form of Supervision

45.1.Measure, scope, method and equipment of the supervision shall vary depending on the type, characteristics of the crime and personal condition of the person under supervision.

45.2.The supervision for crime prevention shall be in the forms set forth below:

45.2.1.to hold discussion and provide advice on prevention of crimes;

45.2.2.to provide support and assistance to the person under supervision for adaptation to society and find employment;

45.2.3.to give specific obligations to eliminate causes and conditions which resulted in previous crimes and violations depending on the type of crime (for which he/she was sentenced) and his/her personal condition and ensure their implementation;

45.2.4.to set specific requirements, restrictions and limitations with respect to the behavior, employment and activity of the person under supervision;

45.2.5.to inspect his/her employment status and activity in person;

45.2.6.to examine the use of narcotics and psychotropic substances by a person under supervision who committed a crime related to illegal circulation of narcotics and psychotropic substances;

45.2.7.to take compulsory medical and educational measures by the decision of authorized official as per the procedure provided in legislation and give compulsory medical treatment according to administrative procedures.

45.3.If the person under supervision proves by his/her behavior that he/she is no longer a threat to the society, in the first half of the period determined as per Article 42.1 of this Law and no longer requires supervision, the level of supervision specified in the law can be commuted in the remaining period as per the decision of the commissioner of police authority for supervision.

45.4.The person under supervision provided in Article 45.2 of this Law, shall be encouraged depending on his/her positive behavior by not summoning the person under supervision unless there is an absolute necessity or extending the period and frequency provided in Articles 43.1.2, 43.1.4 and 43.1.5 of this Law or cancelling some pre-determined obligations, restrictions and limitations.

45.5.A citizen, a governmental organization or a non-governmental organization may participate in the supervision process on a voluntary basis.

CHAPTER SEVEN

FUNDING FOR PREVENTION OF CRIMES AND VIOLATIONS

Article 46.Funding for Prevention of Crimes and violations

46.1.Not less than 40% of the budgeted fund of the given year from the fines charged as per the Criminal Code and fines charged for violations specified in paragraphs 1, 2 of Article 5.1, Articles 5.2, 5.3, paragraphs 1, 2, and 3 of Article 5.4, Articles 5.5, 5.6, and 5.7, paragraphs 1, 2, 3, 4, and 5 of Article 5.8, Article 5.9, paragraph 1 of Article 5.10, sub-paragraph 1.5, paragraphs 4 and 6 of Article 5.11,  paragraph 1, sub-paragraph 2.1, paragraph 3 of Article 5.12, Articles 5.16, 5.18, paragraphs 1, 2, and 4 of Article 6.3, paragraphs 1, 4, 5, 11 ,12, and 13 of Article 6.5, paragraphs 4, 7 of Article 6.18, paragraphs 4, 5, 7 , and 9 of Article 6.20, Articles 6.21, 6.22, paragraph 8 of Article 7.15, Article 8.8, 10.4, 10.8, 10.26, and 10.28, paragraph 7 of Article 11.15, Articles 13.5, 14.4, and 14.5, paragraphs 5, 6, 7, and 9 of Article 14.6, Articles 14.7, 15.1, paragraph 2 of Article 15.2, Articles 15.6, 15.7, 15.8, 15.9, 15.10, 15.11, and 15.18, paragraph 2 of Article 15.20, Article 15.21, paragraphs 1 and 2 of Article 15.22, paragraph 3 of Article 15.24 of Law on Violations, shall be allocated in the next year's budget whereas at least 20% of which for the funding of improvement of video recording techniques, devices, and the integrated information system of the violation and criminal case investigation organizations, and at least 20 % of which for funding of other crime prevention activities.

/This paragraph was amended by the law as of April 22, 2022/

46.2.The funding for prevention of crimes and violations shall be comprised of other financial sources which are not prohibited by laws, in addition those provided in Article 46.1 of this Law.

46.3.The funding for crime prevention shall be centralized in addition to the approved budget of the aimags and capital city, and allocated and spent by the Sub-Council of the soum and district in consideration of the circumstances and future trends of the crimes.

46.4.The Cabinet Members in charge of legal, financial and budget matters shall approve jointly the procedure on planning, allocating, spending and reporting crime prevention funds. This procedure shall reflect the matters in respect to at least 20% of the funds to be spent on the improvement of video recording techniques, devices, and integrated information system of the violation and criminal case investigation organizations stated in the Article 46.1 of this Law shall be allocated and funded in the budget package of the cabinet member in charge of legal affairs.

/This paragraph was amended by the law as of April 22, 2022/

46.5.The crime prevention funds shall be utilized as following:

46.5.1.to finance training and promotion activities organized among citizens and organizations by law enforcement agencies, non-governmental organizations and citizens for crime prevention purposes;

46.5.2.to reward and encourage individuals and legal entities that showed active participation for crime prevention as specified in Article 34 of this Law;

46.5.3.If a person dies or suffers health damage while performing his/her obligations for crime prevention, difference in pension and allowance, expenditure and compensation shall be provided to the person or his/her family as specified in Article 39 of this Law;

46.5.4.to fund equipment and technical instruments required for crime prevention activities of organizations which combat crimes and legal duties of forensic organizations;

46.5.5.to fund the payment for obtaining information from citizens regarding the crimes and violations prepared, attempted or committed;

46.5.6.to develop draft legislation on combating and preventing crimes and violations, conduct evaluation and research and develop rules, procedures and guidelines provided in legislation as specified in Law on Legislation;

46.5.7.to fund the determination of causes and conditions for specific crimes and research on preventive methods and measures for combating and preventing specific crimes;

46.5.8.to finance reward and health insurance premium of public security police;

46.5.9.to finance the expenses in connection with activities of the Regulatory Council's full-time office specified in the Article 14.2 of this Law and its officer's salary, as well as salary for full-time secretary of the Branch councils;

/This sub-paragraph was added by the law as of April 22, 2022/

46.5.10.others provided in legislation.

/The numbering of this sub-paragraph was amended by the law as of April 22, 2022/

46.6.The funding for prevention of violations shall be specified in the package of the general budget governor in consideration of conditions and future trends of the violations.

46.7.The fund for prevention of crimes and violations must not be used for purposes other than those specified in legislation.

46.8.Planning, allocation and spending of the funds for the prevention of crimes and violations shall be monitored by the Regulatory Council, state audit organizations, state central administrative body in charge of financial and budget matters, respective level of Citizens' Representatives Khurals, and authorized person specified in legislation on budget matters.

CHAPTER EIGHT

MISCELLANEOUS

Article 47.Liabilities for the Breach of this Law

47.1.An official who breached this Law shall be subject to liability as per the Law on Public Service, unless his/her actions have criminal nature.

47.2.An individual or a legal entity who breached this Law shall be subject to liability in accordance with the Criminal Code or Law on Violations.

Article 48.Effective Date of the Law

48.1.This Law shall become effective from January 1, 2020.

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA ZANDANSHATAR.G