(2023.08.25-ны өдрийн орчуулга)               Unofficial translation

LAW OF MONGOLIA

December 23, 2022                                  Ulaanbaatar city

ON forensic analysis

/Revised edition/

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the law

1.1.The purpose of this Law is to regulate the relations with regard to forensic analysis, estimation of the surrounding environmental damage, determination of the level of consequences caused to mentality, as well as the identification of grounds and procedures of conducting forensic analysis, the system and functions of the forensic institution, and the legal status of officers of the forensic institution.

Article 2.Legislation on forensic analysis

2.1.The legislation on forensic analysis shall consist of the Constitution of Mongolia, the Law on Civil service, the Law on Criminal procedure, the Law on Civil procedure, the Law on Administrative procedure, the Law on procedure of resolving the violations, the Law on Arbitration, the Law on the enforcement of court decision, the Law on police office, the Law on Pension of military officer, the Law on Environmental impact assessment, this Law, and other legislative acts enacted in compliance 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.Scope of the application of the Law

3.1.This Law shall apply to the implementation of forensic analysis activities during the adjudicating proceedings of criminal, civil, administrative, and arbitration case and dispute, as well as the resolving the violations.

3.2.This Law shall apply to the estimation of the surrounding environmental damage during the adjudicating proceedings of criminal, civil, administrative, and arbitration case and dispute, as well as resolving the violations, and determination of the level of consequences caused to mentality due to crime by the forensic institution.

3.3.This Law shall apply to the implementation of forensic analysis activity during the proceedings of the enforcement of court decisions.

Article 4.Definitions of terms of the Law

4.1.The following terms used in this Law shall have the following meanings:

4.1.1."forensic analysis" means an activity to conduct analysis and issue opinion within the scope of special expertise on the object of analysis specified in the request of a competent official of the proceedings of resolving the violations /hereinafter referred to as "competent official of proceedings of violations"/, and in the resolution of detective, prosecutor, court, and arbitration, and the judge's ordinance during the adjudicating proceedings of criminal, civil, administrative, and arbitration case and disputes, as well as the resolving of the violations;;

4.1.2."special expertise" means scientific, technical, technological, artistic, historical, cultural and economic knowledge and that of other particular fields required for the identification of the reality of case;

4.1.3."analysis on damage assessment" means an activity to estimate the damage assessment of property and surrounding environment, and to conduct analysis and issue opinion on the assessment of consequences caused to mentality during the adjudicating proceedings of criminal, civil, administrative, arbitration case and disputes, as well as the resolving of the violations;

4.1.4."analyst" means a person having special expertise and appointed by the procedure set forth in law to conduct analysis and issue opinion;

4.1.5."expert" means a person, who acquired special expertise, to participate at the request of a competent official in the proceedings of the resolving violations, resolution of detective, prosecutor, court, and arbitration, and judge's ordinance during the adjudicating proceedings of criminal, civil, administrative, arbitration case and disputes, as well as the resolving of the violations;;

4.1.6."forensic analysis institute's analyst" means an officer of the forensic analysis institution /hereinafter referred to as "forensic institution"/, who acquired special scientific expertise and qualification, and participates in the adjudicating proceedings of criminal, civil, administrative, arbitration case and disputes, as well as the resolving of the violations;

4.1.7."competent official to be conducted analysis" means detective, prosecutor, judge, court, arbitration, and competent official of proceedings of violations;

4.1.8."analyst opinion" means a document that is the source of evidence issued within the scope special expertise by ensuring the standards of analysis activity specified in law;

4.1.9."comparative analysis model and sample" means other objects that are necessary for an analyst to examine and issue an opinion and are confiscated and documented according to the procedure set forth in law including person, animal, plant piece, raw material and product derived from animal and plant, corpse, computer software, electronic report, data, photograph, audio recording, video recording, audio-video recording, document, and chemical toxic and hazardous substances;

4.1.10."damage of the object of analysis" means deformation, distortion and modification of shape, design, size, and characteristics of an object during the process of inspection, analysis and experimentation;

4.1.11."loss of object of analysis" means reduction, drainage and destruction of an object during the process of inspection, analysis, and experimentation.

Article 5.Principles to be adhered to in forensic analysis activity

5.1.In forensic analysis activity, the following principles shall be adhered to:

5.1.1.rule of law;

5.1.2.to respect human rights, freedom and legitimate interests;

5.1.3.to be independent;

5.1.4.to adhere to the analyst code of ethics;

5.1.5.to conduct analysis comprehensively, realistically and scientifically from all aspects;

5.1.6.to keep confidentiality; and,

5.1.7.to ensure security.

5.2.The principles set forth in paragraph 5.1 of this Law shall be implemented as follows:

5.2.1.to regulate the relations with regard to forensic analysis by specific law;

5.2.2.to conduct forensic analysis by grounds and procedure set forth in law only;

5.2.3.the forensic institution, analyst and professional organization to be operated by ensuring the condition to respect and not to violate human rights, freedom and legitimate interests when conducting forensic analysis and issuing an opinion;

5.2.4.when the analyst conducts forensic analysis, influence including interference, instruction, direction and recommendation from any third party shall be prohibited;

5.2.5.it shall be prohibited for the forensic institution, analyst and the professional organization to receive donation and financial aid from persons and legal entities in forms other than property, loan, aid, project and program of international humanitarian aid to be supplied in accordance with legislation and international agreement;

5.2.6.if any circumstance, that may affect the result of analysis, is occurred, the analyst to reject to conduct analysis and issues an opinion;

5.2.7.when conducting analysis and issuing an opinion, the analyst to execute the analysis promptly within a possible short period, which shall not affect the result of the analysis by following the standard analysis period;

5.2.8.when conducting analysis, the analyst shall conduct the analysis comprehensively from all aspects by adhering to the manner and method with scientific background and standards of the analysis and issue an opinion, and the analyst to be liable for the grounds of his/her opinion;

5.2.9.the analyst to have his/her safety protected by making requests to forensic institutions, prosecutors and detectives.

CHAPTER TWO

GROUNDS AND GENERAL RULES OF CONDUCTING FORENSIC ANALYSIS

Article 6.Grounds of conducting forensic analysis

6.1.The grounds of conducting forensic analysis /hereinafter referred to as "analysis"/ shall be a decision to be conducted analysis. The decision to be conducted analysis shall include the resolutions of detective, prosecutor, court, and arbitration, and judge's ordinance, and the request of competent official of proceedings of the resolving the violations.

6.2.The complaint and request submitted by person and legal entity regarding the analyst opinion to the forensic institution shall not serve as grounds for conducting analysis.

Article 7.Issuing the decision to have analysis conducted

7.1.If it deems that it is necessary to conduct an analysis, the competent authority set forth in sub-paragraph 4.1.7 of this Law shall issue the decision to have the analysis conducted.

7.2.The decision to have an analysis conducted shall be issued by each type of analysis.

7.3.Decision to have analysis conducted shall reflect the following:

7.3.1.grounds of having analysis conducted;

7.3.2.type and form of analysis;

7.3.3.period to have analysis conducted defined within the scope of the standard period set forth in paragraph 16.7 of this Law;

7.3.4.name of an organization that shall conduct analysis;

7.3.5.name of the organization and analyst if the analysis to be conducted by the  entity other than the forensic institution;

7.3.6.question to be asked from the analyst;

7.3.7.information on the object of analysis including its size, address and location.

Article 8.Entity to conduct analysis

8.1.Analysis shall be conducted by a forensic institution or other entity that is authorized to conduct analysis.

8.2.The following entity shall belong to another entity that is authorized to conduct analysis:

8.2.1.person who acquired the special expertise and has no private interest in the given case;

8.2.2.the analyst who has the authority to conduct analysis according to paragraph 11.1 of this Law;

8.2.3.person who acquired the special expertise and is working at a state organization;

8.2.4.professional organization.

8.3.The Cabinet member in charge of justice shall approve the list of analysis to be conducted at the forensic institution.

8.4.The Cabinet member in charge of justice shall approve the list of analysis that may be conducted by other entity that is authorized to conduct analysis based on the opinion of the forensic institution.

Interpretation: -The "Professional organization" set forth in sub-paragraph 8.2.4 of this Law shall be construed as the sectoral ministry, agency, and organization with special functions irrelative to the given case and dispute, or legal entity that received a right of the professional organization from the competent authority.

Article 9.To have an analysis conducted by forensic institution

9.1.Unless otherwise provided in this Law, the competent authority to be conducted  analysis shall deliver the decision to have analysis conducted to the forensic institution along with the object of analysis.

9.2.The forensic institution shall allocate the object of analysis to the analyst, or analyst team using random allocation software, which is unable to predict the analysis by each type.

9.3.The software set forth in paragraph 9.2 of this Law shall meet the following requirements by ensuring the condition of random allocation, which is unable to predict the analyst to be allocated:

9.3.1.the forensic institution shall be able to make allocations, have protection, which cannot change the allocation, and provide the entity authorized to have analysis conducted with the evidence directly when and how the allocation took place once it receives the decision of analysis and object of analysis;

9.3.2.when allocating the analysis, the forensic institution shall consider the qualification, work experience, proficiency, academic degree and rank and workload of the analyst;

9.3.3.the allocation made electronically shall be changed only in case it was approved or denied by the procedure set forth in this Law, or the analyst or the composition of the analysts was changed and such change shall be apart from human influence, transparent and well documented.

9.4.The competent official who validates the analysis allocation in forensic institution shall explain the rights and obligations of the analyst to the analyst and remind the analyst of the liability to be imposed in case deliberate false opinion is issued in advance.

9.5.Upon validation of the opinion by the analyst, the given analysis shall be deemed as finalized.

9.6.The head of the central organization in charge of forensic analysis shall approve the procedure for allocation of analysis to the analysts using software according to paragraph 9.2 of this Law and the conditions and requirements set forth in paragraph 9.3 of this Law.

Interpretation: -"the competent official who validates the analysis allocation" shall be construed as the officer of the forensic institution implementing the functions set forth in article 48 of this Law.

Article 10.To have analysis conducted by another entity authorized to conduct analysis

10.1.The other entity that is authorized to conduct analysis shall conduct the analysis pertaining to the list set forth in paragraph 8.4 of this Law.

10.2.The competent authority of analysis shall make a proposal to have analysis conducted to the entity set forth in paragraph 8.2 of this Law. The similar entity shall clarify the individual document, documents evidencing the special expertise, qualification and proficiency, grounds for rejection of conducting analysis and issuing opinion and whether the entity wishes to work as the analyst in advance and document accordingly.

10.3.Upon completion of the activity set forth in paragraph 10.2 of this Law, the decision to have analysis conducted shall be issued. The decision of analysis shall be handed over to the entities set forth in sub-paragraphs 8.2.1, 8.2.2 and 8.2.3 of this Law, the management of professional organization, or the entity authorized to represent and they shall be reminded of their rights and obligations in advance with their signatures.

10.4.As stated in paragraph 10.3 of this Law, the entity appointed as the analyst shall conduct an analysis according to this Law and issue an opinion.

10.5.The competent authority of analysis shall define the analysis period within the standard analysis period taking account of the proposal of the entity set forth in paragraph 10.4 of this Law.

10.6.If the analyst issues a request with regard to the analysis in the course of analysis, the entity that appointed him/her shall be liable to take a note according to the procedure set forth in law.

10.7.In case the entities set forth in sub-paragraphs 8.2.1, 8.2.2 and 8.2.3 of this Law have been appointed as the analyst, they shall have the rights and obligations of the analyst as specified in law.

10.8.It shall be prohibited to appoint an analyst in violation of the procedure set forth in this article.

Article 11.Issuance, suspension, restoration, extension and cancellation of license of forensic analyst activities

11.1.The adjunct board /hereinafter referred to as "the Board"/ shall operate to issue proposals and opinions on issuance, suspension, restoration, extension and cancellation of permit of engaging in activity of the analyst to a person who acquired the special expertise. The permit to engage in activity of the analyst shall be granted for 5 years by the decision of the head of the central organization in charge of forensic analysis based on the proposal of the Board.

11.2.The Board set forth in paragraph 11.1 of this Law shall comprise the representation of scientists recommended by the state central administrative organization of the given sector and the representation of non-profit legal entity and forensic institution. The Board shall be set up by the decision of the Cabinet member in charge of Justice.

11.3.The permit holder of the analyst activities shall be granted a certificate, sigil bearing identity number and form of opinion.

11.4.The Mongolian citizen who receives a permit to engage in the analyst activity shall have met the following requirements:

11.4.1.to be experienced or have worked for 10 years or more in his/her profession;

11.4.2.to be covered by forensic analysis training;

11.4.3.to have professional and qualification degree and rank;

11.4.4.to be mentally sane and have no behavioral illness;

11.4.5.to be without conviction;

11.4.6.to have professional testimonials and diploma evidencing his/her special expertise.

11.5.The permit to engage in analyst activity shall be suspended in the following cases by the decision of the head of the central organization in charge of forensic analysis based on the proposal and opinion of the Board:

11.5.1.for a period from 3 to 6 months if the analyst has failed to fulfil the obligations set forth in law, or issued the opinion, which has not satisfied the analysis standards;

11.5.2.for a period until the competent authority issues final decision if the analyst is definitively convicted of a criminal offence set forth in the Criminal code;

11.5.3.others specified in law.

11.6.If the period set forth in sub-paragraphs 11.5.1 and 11.5.2 of this Law has passed, the suspended permit of engaging in the analyst activity shall be restored by the decision of the head of the central organization in charge of forensic analysis.

11.7.The permit to engage in the analyst activity shall be cancelled in the following cases by the decision of the head of the central organization in charge of forensic analysis based on the proposal and opinion of the Board:

11.7.1.upon request of the permit holder engaged in activity of the analyst to cancel his/ her permit;

11.7.2.upon proof of collection of false documents when obtaining the permit to engage in activity of the analyst;

11.7.3.upon issuance of the opinion, which has not satisfied the analysis standards twice, or more than that;

11.7.4.upon proof of serious violation of the analyst code of ethics and legislation;

11.7.5.upon failure to fulfil the demand regarding elimination of violation during the suspension period of permit to engage in activity of the analyst;

11.7.6.upon validation of court decision, which restricts the legal capacity of the analyst, or deems that the analyst has no legal capacity;

11.7.7.upon validation of court decision regarding compulsory action of medical nature;

11.7.8.upon validation of court penalty decision with proof of crime committed.

11.8.Permit to engage in activity of the analyst shall be terminated upon the death of the analyst.

11.9.The Board shall issue opinion in cases of sub-paragraphs 11.7.3, 11.7.4 and 11.7.5 of this Law and issue proposal in cases of sub-paragraphs 11.5.1, 11.5.2, 11.7.1, 11.7.2, 11.7.6, 11.7.7 and 11.7.8 of this Law.

11.10.The Board shall deliver the proposal issued regarding whether to extend the given permit to the head of the central organization in charge of forensic analysis based on the request to extend the permit to engage in activity of analyst and have it resolved.

11.11.The central organization in charge of forensic analysis shall publish the information electronically in public regarding issuance, suspension, restoration, extension and cancellation of permit to engage in activity of an analyst.

11.12.The member of the Cabinet in charge of Justice shall approve the template of the following procedures and forms:

11.12.1.procedure for setting up database, presentation of database in public, use of sigil bearing analyst identity number and form of opinion;

11.12.2.procedure of the Board activity;

11.12.3.template of sigil bearing analyst identity number and form of opinion.

Article 12.Common requirements on object of analysis

12.1.If an object of analysis is likely to lose its properties easily, or be destroyed, or worn away, the competent authority of analysis shall immediately deliver the object to forensic institution and analyst for analysis once it is documented.

12.2.If the competent authority of analysis is unable to deliver the object of analysis to the forensic institution and analyst, it shall provide the analyst with free access to the place, location, object and conditions to conduct analysis.

12.3.The object of analysis shall have met the following common requirements:

12.3.1.to have met the indicators of quantity, size and quality required for conducting analysis;

12.3.2.to have met the requirement of being original or in physical nature, or the special requirement set forth in this Law;

12.3.3.to have issued the act and opinion of competent authority in terms of economic object of analysis.

12.4.If analysis is conducted on the following objects, the competent authority of analysis, forensic institution and analyst shall be notified in advance and decide whether to deliver the object of analysis:

12.4.1.objects, which may affect harmfully on human health, surrounding environment, livestock and wildlife and affect negatively on public safety such as fire arms and their accessories, explosive substances and their accessories, pyrotechnical devices, radio-active source, chemical and biological toxic substances;

12.4.2.vehicles and their bulky parts;

12.4.3.livestock, wildlife, plant, cultural valuables, historical and cultural movable artifacts and historical and cultural immovable artifacts and objects bearing other distinguishing features;

12.4.4.bulky and sizeable object.

12.5.The Cabinet member in charge of Justice shall approve the list objects set forth in sub-paragraph 12.4.1 of this Law.

Interpretation: -"object of analysis" set forth in paragraph 12.1 of this Law shall be construed as remnant, physical evidence, component part of the surrounding environment, document, technics of electronic technology, software, information that is in electronic form, photograph, audio recording, video recording, audio-video recording, wildlife, plant, human body, corpse and its parts, comparative analysis model and sample and other materials that are being investigated.

Article 13.Delivery of object of analysis to forensic institution, storage, transfer and destruction of object of analysis

13.1.Unless otherwise provided in this Law, the competent authority of analysis shall seal object of analysis individually in dedicated sack, bag, envelope, box and specially prepared container according to the standard procedure by fully ensuring the integrity, quality and confidentiality of the objects and deliver them directly to forensic institution along with decision of analysis.

13.2.The competent authority of analysis shall be responsible for ensuring proper storage and integrity of the object of analysis until the period they are delivered to analysis, the employee in charge of the records and database shall be responsible for the similar from the period of handing them over to the analyst until the period they are returned to the competent authority of analysis, sand the analyst shall be responsible in the course of inspection and analysis.

13.3.A sample can be taken from the object of analysis, which has a risk to lose its properties and may not be re-used for analysis and such sample shall be stored in the comparison database and can be used for analysis.

13.4.Blood, sperm, hair, bone and tissue and other equivalents stemming from biological origin shall be stored in the comparison database.

13.5.The samples that lost their properties and become unusable for analysis, or the remains of the biological samples stored in the comparison database set forth in paragraph 13.4 of this Law can be destroyed after the analysis is completed upon approval of judge, or prosecutor.

13.6.It shall be prohibited to destroy the object of analysis other than those specified in paragraph 13.5 of this Law.

13.7.The competent authority of analysis shall deliver the object of analysis to forensic institution in person and by an authorized entity appointed by the similar organization, or by special postal service and retrieve it along with the opinion of the analyst after completion of the analysis.

13.8.The General Judge of Supreme Court of the State and the State general prosecutor shall jointly approve the procedure for delivery of object of analysis to forensic institution and storage, transfer and destruction thereof.

Article 14.Conducting analysis

14.1.After documenting the received object of analysis by photograph and other means, the analyst shall conduct the analysis according to the standard and procedure of certified analysis.

14.2.If any damage or wear and tear could occur to the delivered object as a result of analysis, the analyst shall inform of it to the competent authority of analysis in advance.

14.3.If necessary, the analyst may take sample or model for comparative analysis and use it for issuing his/her opinion by observing the procedure set forth in law.

14.4.The forensic institution and the analyst shall return the comparative analysis model and sample to the competent authority of analysis once analysis is concluded.

14.5.The analysis to be conducted in laboratory shall be conducted in environment with equipment that has satisfied the standard requirements.

14.6.The laboratory with analysis equipment shall be accredited.

14.7.The process of laboratory inspection and analysis shall be documented and stored by means of audio, video, or audio-video recording.

14.8.The forensic institution and the analyst shall not liable for any damage, or wear and tear occurred to the object of analysis in cases other than faulty operation of the analyst in the course of analysis.

14.9.The Cabinet member in charge of Justice shall approve procedure of conducting laboratory analysis such as chemical, physical, biological, deoxyribonucleic acid /DNA/ and bacteriological analysis.

Article 15.Analysis standard

15.1.The analyst shall follow the analysis standards.

15.2.The analyst shall evaluate the analysis results issued from an accredited analysis laboratory and related equipment within his/her special expertise and issue an opinion.

15.3.The state administrative organization in charge of standardization and technical regulation shall approve the standard of analysis activity.

Article 16.Analysis period

16.1.The competent authority of analysis shall define the analysis period taking account of object of analysis quantity, scope and feature of analysis based on standard analysis period.

16.2.The analysis period shall be counted from the receipt of decision of analysis along with object of analysis in reasonable state set forth in this Law by forensic institution, or the date on which the analyst has arrived at the place where the object is located in terms of undeliverable object.

16.3.If the analyst is unable to issue analyst opinion within the period set forth in paragraph 16.1 of this Law, he/she shall inform the request to extend the period to the competent official who validates the allocation of the forensic institution prior to expiry and explain his/her request.

16.4.The competent official who validates the allocation of the forensic institution received the request set forth in paragraph 16.3 of this Law shall review whether it is well-founded to extend the period, extend the period based on paragraph 16.1 of this Law and notify the competent authority of analysis in written prior to expiry.

16.5.The forensic institution shall request the competent authority of analysis and have the period of analysis to be conducted by other entity extended.

16.6.The competent authority of analysis that received the request set forth in paragraph 16.5 of this Law shall resolve whether to extend the period or not.

16.7.The General prosecutor of the State and the Cabinet member in charge of Justice shall jointly approve the standard analysis period issued by each analysis type based on the proposal of the forensic institution.

Article 17.An analyst to issue an opinion

17.1.The analyst opinion must be issued by reflecting the realistic outcomes of analysis, basing on particular scientific method and within special expertise of the analyst.

17.2.The analyst shall be liable for the grounds of his/ her issued opinion.

17.3.The forensic institution analyst shall issue his/her opinion in written based on the process and outcome of analysis, then sign and validate it by personal and organizational validation sigil.

17.4.In case the analyst set forth in sub-paragraph 8.2.2 of this Law has conducted analysis and issued an opinion, he/she shall sign on the opinion and validate by personal sigil, while the entity set forth in paragraphs 8.2.1 and 8.2.3 validate by signature. In case the entity set forth in sub-paragraph 8.2.4 has conducted analysis and issued an opinion, he/she shall validate the opinion by signature and organizational stamp.

17.5.The application and complaint to be submitted with respect to the analyst opinion shall be submitted to the entity set forth in sub-paragraph 4.1.7 of this Law.

17.6.The analyst shall make his/her opinion in two copies and send one copy to the entity that made decision to have analysis conducted and have the remaining copy kept in the archives of the forensic institution.

Article 18.Content of an analyst's opinion

18.1.The analyst's opinion shall include the following:

18.1.1.date and location of analysis;

18.1.2.grounds for conducting analysis;

18.1.3.type and form of analysis;

18.1.4.information regarding the competent authority of analysis;

18.1.5.information regarding the analyst such as surname, given name, education, qualification, standing years, academic degree and rank and position;

18.1.6.information regarding object of analysis;

18.1.7.object of analysis and process of investigating case material;

18.1.8.information regarding case participant attended during the process of analysis;

18.1.9.answer for each question put forth to the analyst and its grounds;

18.1.10.information regarding taking of comparative analysis model and sample from an entity that was investigated required for conducting analysis in terms of the analyst opinion conducted on the human body;

18.1.11.quantitative and qualitative indicators;

18.1.12.others.

18.2.If the analyst has identified significant details related to the given case in the course of analysis, it shall be included in the opinion even though it was not asked therein.

18.3.The manner and method applied during analysis and the indication of photograph showing their results shall be the component part of the analyst opinion and they shall be prepared in two copies and be attached to each copy of the opinion.

18.4.In cases other than prohibited by law, information can be provided to entities other than case participant about preparation of analysis opinion and scientific backgrounds during the procedures for criminal, civil, administrative, arbitration case and violations as approved by court and prosecutor.

Article 19.Rejection of conducting analysis and issuing opinion

19.1.The analyst shall reject to conduct analysis and issue opinion if the following grounds are present:

19.1.1.if the analyst has previously participated in procedure and analysis of the given case as litigant, third-party entity, witness, victim, their representative or advocate, citizens' representative, translator, interpreter, secretary of court session, a competent official of proceedings of violations, detective, prosecutor and judge;

19.1.2.if the analyst is a family member or a relative of the case participant of procedure and analysis;

19.1.3.if the analyst is under the influence of the case participant due to their official position and for other reasons or could be influenced;

19.1.4.if the analyst has a personal relationship with the case participant, or if there is reasonable doubt on whether the case can be adjudicated comprehensively, realistically and scientifically;

19.1.5.If the case is based on the analysis material that was concluded before the analyst was appointed to conduct analysis;

19.1.6.If the object of analysis does not meet the common and special requirement set forth in this Law;

19.1.7.If the question put forth by the competent authority of analysis is ambiguous and if it is impossible to answer the question using scientific manner and method;

19.1.8.If the scope of analysis and the question put forth by the competent authority of analysis exceeds the scope of special expertise of the analyst, or is irrelevant from the scope of special expertise;

19.1.9.If the competent authority of analysis has made a resolution to apply legislation and have its article, paragraph and sub-paragraph explained.

19.2.If the analyst has rejected to conduct analysis and issue an opinion with the grounds set forth in paragraphs 19.1.1, 19.1.2, 19.1.3, 19.1.4 and 19.1.5 of this Law, the competent authority of analysis shall appoint different organization and an analyst for conducting analysis.

19.3.If there is a presence of the grounds set forth in paragraphs 19.1.6, 19.1.7, 19.1.8 and 19.1.9 of this Law, the forensic institution analyst shall notify the competent official who validates analysis allocation and rejects to conduct analysis and issue an opinion by clearly indicating such grounds.

19.4.If there is a presence of the grounds set forth in paragraph 19.1 of this Law, the other entity authorized to conduct analysis shall notify the competent authority of analysis and reject to conduct analysis and issue an opinion by clearly indicating such grounds.

19.5.If there is a presence of the grounds set forth in paragraphs 19.1.1, 19.1.2, 19.1.3 and 19.1.4, the case participant, their legitimate representative and advocate can make a request to reject the organization and analyst according to the procedure set forth in law.

19.6.It shall be prohibited for the analyst to reject to conduct analysis and issue an opinion with grounds other than stated in 19.1 of this Law.

19.7.The professional organization shall resolve the request to reject the organization and analyst according to the procedure set forth in law.

Article 20.Confidentiality of analysis

20.1.The forensic institution and analyst, expert, professional organization shall keep the confidentiality of analysis process and results.

20.2.The forensic institution and analyst, expert, professional organization shall take measures not to disclose the state and official secret, organizational secret protected by law, and the sensitive personal information protected by law that have been obtained in the course of the analysis.

20.3.The forensic institution and the competent authority of analysis shall not disclose the information regarding the analyst, the process and results of analysis to others prior to the analysis and its results.

Article 21.Charge and cost of analysis

21.1.According to paragraph 201.1 of the Law on Stamp duties, the state stamp duty shall be taken for conducting certain types of analysis.

21.2.The health insurance fund shall finance the stamp duties for forensic analysis other than those stated in paragraph 201.1 of the Law on Stamp duties.

21.3.The Mongolian citizen, foreign citizen and stateless person shall pay in advance if the health insurance fund cannot finance the payment for the forensic analysis set forth in paragraph 21.2 of this Law.

21.4.In case the person acquired the special expertise and who is working at an organization other than a forensic institution has been appointed as an analyst, the payment for the analyst shall be paid according to sub-paragraph 53.1.1 of the Law on Civil procedure, sub-paragraph 44.3.1 of the Law on administrative procedure, sub-paragraphs 1.1 and 2 of article 1.11 of the Law on Proceedings of violations, and paragraph 1.1, article 11.4 and paragraphs 1 and 2, article 11.5 of the Law on Criminal procedure.

CHAPTER THREE

COMPARISON DATABASE OF ANALYSIS, ITS TYPES, COLLECTION, USE AND PROTECTION

Article 22.Comparison database of analysis and its types

22.1.The forensic institution shall have a comparison database required for conducting analysis and issuing opinions.

22.2.The comparison database of analysis shall comprise the integrated and diversified database.

22.3.The integrated comparison database of analysis shall comprise the following information:

22.3.1.fingerprint;

22.3.2.shell, muzzle and firearms;

22.3.3.genetic information;

22.3.4.assessment information;

22.3.5.ecological analysis database.

22.4.The diversified comparison database of analysis shall comprise the following information:

22.4.1.document;

22.4.2.securities and money bill;

22.4.3.stamp and its imprint;

22.4.4.shoe mark;

22.4.5.vehicle mark;

22.4.6.information regarding corpse whose name and address unknown;

22.4.7.information regarding forensic and x-ray;

22.4.8.others.

Article 23.Keeping a record of comparison database of analysis and its use

23.1.The integrated comparison database of analysis shall be set up nation-wide, and the diversified comparison database shall be set up within the laboratory for keeping records thereof.

23.2.The forensic institution may set up an integrated and diversified comparison database of analysis other than stated in paragraphs 22.3 and 22.4 of this Law.

23.3.The forensic institution shall organize the undertakings including updating the integrated and diversified comparison database of analysis, gathering and processing of data jointly with state organization and legal entity.

23.4.Unless otherwise provided in law, the forensic institution shall have the original copy of products, their information and presentation required for analysis issued by state organization and legal entity.

23.5.In case of necessity, the forensic institution can bring the object and comparison model of certain types of analysis into the integrated and diversified comparison database of analysis.

23.6.The forensic institution shall use the integrated comparison database of analysis for purposes of conducting analysis and issuing opinion, or providing the competent authority with Interpretation and information.

23.7.The forensic institution shall use the diversified comparison database of analysis for conducting analysis.

23.8.It shall be prohibited for the forensic institution to use the comparison database of analysis for purposes other than those stated in paragraphs 23.6 and 23.7 of this Law.

23.9.Unless otherwise provided in law, the forensic institution analyst may use the information of other organizations when conducting analysis and issuing opinions.

Article 24.Security of comparison database of analysis

24.1.The forensic institution shall ensure the security of the comparison database of analysis.

24.2.It shall be prohibited for the forensic institution analyst and other employees to transfer the comparison database of analysis of the forensic institution to others and use for purposes irrelative to the functions obliged by law.

24.3.The entity using the comparison database of analysis shall be obliged keep the confidentiality with regard to the given information protected by law.

24.4.If the comparison database of analysis has been used for purposes irrelative to the functions obliged by law, transferred to others, or the confidentiality of the comparison database of analysis has been disclosed, the guilty person shall be imposed with liability specified in respective law.

24.5.The forensic institution shall be supplied and equipped with necessary software and equipment within the scope of ensuring the security of information stored in the comparison database of analysis.

24.6.The Cabinet member in charge of Justice shall approve the procedure for keeping records, data collection and processing, use, protection and ensuring the security of the integrated and diversified comparison database of analysis.

CHAPTER FOUR

TYPES OF ANALYSIS

Article 25.Types of analysis

25.1.There shall be three types of analysis: primary, additional and repeated analysis.

Article 26.Conducting primary analysis

26.1.The competent authority of analysis may have the primary analysis conducted by an analysis team with the composition of one analyst, or more analysts.

26.2.The analysis team composition to conduct primary analysis may include the person who acquired special expertise who does not work in the given organization apart from the analyst of the forensic institution.

Article 27.Conducting additional analysis

27.1.If it deems that the expert's opinion is incomplete, or a new situation  occurred related to the matter being investigated, it may conduct additional analysis upon the decision of the competent authority of analysis.

27.2.The additional analysis may be conducted by the analyst who conducted and participated in the primary analysis and issued opinion.

27.3.The period for conducting additional analysis shall be defined according to the procedure set forth in article 16 of this Law.

Article 28.Conducting repeated analysis

28.1.If the analyst opinion and certain part of it is not grounded, or it is doubtful whether it is grounded, the repeated analysis shall be conducted upon the decision of the competent authority of analysis.

28.2.It shall be prohibited to include the analyst who conducted the primary or additional analysis and issued an opinion when conducting repeated analysis.

28.3.The period for conducting repeated analysis shall be defined according to the procedure set forth in article 16 of this Law.

28.4.When conducting repeated analysis, the object of analysis is delivered to the primary and additional analysis shall be delivered together with other respective materials.

28.5.If the results from repeated analysis is similar to the results from the primary and additional analysis, a further analysis shall not be conducted.

Article 29.To have an analysis conducted by analysis team

29.1.In case of necessity, the analysis can be conducted by an analysis team having a composition of the same, or different qualifications.

29.2.If the entity set forth in sub-paragraphs 8.2.1, 8.2.2 and 8.2.3 of this Law is to be included in the composition of analysts' team apart from the forensic institution analyst, the competent authority of analysis, or the head of the unit that validates analysis allocation of the forensic institution shall define the terms of cooperation. The head of the central organization of the forensic institution shall approve the procedure for cooperation with other entities.

29.3.In case provided in paragraph 29.2 of this Law, the forensic institution shall inform the competent authority of analysis therein.

29.4.Unless otherwise provided in this Law, the competent official of the unit that validates analysis allocation of the forensic institution shall decide whether to have the analysis conducted by the analysis team by receiving the decision of analysis along with the object of analysis taking account of analysis scope and its complexity.

Article 30.To have analysis conducted by analysts' team having similar qualification

30.1.The team of analysts having similar qualifications shall have the composition of two analysts or analysts more than that.

30.2.In the course of conducting analysis by analysts having similar qualifications, each analyst shall conduct the analysis independently from start to end and issue the opinion by consolidating their results.

30.3.Upon the basis of mutual arrangement, the analysts shall define the sequence, scope and method of conducting analysis.

30.4.If the analysts have reached a matching opinion with regard to the results of analysis, they shall issue one opinion and in case of contradicting opinions, the analyst who has a contradicting opinion shall attach his/her proposal to the opinion.

Article 31.To have analysis conducted by analysts' team of different qualification

31.1.When analysts' team having different qualifications conducts the analysis, each analyst shall investigate within the scope of his/her own special expertise.

31.2.The analyst opinion shall include the type and content of analysis and opinion issued by each analyst.

31.3.Each analyst who took part in the analysis shall only sign on the part of the opinion part reflecting the analysis that he/she has conducted and be liable for the grounds of his/her opinion.

31.4.If the analysts have reached a similar opinion during the process of analysis, it shall be included in the opinion.

31.5.In case of contradicting opinions, an opinion shall be issued according to paragraph 30.4 of this Law.

CHAPTER FIVE

specification of some ANALYSIS

Article 32.Special requirements for criminalistics analysis

32.1.The documents and materials required for analysis shall be delivered in original, or in state, which can satisfy the requirement set forth in sub-paragraph 12.3.2 of this Law.

32.2.Marks and imprints on  physical evidence shall be delivered for analysis by packing and sealing individually according to the requirement set forth in paragraph 13.1 of this Law so that not be destroyed and damaged.

32.3.The explosive and detonating substances, firearms, nuclear substances and material, radio-active sources and waste, chemical and biological toxic substances and other objects that may cause harm shall be investigated in an environment where safety is ensured by equipping with dedicated equipment according to set procedure.

32.4.The Cabinet member in charge of Justice shall approve the procedure for conducting criminalistics analysis.

Article 33.Special requirements for forensic analysis

33.1.Forensic analysis shall be conducted in the following cases:

33.1.1.to identify the cause of death if a human is deceased by external influence, or suspiciously;

33.1.2.to identify the level of damage caused to human health;

33.1.3.to identify the age of the human and age of the corpse upon decision of the competent authority of analysis;

33.1.4.to determine the health condition in case a convict has gotten ill with illness included in the list of illnesses pertaining to acquittal from punishment during serving time and became unable to be served.

33.2.The level of damage caused to human health shall be forensic analysis to be conducted on the human body and forensic analysis to be conducted on materials of the case.

33.3.The medical document, which is the object of analysis of forensics to be conducted on materials of the case shall be the validated original copy.

33.4.If it has been found by other evidence that the cause of death was due to an epidemic, phenomenal infectious disease of human, livestock and animal, radiation, chemical toxic and hazardous substances, a forensic autopsy shall not be conducted on corpse upon permission of prosecutor.

33.5.In case the corpse was undergone a forensic X-ray by decision of court and if the result is sufficient to issue analyst opinion, it may not conduct a forensic autopsy on corpse.

33.6.The forensic autopsy may be conducted on the corpse according to the possible situation.

33.7.The activities including documenting the process of conducting forensic inspection and analysis on corpse by photograph and audio-video recording shall be treated respectfully.

33.8.If a sample has been taken from organs in the course of conducting a forensic autopsy on a corpse for the purpose of analysis, study, academic research and training, it shall be specifically reflected in analysis notes therein.

33.9.The Cabinet member in charge of Justice and the General prosecutor of the State shall jointly approve the procedure for conducting forensic analysis and determination of the level of damage caused to human health.

Article 34.Special requirements for economic analysis

34.1.In case the following circumstances have emerged during the proceedings of criminal, civil, administrative, arbitration cases and violations, the economic analysis shall be conducted:

34.1.1.if the act and opinion issued by the competent authority and the conclusion drawn by the detective, who acquired special expertise, cannot provide sufficient grounds for resolving the case;

34.1.2.if the act and opinion issued by the competent authority is doubtful whether they are true, accurate and realistic, or failure to determine truly, accurately and realistically has been found during the proceedings of case, dispute and violations;

34.1.3.if the respective entity has proven that the act and opinion issued by the competent authority is inaccurate by particular evidence;

34.1.4.other cases specified in law.

34.2.The object of analysis of economic analysis shall be the document that satisfies the requirements of the primary document of accounting.

34.3.The analyst who is conducting economic analysis suspects the act and opinion issued by the competent authority set forth in sub-paragraph 34.1.1 of this Law, he/she may make a request to the competent authority of analysis with regard to having document analysis conducted again, or conducting counting.

34.4.The Cabinet member in charge of Justice and the Cabinet member in charge of finance and budget shall jointly approve the procedure for conducting economic analysis.

Interpretation: -"The competent authority" set forth in sub-paragraph 34.1.1 of this Law shall be construed as audit office, competent authority implementing the inspection of customs, tax and finance, internal audit unit of state body and the professional organization authorized by the given sector.

Article 35.Special requirements on asset estimating analysis

35.1.The report of asset estimation shall be issued in order to conduct asset estimation analysis.

35.2.In case the following circumstances are emerged during the procedures for criminal, civil, administrative, arbitration case and violations and the activity of enforcement of court decision, the asset estimation analysis shall be conducted by the forensic institution:

35.2.1.if asset estimator of the professional organization has not based on the characteristics and specifications of the given item when determining the valuation basis;

35.2.2.if the asset estimation standard, regulation, procedure and norm have been violated in the course of conducting asset estimation;

35.2.3.if the fixed value of asset estimation is not grounded, realistic and clear;

35.2.4.other cases specified in law.

35.3.The Cabinet member in charge of Justice and the Cabinet member in charge of finance and budget shall jointly approve the procedure for conducting asset estimating analysis.

Article 36.Special requirements on electronic technology analysis

36.1.If it is impossible to physically transport and deliver a device, electronic data shall be copied and delivered using special software by generating the code, which cannot be adjusted and modified.

36.2.In case it is impossible to conduct the analysis set forth in paragraph 36.1 of this Law, the host device containing its original copy shall be investigated.

36.3.In case of necessity, the analyst may take photograph, audio, video and audio-video comparison model for the electronic technology analysis.

36.4.The Cabinet member in charge of Justice and the Cabinet member in charge of digital development and communications shall jointly approve the procedure for conducting electronic technology analysis.

Article 37.Special requirements on engineering-technical analysis

37.1.During the proceedings of criminal, civil, administrative, arbitration cases and violations, analysis shall be conducted whether there is a qualitative, quantitative and technological change in the engineering facility, vehicle, equipment and product and for the purpose of identifying of the cause circumstances arisen and corresponding and opinion shall be issued.

37.2.In case the object of analysis of engineering-technical analysis is an immovable property, or impossible to transport due to bulky dimensions, the analysis shall be conducted at the place of the given object.

37.3.The object of analysis shall be delivered to the forensic institution in cases other than those stated in paragraph 37.2 of this Law.

37.4.In case the object of engineering-technical analysis has been delivered to the forensic institution, the analysis shall be conducted in a laboratory with dedicated equipment.

37.5.In case of necessity, the forensic institution shall send the object of engineering-technical analysis to a laboratory of a professional organization and issue an opinion by assessing the resultant outcome.

37.6.The competent authority of analysis shall be liable for and resolve the cost of analysis conducted at the laboratory of a professional organization.

37.7.The Cabinet member in charge of Justice shall approve the procedure for conducting engineering-technical analysis based on the proposal of the Cabinet member of the respective issues.

Article 38.Special requirements on surrounding environmental damage assessment and analysis

38.1.In cases other than specified in this Law, the forensic institution shall conduct the surrounding environmental damage evaluation by each component of surrounding environment upon decision of analysis in case the following circumstances have emerged during the proceedings of criminal, civil, administrative, arbitration case and violations:

38.1.1.if the surrounding environment has been damaged due to illegal operation of persons and legal entities;

38.1.2.if it is detected that verification was conducted inaccurately on the opinion of general environmental impact assessment and the report of detailed assessment, which set forth in sub-paragraph 3.1.9 of the Law on Environmental impact assessment, during the proceedings of case, dispute and violations;

38.1.3.If human health and the surrounding environment has been damaged or was damaged due to operation of persons and legal entity who is implementing project on the basis of having conducted general environmental impact assessment, or detailed assessment.

38.2.The analysts' team shall conduct the surrounding environmental damage assessment.

38.3.The forensic institution shall estimate the rehabilitation cost at a similar time when estimating the surrounding environmental damage by each component of the surrounding environment.

38.4.When conducting the surrounding environmental damage assessment, the legislation on the environment and legislative act enacted following them shall be governed by observing the general analysis procedure set forth in law.

38.5.In case the following circumstances have emerged during the proceedings of criminal, civil, administrative, arbitration case and violations, the forensic institution shall conduct the analysis of environmental impact assessment:

38.5.1.if it is doubtful whether the opinion of general environmental impact assessment, or the report of detailed assessment, or the verification rendered thereupon is true and accurate, or it was found during the proceedings of case and dispute, and violations ;

38.5.2.to have the opinion of general assessment or the opinion of detailed assessment detected whether they have been executed truly and accurately if human health and surrounding environment has been damaged, or was damaged due to operation of persons and legal entity who is implementing the project on a basis of having conducted general environmental impact assessment, or detailed assessment;

38.5.3.to have the opinion of general environmental impact assessment or the opinion of detailed assessment detected whether they have been executed truly and accurately if the report and opinion of surrounding environmental damage assessment is doubtful;

38.5.4.to have the report and opinion of surrounding environmental damage assessment detected whether they have been executed truly and accurately if such report and opinion is doubtful.

38.6.The analysis material caused damage to the surrounding environment shall have the report and opinion of the professional organization of environmental impact assessment, or the conclusion of the similar organization.

38.7.In case of necessity, the forensic institution may deliver the object of analysis of the surrounding environment to the laboratory of a professional organization and may issue an opinion by assessing the resultant outcome.

38.8.The competent authority of analysis shall resolve the cost of analysis conducted at the laboratory of the professional organization according to respective legislation.

38.9.The cost set forth in paragraph 38.8 of this Law may be financed by the Environment and Climate Fund according to sub-paragraph 7.3.5 of the Law on Special Fund of the Government.

38.10.The Cabinet member in charge of Justice and the Cabinet member in charge of Environmental Issues shall jointly approve the procedure for conducting the surrounding environmental damage assessment and analysis.

Interpretation: -"The component part of surrounding environment" set forth in paragraph 38.1 of this Law shall be construed as air, water, soil, land and its bowel, wildlife, plant and forest.

Article 39.Special requirements on mental analysis

39.1.The mental analysis shall be conducted in the following cases:

39.1.1.to define the mental state thereof if there is reasonable doubt on whether the witness, victim, suspect, defendant and accused can give a true statement by realistically reflecting the significance to the case;

39.1.2.to define the mental state of a defendant of a crime on whom lifetime imprisonment may be imposed;

39.1.3.to define the mental state of the litigant and respondent citizen if there is reasonable doubt on whether they have legal capacity during the procedures for civil, administrative and arbitration case;

39.1.4.to define the mental state thereof if there is reasonable doubt on whether the victim can give a true statement by realistically reflecting on the significance to the case;

39.1.5.in case of circumstance set forth in paragraphs 2.1 and 2.2 of article 4.11 of the Law on Proceedings of violations;

39.1.6.to define whether it is required to take a compulsory measure of medical nature to an entity, who got mental illness prior to issuance of punishment resolution although he/she was mentally healthy during the commitment of crime, or an entity, who was found to have mental illness previously and to be incompetent for liabilities;

39.1.7.to define whether it is required to take a compulsory measure of medical nature to an entity, who got mental illness while serving;

39.1.8.consequences caused to mentality set forth in paragraph 40.1 of this Law;

39.1.9.other cases specified in law.

39.2.When the analyst conducts analysis and issues an opinion, he/she may base on the previous clinical documents of the given entity regarding the treatment the entity received apart from mental inspection and analysis results.

39.3.The defendant and accused who need to undergo mental analysis and who are not being imprisoned shall be placed at mental health hospital and be investigated.

39.4.If the defendant and accused being investigated according to paragraph 39.3 of this Law has conducted an action to cause harm to human life and health, or an action that may disturb the operation of a hospital, it shall be informed to police organization and measure to interrupt action shall be taken.

39.5.If the defendant and accused having analysis conducted of his /her own will has conducted the action set forth in paragraph 39.4 of this Law, he/she shall be discharged from the hospital by the hospital administration. It shall be informed to the competent authority of analysis hereof.

39.6.The mental analysis for an entity being imprisoned shall be conducted in a mental health hospital and the organization in charge of ensuring safety of the temporary detention facility shall be liable for the safety and protection of the hospital.

39.7.In case it is impossible to place the witness or victim in a mental health hospital for mental analysis due to serious illness and injury, the analyst may visit the place where the given entity is residing accompanied by the competent authority of analysis and conduct analysis.

39.8.The Cabinet member in charge of Justice and the Cabinet member in charge of health issues shall jointly approve the procedure for conducting mental analysis.

Article 40.Assessment for determining the level of consequences caused to mentality

40.1.The forensic institution shall determine the level of consequences caused to human mentality due to the crime set forth in Tenth Chapter /Crime against right to life/, Eleventh Chapter /Crime against health immunity/, Twelfth Chapter /Crime against the sexual freedom and immunity/, Thirteenth Chapter /Crime against personal liberty and immunity/, Article 14.1 /Discrimination/, Article 14.2 /Prevention of obtaining and access to information/, Article 14.3 /Violation of the freedom of expression or press/, Article 14.4 / Prevention of implementation of the freedom of conscience and religion/, Article 14.8 / Dissemination of a deliberate false report during the course of election /, Fifteenth Chapter /Crimes against health/, Sixteenth Chapter /Crimes against children/, Article 17.1 /Theft/, Article 17.2 /Robbery/, Article 17.3 /Fraud/, Article 17.6 /Threaten to remove property/, Article 17.8 /Destruction or damage of property/, Article 17.10 /Violation of the right of an owner by notary, state registrar/, Article 17.12 /Theft of livestock/, Article 20.11 /Disposal of hazardous waste, chemical toxic, hazardous substances/, Article 20.12 /Distribution, sale of food products that do not comply with health requirements/, Article 20.13 /Commissioning of buildings of low-quality/, Article 20.14 /Illicit manufacture, importation, distribution and sale of pharmaceutical medicine, biomedicine, and medical appliances/, Article 20.16 /Violation of public order/, Article 21.5 /Unlawful influence on a witness, a victim, an expert, an interpreter, a translator/, Article 21.12 /Torture/, Article 21.13 /Violation of the legislation on intelligence activities/, Article 24.1. /Environmental pollution/, Article. 24.3 /Illegal activities with toxic and hazardous substances/, Article 24.7. /Setting forest and steppe fire/, Article 27.3 /Violation of the safety rules of traffic and use of vehicles of railway, air, water carriage/, Article 27.7 /Violation of safety of air traffic/, Article 27.8. /Hijacking of an aircraft/, Article 27.10 /Violation of rule of safety of traffic and use motor vehicle/, Article 28.3./Violence by the commanders or superiors towards the subordinate/, Article 28.4 /Violation of the statutory rules by military officers not subordinated to one another/, Article 28.10 /Violation of regulations governing operation requirements and driving of military vehicles/, Article 28.11 /Violation of regulations governing military or training flight and their preparation/, Article 29.4 /Use of method and means prohibited during warfare/, Article 29.5 /Genocide/, Article 29.7 /Assault on persons enjoying international protection/, and Article 29.8 /Acts of terrorism/ of the Criminal code and issue an opinion accordingly.

40.2.For determining the level of consequences caused to mentality and issuing an opinion, the forensic institution shall take account of the following conditions:

40.2.1.The victim to be the victim of the crime set forth in paragraph 40.1 of this law, or family member of the victim if the victim is deceased;

40.2.2.The victim shall have had temporary or permanent mental alteration due to the crime set forth in paragraph 40.1 of this Law;

40.2.3.The disorder and disease inflicted to mentality of the victim shall have been determined by mental analysis.

40.3.The Cabinet member in charge of Justice and the Cabinet member in charge of health issues shall jointly approve the procedure for issuing the opinion set forth in paragraph 40.1 of this Law.

CHAPTER SIX

CONDUCTING ANALYSIS ON HUMAN BODY

Article 41.Grounds for conducting analysis on the human body

41.1.An analysis may be conducted on human body during the proceedings of criminal, civil, administrative cases and violations.

41.2.If it is considered that it is necessary to conduct analysis on the human body during the proceedings of criminal, civil, administrative case and violations and the enforcement of court decisions on the grounds set forth in paragraph 1, article 27.1 of the Law on Criminal Procedure, the entity set forth in sub-paragraph 4.1.7 of this Law shall issue a decision to have analysis conducted.

Article 42.Conditions for conducting analysis on human body

42.1.The analysis on the human body shall be conducted in surroundings and conditions, in which the legitimate interests of the entity to conduct analysis and person to be investigated are satisfied.

42.2.The analysis on the human body can be conducted in forensic and health organizations, temporary and custody institutions, arresting and detention centers, prisons and at possible circumstances when necessary.

42.3.In case the person to be investigated is unable to come into the forensic and health institution due to serious illness and injury, the analyst may visit the place where the given person is residing accompanied by a competent authority of analysis and may conduct analysis.

42.4.The person to be investigated can be placed in a health institution and investigated according the paragraph 4, article 19.2 of the Law on Criminal Procedure.

42.5.The competent authority of analysis shall deliver the person to be investigated to the forensic and health institution.

42.6.If the person to be investigated has not reached the age of 18, or it has been found that he/she has no legal capacity even though he/she has reached the age of 18, his/her legitimate representative shall be made present.

42.7.If the person to be named as the legitimate representative set forth in paragraph 42.6 of this Law is not a matching person or has a conflict of interests, an employee of the state administrative organization in charge of children issues, or a respective social worker of the residential place shall be made participated as representative and be made present at the analysis.

Article 43.Grounds and procedure for placing the person to be investigated in health institution

43.1.The person to be investigated may be placed in health institution in accordance with the grounds and procedure set forth in paragraph 4, article 19.2 of the Law on Criminal Procedure in order to issue an opinion of mental analysis.

43.2.If the defendant and accused person has been placed in health institution with the grounds set forth in paragraph 43.1 of this Law, the competent authority of analysis shall notify about it to the adult member of his/her family, relative, legitimate representative, or advocate within 24 hours and shall take a note about it in the decision for analysis.

43.3.The Cabinet member in charge of Justice and the Cabinet member in charge of health issues shall jointly approve the procedure for placing the defendant and accused person in a health institution.

Article 44.Period of placing the entity to be investigated in health institution

44.1.The defendant and accused person shall be placed in a health institution for a period set forth in paragraph 16.1 of this Law in order to conduct analysis and issue an opinion.

44.2.If necessary, the period for placing the defendant and accused person in a health institution may be extended by the standard period set forth in paragraph 16.1 of this Law based on the reasonable request of the analyst.

44.3.When extending the period for placing the defendant and accused person in a health institution, it shall be resolved in accordance with the procedure set forth in paragraph 16.4 of this Law and shall be informed about it to the competent authority of analysis.

44.4.If the extension of period for placing the defendant and accused person in a health institution has been denied, the person to be investigated shall immediately be discharged from the health institution.

Article 45.Protection of rights and legitimate interests of defendant and accused person

45.1.It shall be prohibited to perform the following activities when conducting analysis on the body of defendant and the accused person:

45.1.1.to restrict the rights, circumvent and deceive, use force and intimidate in order to obtain information from defendant and accused person and to conduct analysis using illegal methods set forth in paragraph 4, article 16.14 of the Law on Criminal procedure;

45.1.2.to experiment new drug, medicament, treatment, diagnostic and new method and means of prevention from disease on the body of defendant and accused person, to conduct medical experimental analysis;

45.1.3.to have the physician who was treating the defendant and accused person previously participated in analysis;

45.1.4.to demand the analyst to testify regarding the issue irrelevant to the object of analysis that was obtained during the analysis process;

45.1.5.to apply drug, medicament, injection and method that has not been used in health care service and that is prohibited to apply.

45.2.The defendant and accused person shall have right to provide an explanation regarding the object being investigated to the analyst.

45.3.In case of necessity, the defendant and accused being investigated shall be provided with medical assistance and service according to the Law on Health.

Article 46.Restrictions on the method of analysis to be conducted on human body

46.1.When conducting analysis on human body, it shall be prohibited to use drug, medicament, injection and method that has not been used in health care service and that is prohibited to use.

46.2.The analyst shall inform of the analysis method, pain that could be inflicted and negative effects to the person being investigated and his/her legitimate representative and advocate.

46.3.The analysis model and sample shall be taken from the person being investigated to the hospital use and it shall be reflected in the analyst opinion by informing about it to him/her and his/her legitimate representative and advocate.

46.4.When taking the analysis model and sample, 2 external witnesses shall be made present.

Article 47.To have the case participant present during the process of conducting an analysis on human body

47.1.When conducting analysis on the human body, other case participants may be present upon the approval of the competent authority of analysis and the legitimate representative and advocate of the defendant and accused person.

47.2.If it is necessary to strip the defendant and accused person off, only the participant of similar sex of case procedure may be made present and this restriction shall not apply to the physician and medical expert who are participating in the analysis.

CHAPTER SEVEN

PARTICIPANT OF ANALYSIS

Article 48.Right, obligations and prohibitions of the competent official who validates analysis allocation

48.1.The competent official of the forensic institution who validates analysis allocation shall have the following rights:

48.1.1.to return the object of analysis and decision for analysis specifying the reason if the analyst who acquired special expertise in a legitimate field, required equipment and condition that meets the analysis requirements have not completed in the given organization;

48.1.2.to make a proposal to the competent authority of analysis regarding the inclusion of the person who acquired the required special expertise who does not work at the given organization into the analysis team;

48.1.3.to transfer the obligation of validating analysis allocation for the analyst to other authorized entity of the forensic institution;

48.1.4.to extend analysis period when necessary and inform the competent authority of analysis in regards to it;

48.1.5.other rights specified in law.

48.2.The competent official of the forensic institution who validates analysis allocation shall have the following obligations:

48.2.1.to execute analysis allocation according to article 9 of this Law;

48.2.2.to ensure the analysis period, analysis standard and independence of analyst;

48.2.3.to provide the condition required for conducting analysis;

48.2.4.to secure and not to disclose the state and official secret, organizational secrecy and the private information protected by law;

48.2.5.to keep the confidentiality of the competent authority of analysis and analysis process and information regarding the analyst when necessary and ensure its security;

48.2.6.to organize the undertaking to conduct joint analysis with other organizations and analysts indicated in the decision and request of analysis collectively with the competent authority of analysis;

48.2.7.to transfer the analysis to a different analyst if the analyst has rejected to conduct analysis with the grounds specified in law;

48.2.8.to present with whether the question put forth to the analyst who shall conduct the analysis was fully answered without affecting the fundamental content of the analyst's opinion after the analysis is completed, the opinion structure, the order in which the opinion was written and the quality of photograph and validate the opinion by organizational sigil;

48.2.9.to provide professional and methodical advice on how to use analysis techniques and equipment to the analyst and analysis team within the scope of own special expertise in the course of conducting analysis without affecting the content of analyst opinion;

48.2.10.other obligations specified in law.

48.3.The following shall be prohibited in the activities of the competent official of the forensic institution who validates analysis allocation:

48.3.1.to conduct analysis without decision of analysis;

48.3.2.to implicate other independent entity authorized to conduct analysis into analysis without notifying the competent authority of analysis;

48.3.3.to orient the activities related to the analyst analysis and affect the content of the analyst opinion;

48.3.4.to affect the independence of the analyst;

48.3.5.to inform the results of analysis to an entity other than the competent authority of analysis;

48.3.6.others specified in law.

Article 49.Right, obligations and prohibitions of an analyst

49.1.The analyst shall have the following rights:

49.1.1.to reject conducting analysis and issuing opinion with the grounds set forth in article 19 of this Law;

49.1.2.to see the documents and materials required for conducting analysis;

49.1.3.to demand the competent authority of analysis to deliver the additional documents and materials required for conducting analysis and issuing opinion and to make a request to implicate the analyst of similar or different qualification;

49.1.4.to participate in investigative procedure on the basis of making requests to the competent authority of analysis and obtaining approval;

49.1.5.to put forth a question to case participant with regard to the issue of conducting analysis as approved by the competent authority of analysis about the circumstance with significance for issuing an opinion;

49.1.6.to make a complaint according to the procedure specified in law if the competent authority of analysis has violated the right of an analyst set forth in this Law;

49.1.7.to issue an opinion within the scope of his/her own special expertise and refer to it in the opinion;

49.1.8.to make a request to the competent authority of analysis to have his/her safety ensured with respect to participation in the given case and dispute as an analyst;

49.1.9.to make a request to the competent authority of analysis to have the work fees and respective cost for the appointed organization and analyst issued in case the entity other than the forensic institution has conducted the analysis;

49.1.10.other rights specified in law.

49.2.The analyst shall have the following obligations:

49.2.1.to conduct the analysis comprehensively and realistically from all aspects and issue an opinion within a fixed period in accordance with the question put forth by a competent authority of analysis;

49.2.2.to treat sympathetically by respecting human rights, freedom, dignity and reputation;

49.2.3.to keep confidentiality of the state and official secret, organizational secret and the private information protected by law that was disclosed during the analysis;

49.2.4.to reflect new situation with significance to the case into the opinion if he/she has found one;

49.2.5.to be liable for the integrity of the object of analysis delivered to the analysis;

49.2.6.to issue an opinion solely within the scope of law by being independent from the competent authority of analysis and other entities;

49.2.7.in case anyone has disturbed the analysis, influenced the independence, or purported to influence, the analyst shall inform of it to the upper-level management or respective organization by issuing an influence statement;

49.2.8.other obligations specified in law.

49.3.The head of the central organization in charge of forensics shall approve the procedure for issuing and submission of influence statement.

49.4.The following shall be prohibited in the activities of the analyst:

49.4.1.to conduct analysis upon decision and request of entity other than the competent authority of analysis;

49.4.2.to issue an opinion based on the statement of the case participant;

49.4.3.to receive explanation and clarification from case participant regarding the issue irrelevant to the given analysis;

49.4.4.to conduct analysis and issue opinion on object of analysis that does not meet the requirement;

49.4.5.to collect document and material at his/her own initiative to conduct analysis;

49.4.6.to inform about the results of analysis to entity other than the competent authority of analysis and the competent official who validates analysis allocation without approval of court and prosecutor;

49.4.7.to damage, destroy the object of analysis, transfer to others, or modify the properties of the object of analysis in cases other than stated in law;

49.4.8.to disclose the state and official secret, organizational secrecy and the private information protected by law and use them for private interest;

49.4.9.to receive awards and rewards from other persons and organizations with respect to conducting certain analysis;

49.4.10.to keep the analysis opinion and object of analysis for himself/herself after the analysis is completed;

49.4.11.to conduct analysis and issue opinion outside of the forensic institution;

49.4.12.to deliberately leave certain questions put forth without answering, or exceed the fixed period without reasonable excuse, or issue a false opinion;

49.4.13.to reject to conduct analysis and issue opinion with grounds other than stated in paragraph 19.1 of this Law;

49.4.14.other prohibitions specified in law.

Article 50.Rights and obligations of the expert

50.1.The expert shall have the following rights:

50.1.1.to ask a question in connection with the activity in which he/she is participating;

50.1.2.to use facility and equipment;

50.1.3.to make a request to be presented with the investigative procedure and court session minutes in which he/she participated and to make corrections;

50.1.4.to receive wage and cost of work executed apart from his/her own official functions;

50.1.5.to make a request to have his/her safety ensured;

50.1.6.other rights specified in law.

50.2.The expert shall have the following obligations:

50.2.1.to testify in connection with an investigative procedure in which he/she participated by arriving upon summoning by the competent official;

50.2.2.to answer and interpret the question of the participant in connection with the issue regarding the investigative procedure in which he/she participated and made comments;

50.2.3.to keep confidentiality of the investigative procedure in which he/she participated;

50.2.4.other obligations specified in law.

CHAPTER EIGHT

FORENSIC INSTITUTIONS, ITS SYSTEMS AND MANAGEMENT

Article 51.Forensic institution and its system

51.1.The forensic institution shall be the special state service with special functions to conduct analysis and issue opinion by detecting, documenting, inspecting and evaluating the traces and physical evidence during the proceedings of criminal, civil, administrative, arbitration cases and violations.

51.2.The system of the forensic institution shall comprise the central organization of forensics, its subordinate offices, units and forensic institutions in charge of respective territories.

51.3.The subordinate office and unit of the central organization of forensics shall provide the organization in charge of the territory with professional and methodological management within the functions that they deal with and report its activity before the head of the central organization of forensics.

51.4.The forensic institution in charge of the territory shall report its activity before the head of the central organization of forensics.

51.5.The forensic institution shall be a Government implementing agency.

51.6.The forensic institution may be set up by territorial or peripheral principles.

51.7.The forensic institution in charge of territory shall be set up according to the territorial principle set forth in paragraph 51.6 of this Law considering the size of territory, geographical location, infrastructure, population count, density, quantity of case and dispute and other specific characteristics.

51.8.When setting up the forensic institution in charge of territory, it shall take account of the size of the territory, population density and quantity of case and dispute.

51.9.The Government shall define the maximum limitation of work position and organizational structure of the central organization of forensics.

51.10.Apart from the unit implementing the fundamental functions, the central organization of forensics shall have a training unit, office that grants permits to engage in the activity of analyst, academic research and experimentation, and technical maintenance and equipment service units.

51.11.The forensic institution may have the qualified unit, mind support and sanatorium unit that are required for the implementation of its functions in its subordination.

51.12.An adjunct academic council that is composed of scientists of the sector liable for providing proposals and opinions for the sophistication of the activity of the forensic institution may be set up next to the central organization of forensics.

51.13.The head of the central organization of forensics shall approve the operational regulation of the academic board.

Article 52.Flag and symbol of the forensic institution

52.1.The forensic institution shall have a flag and symbol.

52.2.The Cabinet member in charge of Justice shall approve the design and procedure for the use of the flag and symbol of the forensic institution.

52.3.It shall be prohibited for other persons and legal entities to use the flag and symbol similar to those of the forensic institution.

Article 53.Functions of the central organization of forensics

53.1.The central organization of forensics shall implement the following functions:

53.1.1.to provide the office, unit and forensic institution in charge of territory with professional and methodical management;

53.1.2.to develop human resources policy of the forensic institution, train officers and employees, protect their legitimate interests and resolve the issue of their working conditions, occupational safety and social issues;

53.1.3.to develop and implement policy to supply the forensic institution with technical equipment;

53.1.4.to cooperate with domestic and foreign organizations within fundamental functions according to legislation;

53.1.5.to organize the fulfillment of the procedure and instruction to adhere to when conducting analysis and to monitor its implementation;

53.1.6.the forensic institution shall prevent any crime and ethical and disciplinary violation among its officers and employees by monitoring the activities of its employees and eliminate the cause and condition of foregoing by ensuring internal control and security;

53.1.7.to adopt and use scientific achievement, modern technique and technology, information network and open source in the activity of conducting analysis, and introduce information transfer and other monitoring systems;

53.1.8.to set up and update the integrated and diversified comparison database and conduct analysis and issue opinions using the database, to provide the competent state bodies specified in law with information and receive information from them;

53.1.9.other functions specified in law.

53.2.The central organization of forensics shall ensure the security of the organization, its officers and its employees by measures such as monitoring on storage and protection of the state and official secrets, organizational secrets and private information protected by law and prevention from violation of the respective legislation with respect to them, crime and violation, and analysis and resolution of complaint and claim with regard to the officers and employees of the forensic institution within the scope of functions set forth in sub-paragraph 53.1.6 of this Law.

Article 54.Management of the forensic institution

54.1.The central organization of forensics shall have the head, first deputy head and deputy head.

54.2.The Government shall appoint and dismiss the head of the central organization of forensics, who is a Mongolian citizen having professional and management experience, has worked in the forensic institution not less than 10 years and has not served as a political servant previously upon recommendation of the Cabinet member in charge of Justice.

54.3.The head of the central organization of forensics shall manage and govern all the activities of the forensic institution nationwide and shall report the results of the activities before the member of the Cabinet in charge of Justice.

54.4.The first deputy head and deputy head set forth in paragraph 54.1 of this Law shall be appointed and dismissed by the Cabinet member in charge of Justice, who is a Mongolian citizen having experience in any of analysis field, has not worked in the forensic institution not less than 8 years and has not served as political servant previously.

Article 55.Powers of the head of the central organization of forensics

55.1.The head of the central organization of forensics shall implement the following powers aside from the powers set forth in paragraph 8.3 of the Law on Legal Status of Government Agency:

55.1.1.to provide administrative and professional management by governing the overall activities of the forensic institution nation-wide;

55.1.2.to approve the rules, regulation, instruction and standard to be adhered to in the activities of the forensic institution in compliance with legislation, organize their realization and monitor their implementation;

55.1.3.to organize the undertakings such as directly supplying the forensic institution with analysis laboratory equipment, software and reagents and direct purchasing according to the Law on Purchasing goods and services by the state and local property and assets in forming of the reserve of reagent within the scope of conducting the activities of forensics promptly, continuously and efficiently;

55.1.4.to approve the procedure for security level and risk assessment of the forensic institution;

55.1.5.to grant, suspend, restore, extend and cancel the permit to conduct analysis set forth in paragraph 11.1 of this Law;

55.1.6.to spend the budget according to intended use according to sub-paragraph 16.5.5 of the Law on Budget;

55.1.7.to plan and implement the financial and investment measures required for ensuring the normal operation of the forensic institution;

55.1.8.to transfer into official heightened preparedness level and cancel accordingly;

55.1.9.to decide on whether the officers of the forensic institution be mobilized in an activity to provide support at the request of police organization during public disorder and emergency situations;

55.1.10.to develop policy on supplying officers and employees of the forensic institution with special equipment, clothing and other materials and implement the policy accordingly;

55.1.11.to determine the functional schedule of the forensic institution and its employees in compliance with legislation;

55.1.12.to appoint, transfer, rotate, suspend, dismiss and discharge the employee of the forensic institution;

55.1.13.to impose ethical and disciplinary liability to the employee of the forensic institution;

55.1.14.to communicate with domestic and foreign organizations, establish memorandum, agreement and covenant by representing the forensic institution in accordance with specified regulations.

55.2.The head of the central organization of forensics may transfer and assign his/her powers including appointment, dismissal of officer and employee, imposition of ethical and disciplinary liability, representation of the forensic institution, allocation and spending of budget and assets into the first deputy head, deputy head and the head of the subordinate office, unit and forensic institution in charge of territory and accordingly transferring shall not serve as the basis to exempt him/her from liability.

55.3.The head of the central organization of forensics shall define the special requirements and criteria for the persons to be appointed for the service of analysis.

CHAPTER NINE

LEGAL STATUS OF THE OFFICER OF THE FORENSIC INSTITUTION

Article 56.Requirements for the officer of the forensic institution

56.1.The officer of the special state service appointed at forensic institution by taking the oath of the officer of the forensic institution shall be called the officer of the forensic institution.

56.2.Mongolian citizens with higher education, who acquired special expertise and satisfied the requirements of health, qualification, ethics and the provision specified in paragraph 55.3 of this of law shall be appointed as forensic institution analysts and experts.

56.3.The officer shall be obliged to comply his health, profession and qualification level with the criteria on his position.

56.4.The forensic institution shall provide each officer of the given organization with equal opportunity and conditions to study and to get promoted.

56.5.The analyst and expert shall use a special badge bearing an identity number produced in accordance with a fixed design.

56.6.The officer of the forensic institution shall be covered by analysis of professional level determination every 5 years.

56.7.The member of the Cabinet in charge of Justice shall approve the procedure for conducting analysis for determining the professional level of the officer of the forensic institution.

Article 57.Oath of the officer of the forensic institution

57.1.The officer of the forensic institution shall take an oath as follows: "I, citizen of Mongolia, hereby, vow to strictly obey the discipline and code of ethics of the officer of the special state service by respectively implement the law when I join and work at forensics organization. I shall be subject to liability of law should I retreat from this vow".

57.2.The procedure for the oath-taking ceremony by the officer of the forensic institution shall be regulated by paragraph 36.2 of the Law on Civil Service.

Article 58.Classification, grade, rank and uniform of a position of the officer of the forensic institution

58.1.The Cabinet member in charge of Justice shall define the classification and grade of the position of the officer of the forensic institution.

58.2.The officer of the forensic institution shall use police uniform and rank and have identification badge.

58.3.The relations with respect to awarding Police rank and using uniform shall be regulated by the Law on Police Office.

58.4.The cadets studying in foreign universities and institutes by the order of the forensic institution may be granted police rank and uniform.

Article 59.Pass and Identity card of the officer of the forensic institution

59.1.The officer of the forensic institution shall have a pass and identity card issued by the forensic institution.

59.2.The head of the central organization of forensics shall approve the design of the pass and identity card set forth in paragraph 59.1 of this Law.

Article 60.Description of position

60.1.The functions to be executed by the officer of the forensic institution shall be defined by the description of position and the head of the central organization of forensics shall approve such description.

60.2.The other functions specified in law that are not included in the description of the position may be executed upon a decision of the head of the forensic institution for a certain period of time.

Article 61.Transfer of the officer of the forensic institution into a different position

61.1.The officer of the forensic institution may be transferred and rotated into different organizations and units in order to prevent crime, violation and conflict of interests keeping them at similar level of positions, ensure his/her safety and on-duty requirements and due to request of the officer, workplace and position downsizing, decision to recall previous officer for the given position, or health condition.

Article 62.Promotion and demotion of positions

62.1.Depending on the period served on positions at the forensic institution, results of operations and findings of evaluation on professional performance, the officers of the forensic institution shall be promoted or demoted.

62.2.The Cabinet member in charge of Justice shall approve the procedure for the promotion and demotion of the officer and transferring the officer of the forensic institution into different position.

62.3.The officer of the forensic institution shall be demoted in the following cases:

62.3.1.if disciplinary penalties are imposed as specified in this Law;

62.3.2.if medical and other competent authority has made certification that the officer does not qualify for the job due to health reasons;

62.3.3.upon unsatisfactory fulfillment of objective and goal included in the job description;

62.3.4.if the outcomes of operation and the level of professional competency no longer meets the requirements for the position;

62.3.5.upon issuance of opinion, that has not met the requirement of analysis standard twice or more than that;

62.3.6.others specified in law.

Article 63.Suspension of powers

63.1.The powers of the forensic institution officer who was convicted of a criminal offense may be suspended until such issue is investigated and resolved based on the decision of the detective, prosecutor and judge.

63.2.In case the powers of the officer of the forensic institution have been suspended, he/she shall be prohibited from using rank, uniform, and the official pass, identity badge and special equipment shall be seized temporarily.

63.3.If the officer of the forensic institution whose powers are suspended according to the grounds set forth in paragraph 63.1 of this Law is found to be innocent, the period of suspension of powers shall be counted as on-duty period and the wage for that period shall be compensated.

Article 64.Dismissal from service and temporary replacement

64.1.If the officer is treated and nursed for a period more than three months, or study in foreign and domestic university by the order of the institution, such officer shall be dismissed from the service temporarily.

64.2.For the position of the officer who took a leave for child care and those set forth in paragraph 64.1 of this Law, a citizen registered in the list of reserve, who met the requirement and criteria set forth in 56.2 of this Law may be appointed and employed temporarily.

64.3.If it is impossible to replace from the citizens registered in the list of reserves, a citizen may be employed by employment agreement temporarily.

64.4.Employment agreement shall be made when appointing and employing a citizen temporarily at forensic institution.

64.5.The citizen set forth in paragraphs 64.2 and 64.3 of this Law shall not use police rank, badge and uniform.

64.6.The competent official may have the duties of the officer who has been absent for up to 3 months replaced and executed by another officer temporarily.

64.7.The temporary replacement officer shall be granted a bonus of up to 40% of his/her wage taking account of the results of work.

64.8.The member of the Cabinet in charge of Justice shall approve the procedure for temporary replacement.

Article 65.Imposing disciplinary penalties on forensic institution officer

65.1.The following disciplinary penalty shall be imposed on the officer of the forensic institution depending on the nature of the committed violation:

65.1.1.to warn;

65.1.2.to reduce the wage of position by up to 20% for up to 3 months;

65.1.3.to degrade position;

65.1.4.to remove rank allowance for up to 3 months;

65.1.5.to demote;

65.1.6.to dismiss from service.

65.2.The Cabinet member in charge of Justice shall approve the rules for disciplinary penalties and code of conduct for the officer of the forensic institution.

65.3.In terms of officer, the ethical and disciplinary rules to be adhered by the officer of the forensic institution shall serve equally within territory of Mongolia and abroad likewise.

65.4.If the criminal case and violation implicated to the officer of the forensic institution has been dismissed and ethical and disciplinary penalty should be imposed on such violation, a disciplinary penalty may be imposed within 1 month since the decision of dismissal of the criminal case and violation is issued.

65.5.Unless otherwise provided in law, if the officer has not received disciplinary penalty again within 1 year since the date of the imposition of disciplinary penalty, it shall be deemed that the officer does not have disciplinary penalty. During this period, it may be deemed that the officer does not have a disciplinary penalty upon a decision of the competent official who imposed the penalty depending on the outstanding exploit and nature of violation committed by the officer penalized with disciplinary penalty.

Article 66.Dismissal from service

66.1.In the following cases, the officer of the forensic institution shall be dismissed:

66.1.1.seriously violated oath, operational discipline, and code of ethics;

66.1.2.proved being guilty and court decision came into force;

66.1.3.it has been found that the requirement set forth in paragraph 56.2 of this law was not satisfied;

66.1.4.it has been found that being left Mongolian citizenship or having dual citizenship.

Article 67.Seizure and storage of uniform, ID and personal badge

67.1.In the case that the officer is dismissed or fired from the institution, appointed or elected to other jobs, the rank, uniform, identity card, analyst badge, firearms and special devices shall be seized.

67.2.In case the officer is no longer able to perform the duties due to health condition, has reached pension age and reached the age limit for the performance of the job, the officer shall keep his/ her ceremonial uniform.

Article 68.Guarantees for the officer of the forensic institution

68.1.The officer of the forensic institution shall be secured with political, legal, social and economic/financial guarantees stated in this Law in addition to guarantees provided by the Civil service law, the Law on Police office and the Law on Pension and allowances for military officers.

68.2.Disclosure of information, research and data on the officer of the forensic institution without permission shall be prohibited.

68.3.As stated in paragraph 61.1 of this Law, when transferring, or rotating the officer to different positions, it shall not degrade the legal status of the officer.

68.4.The period of working by his/her profession of an analyst and expert who has worked continuously for duration of the last 5 years in the forensic institution shall be deemed as equal to the period working at the special service of the state.

68.5.Bonus for conducting activities of analysis, transportation and autopsy on corpse shall be granted to the officer of the forensic institution.

Article 69.Political guarantees for the officer of the forensic institution

69.1.When exercising individual rights to speech, expression, association, publishing and religion, the officer of the forensic institution shall pay respect to the official duty.

69.2.The forensic institution and its officer shall be prohibited from using any items, objects and equipment that contain symbols of political parties in their activities.

Article 70.Legal guarantees for the officer of the forensic institution

70.1.It shall be prohibited for citizens and officials to intervene in the legal operation carried out by the officer of the forensic institution and to insist of execution of any duties and functions irrelevant to their obligations set forth in law.

70.2.The State shall be liable for any damages and losses caused due to performing of the duties by the officer of the forensic institution in compliance with law.

70.3.In case that the officer of the forensic institution performs duties specified in law during non-working hours and the traveling period to and from work for inspection and evaluation of local crime site shall be considered as performing duties.

70.4.In the event that the officer of the forensic institution and any dependent persons get under threat or potential threat on their lives and health due to the performance of their duties, the officer of the forensic institution shall have the lives and security of himself/herself and dependent persons protected.

70.5.Officer of the forensic institution shall have a right to use personal duty gear and tool, physical force and firearms according to grounds and procedure set forth in law.

Article 71.Social guarantee for the officer of the forensic institution

71.1.The local administrative and local municipality organization shall take measure to provide support in granting incentives and improving social guarantee of the officer of the forensic institution and ensure its implementation.

71.2.The officer who has been working continuously at the forensic institution in charge of the territory of aimag and soum shall be granted a monetary allowance equal to the base salary of 30 months one time at every 5 years by the given institution.

71.3.The Government shall approve the procedure for issuing monetary allowance set forth in paragraph 71.2 of this Law.

71.4.The officer of the forensic institution in medical inspection and analysis one time in a year free of charge.

71.5.The officer who has been working for 5 years or more than that at forensic institution shall be involved at profession and qualification specialization training at every 5 years by the expense of the state.

71.6.In case the officer of the forensic institution dies in the course of performing his/her official duties, the allowance equal to 10-year base salary shall be disbursed to the family of the officer one time by calculating it with the average of salary of the officer.

71.7.If the former officer of the forensic institution was injured and had harm to his/her life and health in connection with the previous duty at the forensic institution, the guarantees stated in paragraph 71.6 and sub-paragraph 71.8.1 of this Law shall be applied similarly.

71.8.In case the officer of the forensic institution has inflicted harm to his/her health in the course of performing the official duties, the Government shall provide the following allowance and aid according to the legislation:

71.8.1.to grant one-time compensation of amount equal to 30, 60 and 90 times higher than the minimum wage taking account of the percentage of loss of employment ability;

71.8.2.compensation of a prosthesis, if it was made;

71.8.3.difference of salary to the recipient of pension due to loss of employment ability.

71.9.Each time the salary amount of the officer of the forensic institution increases, the difference of salary set forth in subparagraph 71.8.3 of this Law shall be updated and paid accordingly.

71.10.The two-way travel cost of the resort and rehabilitation treatment center for the officer of the forensic institution who has become disabled due to damage to health while conducting his/her official duties and was dismissed on grounds of disability shall be paid by the Government once in a year according to the procedure set by the Government.

71.11.The Government shall be liable for the cost specified in paragraph 71.6 of this Law and shall have it paid by the guilty person and the Government shall approve the procedure for granting compensation and aid set forth in paragraph 71.8 of this Law and procedure for granting expenses set forth in paragraph 71.10 of this Law.

71.12.One-year period that the officer of the forensic institution served in crime site inspection, analysis and analysis, laboratory condition and duty personnel shall be counted as equal to one year and four months, one-year service in supporting duty shall be counted as equal to one year and three months, respectively.

71.13.The officer of the forensic institution shall be insured mandatorily and the insurance payment shall be financed by the State Budget.

Article 72.Financial guarantees for the officer of the forensic institution

72.1.The Government shall ensure the normal operating condition of the officer of the forensic institution.

72.2.In the event that the spouse of the officer of the forensic institution was led to cancel his/her employment agreement due to the officer's appointment and transfer to a different city or aimag, the spouse shall be provided with the job of his/her qualification and the equivalent job as a priority and in case such job has not been provided, health and social insurance withholding applicable at that time shall be paid from the state budget at the rate equivalent to minimum wage.

72.3.In case the officer of the forensic institution working in shift had to work for extra hours in exceptional circumstances, the salary for the position shall be paid for each extra hours.

72.4.When the officer of the forensic institution performs the duties during the heightened preparedness level, during non-working hours, at night shifts, and during field drills, food and other necessary items shall be supplied and costs for such items shall be paid.

72.5.The Government shall define the amount of food and other supplies to be issued to the officer of the forensic institution.

72.6.For the officer appointed work in the forensic institution from city to aimag or city to city, the cost for transportation, cargo, per-diem, transportation or families and dependent people and cargo shall be provided at applicable rate of air, land and rail transport at that time and compensated accordingly.

72.7.The Government shall be liable to pay the tuition fee and two-way transportation cost of officers studying in foreign universities according to the order of the forensic institution.

72.8.Salary for the officer of the forensic institution shall consist of the base salary, salary for rank and the following additional remunerations:

72.8.1.salary for period in special service of the state;

72.8.2.salary for special work condition;

72.8.3.salary of qualification degree;

72.8.4.salary for academic degree;

72.8.5.other salary specified in law.

72.9.The Government shall define the network of salary, standard, amount of remuneration of the officer of the forensic institution, and the amount of evaluation and expense set forth in paragraphs 72.6 and 72.7 of this Law.

Article 73.Guarantee for security of the officer of the forensic institution

73.1.In case the life, health and property of the officer of the forensic institution and those that dependent on him/her is under threat, or could be under threat, the officer shall have their security protected.

73.2.The management of the forensic institution shall ensure the safety of analysis process and the safety of the analyst and analysis team.

73.3.The officer of the forensic institution may issue a request to the court, prosecutor and detective to have his/her safety protected in connection with participation in case and dispute.

73.4.The measure of protection set forth in paragraph 73.3 of this Law shall be implemented according to the Law on Protection of witness and victim.

Article 74.Other guarantees

74.1.The Government shall adopt and implement the program of supplying the officer of the forensic institution with an apartment.

74.2.The forensic institution shall be responsible for supplying the officer, who was appointed to work in local territories with accommodation, vehicle and communication device.

74.3.The cost incurred on travelling on the public transportation in the course of performing the official duties of the officer of the forensic institution shall be reimbursed by his/ her institution under the set procedure.

74.4.The Cabinet member in charge of Justice and the Cabinet member in charge of social welfare and labor and finance and budget shall jointly approve the standard normative of workload of the officer of the forensic institution.

Article 75.Age of service of the officers of the forensic institution

75.1.The age limit for service of the officer of the forensic institution shall be defined by the paragraph 91.1 of the Law on Police Office.

75.2.The period of service for the officer that reached the maximum age limit set forth in paragraph 75.1 of this Law may be extended for 5 years.

75.3.The central organization of forensics shall receive the request to extend the period of service set forth in paragraph 75.2 of this Law and submit it to the Cabinet member in charge of Justice along with its own proposal.

75.4.The failure to make a request to be dismissed and to extend by the officer of the forensic institution upon reaching the age limit set forth in paragraph 75.1 of this Law prior to 3 months of the age limit shall not impede the dismissal of him/her at the initiative of administration.

75.5.The Cabinet member in charge of Justice shall review the request and opinion set forth in paragraph 75.2 of this Law and respond by resolving the issue on whether to extend for up to 5 years within 30 days.

75.6.The Cabinet member shall approve the procedure for extension of the period set forth in 75.2 of this Law.

75.7.The citizen that was dismissed from the service by reaching the age limit set forth in paragraphs 75.1 and 75.2 of this Law may be employed in executive and support duties in operation of the forensic institution on contractual basis according to work necessity.

75.8.The period in which the officer pursued studies by the order of by forensic, the period in which the officer worked at higher education and training institution with function for training officer of the forensic institution with military and police rank, and the period in which studied as cadet in professional school and the other period set forth in this Law shall be included in total service period in the forensic institution.

Article 76.Award, incentive and shift vacation of the officer of the forensic institution

76.1.If the officer of the forensic institution has shown outstanding exploit by effectively performing his/her duties, he/she may be awarded and encouraged with police rank, the state and institutional award by appreciating thereof.

76.2.The head of the central organization in charge of forensics shall approve the type, description and design of award, and the procedure to issue thereof.

76.3.It shall be prohibited for other state organizations and officials to award and give incentives to the officer of the forensic institution without acknowledgment of the forensic institution.

76.4.The officer of the forensic institution shall be granted a 15-day vacation annually and it shall be exercised physically.

76.5.The additional vacation of 3 days shall be granted for the management of the professional unit and service of the forensic institution, analyst and support personnel and personnel on duty for each 2 years and the additional vacation of 3 days be granted for other personnel on duty for each 5 years.

76.6.The officer who has not been exercised by vacation physically according to work necessity shall have the wage with the increase of 1.5 times per day upon his/her approval.

CHAPTER TEN

FINANCING OF THE FORENSIC INSTITUTION

Article 77.Budget of the forensic institution

77.1.The budget of the forensic institution shall be reflected in the state budget and financed accordingly, and the reflected budget shall meet the requirements to operate the forensic institution promptly, continuously and effectively.

77.2.Within the scope of requirements set forth in paragraph 77.1 of this Law, the costs of the food and material supply, training, training facility, activity of training for reserve, communication and information technology, research study, ensuring the safety of the officer, and special devices, work safety clothing, and technical equipment for the officer of the forensic institution shall be reflected in the state budget and financed.

77.3.The cost for renewal of forensic technique, equipment and software in compliance with standards shall be reflected in the state budget and financed.

Article 78.Financing from the local budget

78.1.The Governor and Khural of Citizens' Representative of aimag, soum, capital city and district may provide social and economic support to the forensic institution, the officer in charge of the territory and the members of his/her family in order to provide conditions to implement the primary functions of the forensic institution.

CHAPTER ELEVEN

miscellaneous

Article 79.Liabilities for violators

79.1.In case that the action and inaction by a civil servant violating this Law does not have criminal nature, they shall be subject to liabilities specified in this Law and other law.

79.2.Any person or legal entity violating this Law shall be subject to liabilities specified in the respective law.

Article 80.Regulation during transition

80.1.Upon following the principle not to degrade the legal status of the officer who was working in the forensic institution prior to the entry into force of this Law, he/she shall remain in the same position after the date of the entry into of this Law.

80.2.When determining the classification and rank of position, salary amount, salary network of the officer of the forensic institution, the additional renumeration amount of official duties of special circumstances of the state special officer and that of the period worked in the civil service, the principle not to degrade the legal status and social guarantee of them from the level that was valid prior to the entry into force date of this Law shall be adhered to.

80.3.The monetary allowance set forth in paragraph 71.2 of this Law, which is provided each 5 years, shall be calculated since the entry into force date of this Law.

80.4.The paragraphs 14.6 and 14.7 of this Law shall enter into force on January 1, 2024.

80.5.The paragraphs 9.2 and 9.3 of Article 9 of this Law shall enter into force on July 1, 2023. The forensic analysis by each type shall be allocated under the temporary procedure approved by the head of the central forensic institution until July 1, 2023.

80.6.The regulation in connection with the evaluation of damage caused to mentality and elimination of damage in monetary form stipulated in the Law on Forensic analysis and other associated laws shall enter into force on July 1, 2023.

Article 81.Entry into force of the law

81.1.This Law shall enter into force on January 1, 2023.

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA

ZANDANSHATAR.G