Language

Mongolia

Criminal Procedure Law of Mongolia

PART I
GENERAL PROVISIONS

CHAPTER TWO
TASKS AND PRINCIPLES OF CRIMINAL PROCEEDING

Article 19. Language in Which Proceedings Shall be Executed

19.2. If persons participating in criminal proceeding do not have command of Mongolian language
then through his/her mother tongue or languages and scripts known to him/her or if mute or deaf then with the help of gestures and special signs and translator, interpreter shall be provided with the right to give testimony, to submit complaint, to make speech in court and to get introduced with all materials of the case.

PART II
PARTICIPANT IN THE CRIMINAL PROCEEDING

CHAPTER FIVE
PARTICIPANTS IN PROCEEDINGS TO PROTECT THEIR OWN INTERESTS OR INTERESTS OF REPRESENTING PERSONS

Article 35. Suspect

35.2.5. to give a testimony in his/her own language or make use of a translator, interpreter;

PART VII
PRE-COURT ACTIONS

CHAPTER TWENTY FIVE
THE GENERAL CONDITIONS FOR CARRYING OUT THE INQUIRY AND INVESTIGATION

Article 191. Involvement of Interpreter

191.1. In instances provided for in Article 19 of this Law, an inquiry officer or investigator shall involve a translator, interpreter in investigative actions.

191.2. The translator, interpreter shall be explained of his rights and duties and shall be warned of his responsibility for making a deliberately false translation or interpretation and this shall be noted in the record of the particular investigative action and shall be certified by the signature of the translator, interpreter.

PART VII
PRE-COURT ACTIONS

CHAPTER TWENTY SIX
PRESENTATION OF THE ACCUSATION AND INTERROGATION OF THE ACCUSED

Article 202. Record of Interrogation of Accused

202.8. If interrogation of the accused is carried out with the participation of a translator, interpreter, the record shall include an indication that their duties and responsibilities and the right of accused to challenge the translator, interpreter have been explained and this shall be certified by the signature of the translator or interpreter.

202.9. The translator or interpreter shall sign each page of the record and the record as a whole.

202.10. If the record of the interrogation has been translated in writing into another language, the translation as a whole and each separate page thereof must be signed by the translator and the accused.

Rome Statute

Article 50 Official and working languages

1. The official languages of the Court shall be Arabic, Chinese, English, French, Russian and Spanish. The judgements of the Court, as well as other decisions resolving fundamental issues before the Court, shall be published in the official languages. The Presidency shall, in accordance with the criteria established by the Rules of Procedure and Evidence, determine which decisions may be considered as resolving fundamental issues for the purposes of this paragraph.

2. The working languages of the Court shall be English and French. The Rules of Procedure and Evidence shall determine the cases in which other official languages may be used as working languages.

3. At the request of any party to a proceeding or a State allowed to intervene in a proceeding, the Court shall authorize a language other than English or French to be used by such a party or State, provided that the Court considers such authorization to be adequately justified.

Article 55 Rights of persons during an investigation

2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:

(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and

Article 87 Requests for cooperation: general provisions

2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession. Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.