Provisional arrest - release - national proceedings

Mongolia

Criminal Procedure Law of Mongolia

PART III
MEASURES OF COERCION IN CRIMINAL PROCEEDINGS

CHAPTER EIGHT
ARREST OF SUSPECT

Article 60. Releasing a Suspect

60.1. In following instances judge shall issue a decree to release a suspect:

60.1.1. there was not sufficient evidence to suspect in committing a crime;

60.1.2. there are no grounds to apply measures of restraint as confinement under guard against a
person being arrested;

60.1.3. arresting a person in violation of Article 58 of this Law.

60.2. If, after expiration of seventy two hours of arrest, no decision by court to confine the person
under guard is received, a chief of detention center shall notify the inquiry officer, investigator, procurator and court on the fact and release the person.

60.3. Upon release of suspect he/she shall be given a certification on when, where, on what grounds,
on whose decision he/she was arrested and when, on whose decision was released.

Rome Statute

Article 92 Provisional arrest

3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.