Examination of places or sites - national proceedings


Criminal Procedure Law of Mongolia



Article 126. Grounds for Executing an Examination

126.1. An inquiry officer or investigator shall execute an examination of a crime scene, items and
documents for purposes of establishing the circumstances of the crime, finding traces and physical evidence and clarifying the circumstances significant to the crime.

126.2. In situations not permitting delay an examination may be executed prior to initiation of a
criminal case.

Article 127. Rules for Executing an Examination

127.1. Examination shall be executed with presence of 2 third party witnesses.

127.2. If it is not possible for third party witnesses to be present, a examination shall be executed
without them and the process and results of the examination shall be documented with the use of technical equipment.

127.3. A procurator shall always be present during an examination of an extremely grave crime scene.

127.4. An accused, suspect, victim or witness may take part in an examination.

127.5. An expert without personal interest in a case may be invited to participate in an examination.

127.6. During an examination it shall be permitted to take measuring, photographs, make hand
drawing, audio and video recording, and take shapes and prints of tracks or traces.

127.7. Objects and documents newly discovered during an examination shall be specifically examined on the spot.

127.8. If an examination of articles or documents requires a longer period of time, or if there are other grounds, the examination shall be executed at the place of an inquiry or investigation.

127.9. An item considered necessary shall be seized without loss of initial characteristics.

127.10. An examination of articles sent by post or telegraphic correspondence shall be executed in conformity with the rules set in Article 136 of this Law.

Article 128. Examination of a Corpse

128.1. A forensic medical expert, or if not possible, a medical doctor shall participate in examination of a corpse.

128.2. If it is necessary to exhume a corpse from the place of burial, an inquiry officer or an investigator shall issue a decree specifying grounds to such effect and the decree shall be sanctioned by a procurator and the action shall take place in the presence of a forensic medical expert and third party witnesses.

Article 129. Examination on a Human Body

129.1. An examination on a body of an accused, suspect, witness, or victim may be executed in order to discover whether there are traces and specific features of a crime on their bodies and to document them.

129.2. An inquiry officer or investigator shall issue a decree to execute an examination on a body, which shall be binding upon the person concerned.

129.3. If necessary, a medical doctor may be involved in examining a human body.

129.4. If it becomes necessary to undress a person during examination on the person's body a third party witness of the same sex shall always be present.

129.5. During undressing an inquiry officer or investigator of opposite sex shall not be involved and in this case the examination shall take place in presence of another inquiry officer or investigator of the same sex, with the presence of a medical doctor and third party witnesses.

129.6. In executing an examination, it shall be prohibited to use methods degrading the dignity of the person being examined or dangerous to his/her health.

Article 130. Record of Examination

130.1. An inquiry officer or investigator shall produce a record of an examination in conformity with the rules set forth by Articles 146, and 154 of this Law.

130.2. The record shall describe every actions of an inquiry officer or the investigator, the process of an examination, items discovered, seized or sealed, weather condition, equipment and a seal used, and describe in detail and in sequence how evidence and items of significance for the case were stored and resolved and time of start and completion and time spent.

Article 131. Execution of an Experiment

131.1. Experiment can be executed if it is necessary for reproducing certain circumstances and events significant to a case.

131.2. Two third party witnesses shall be present during an experiment and if necessary a suspect,
accused, victim, witness or a specialist who does not have personal interest in the case may be allowed to participate.

131.3. Experiment shall be executed in conditions that do not discredit dignity and reputation of
persons, do not cause danger to his/her health and in documenting its process and results, actions such as measuring, taking photographs, making drawings and video recordings may be executed.

131.4. A record on execution of experiment shall be drawn up in conformity with provisions of Articles 146 and 156 of this Law and shall satisfy the requirements set forth in Article 130 of the Law.



Article 276. Examination of Local Area and Premises

276.1. If the bench deems necessary, an examination of premises or local area where the case is
committed or of other premises or local area may be carried out in the presence of the parties, witness, experts and other participants.

276.2. Upon arrival at the place of the view, the chair of the judicial session shall announce the
continuation of the judicial session, and the court shall commence the view; in this regard questions may be asked of the defendant, victim, witnesses and expert in connection with the view.

276.3. Persons present at the view may direct the attention of the court to everything which in their opinion have significance for elucidation of the circumstances of the case.

Article 277. Experiment

277.1. If it is necessary reproduce any event, action or other circumstance for purposes of verifying or proving documents attached to the case the court may perform an experiment upon request of the parties.

277.2. Parties, witnesses and other participants must be present during an experiment .

277.3. The experiment shall be performed in conformity with procedures set forth in Article 131 of this Law.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(g) The examination of places or sites, including the exhumation and examination of grave sites;