RULES FOR EXECUTION OF CERTAIN ACTIONS OF CRIMINAL PROCEEDINGS
SEIZURE, SEARCH, SEALING OF PROPERTY AND SEIZURE OF ITEMS SENT BY POST AND TELEGRAM
Article 132. Grounds for Executing Seizure and Search
132.1. If there are sufficient grounds to believe that items and documents are significant for reviewing and resolving a case, they shall be seized from its possessor.
132.2. Seizure of documents containing state secrets shall be executed only with the sanction of a
procurator and provided that the administration of the respective institution is informed.
132.3. A search can be executed if there are sufficient grounds to believe that a wanted person is hiding or arms and tools used in committing a crime, items obtained through a crime, or a corpse or other items that may be significant for resolving a case exists.
Article 133. Procedure for Executing Seizure and Search
133.1. An inquiry officer or an investigator shall issue a decree with description of grounds for seizure or search to be approved by a procurator and the decree shall be read to concerned persons prior to commencement of the action.
133.2. In circumstances not permitting delay a seizure or search may be executed directly or during night hours and a procurator shall be informed on the action within 24 hours.
133.3. If there is a hindrance to seizure and search the action shall be executed through compelling.
133.4. If secret documents or other items protected by law are revealed during seizure or search an inquiry officer or investigator shall take measures to not disclosure them.
133.5. An inquiry officer or investigator shall prohibit persons, present or have arrived at the premises of seizure or search, from leaving or from communicating with one another until the completion of the seizure or search.
Article 134. Sealing of Property
134.1. For the purpose of securing a civil suit or possible confiscation of a property, property of an
accused, a suspect, or of other persons legally bearing material responsibility for their actions shall be sealed.
134.2. Sealing of property may be executed simultaneously with a seizure or search, or separately.
134.3. An inquiry officer or investigator shall issue a decree on sealing of a property with description of grounds and have it approved by a procurator.
134.4. Actions for registering and listing of a property to be sealed shall be taken in conformity with the rules set forth in Articles 133 and 137 of this Law and in presence third party witnesses and other persons.
134.5. Items of daily need of a suspect or accused or of persons dependent on them shall not be sealed and a list of such items shall be set forth by the Law on Enforcement of Court Decisions.
134.6. A sealed property shall be transferred by a decree of an inquiry officer or inspector to a
possessor of the property or an adult member of his/her family or another eligible person for storage and his/her responsibilities for keeping the property intact and unimpaired shall be explained.
134.7. If necessary, a sealed property may be seized temporarily.
134.8. If intact and unimpaired storage of a sealed property as provided by Article 134.6. of this Law is impossible, an inquiry or investigation agency shall be responsible for the property.
134.9. A saving deposit shall be sealed in an amount equal to the payment to be paid and an account of an organization shall be frozen for transactions.
134.10. If it becomes unnecessary to apply this measure further, the previously issued decree on sealing a property shall be invalidated.
Article 135. Search on the Body
135.1. In executing search on a body, the rules set forth by Articles 131, 132 and 137 of this Law shall be observed.
135.2. If following grounds exist, a search on a body may be executed without a decree:
135.2.1. When taking measures of arrest or confinement under guard;
135.2.2. If there is a sufficient ground to believe that a person who is present at premises or other places where a seizure or search is being executed, is concealing an item or a document significant to a case on his/her body.
135.3. During search on a body, persons of a same sex shall be present and this principle shall apply to third party witnesses.
Article 136. Sealing, Seizing and Examining Items Sent Through Post-Telegram
136.1. Sealing, seizure or examination of items sent through post-telegram and located in post
telegram organizations shall be executed with the sanction of a procurator.
136.2. In case of sealing, seizing or examination of items sent through post-telegram, an inquiry officer or investigator shall execute the actions after issuing a decree with description of grounds and having obtained a procurator's sanction and shall allow third party witnesses to be present.
136.3. If it becomes unnecessary to apply the measures set forth in this Article further, the previously issued decree shall be invalidated
Article 137. Persons To Be Present at Seizure and Search
137.1. It shall be mandatory for third party witnesses, and a person whose property or documents are being seized or searched or an adult member of his/her family or his/her defense counsel or any one of them to be present during seizure or search.
137.2. In executing search or seizure in premises possessed by an economic entity or organizations, representatives of the organizations shall be present.
137.3. A person whose property or documents are being seized or searched, third party witnesses or representatives of economic entities and organizations shall be present during all actions executed by an inquiry officer or investigator and shall have the right to propose a comment or request to be reflected in the records.
Article 138. Seizure of Items or Documents
138.1. During a seizure or search an inquiry officer or investigator shall seize only those items and
documents found and which are relevant to a case.
138.2. Items and documents prohibited from circulation shall be seized regardless of their relevance to the case.
138.3. Seized items and documents shall be presented to third party witnesses and to other persons present and when necessary shall be sealed at the place of the seizure or search.
Article 139. Executing Search and Seizure on Offices or Premises of Diplomatic Missions
139.1. Seizure and search on premises possessed by diplomatic missions, or on premises where
members of diplomatic missions and their families live, may be executed only upon the request or with the consent of a diplomatic representative.
139.2. Request on seizure or search shall be made by a diplomatic representative to the Office of the Procurator General through the State Central Organ in charge of External Relations of Mongolia.
139.3. In executing the actions described by Article 139.1. of this Law, it is necessary to have a
procurator and a representative of the State Central Organ in charge of External Relations of Mongolia be present.
Article 140. Record of Seizure, Search and Sealing of Property
140.1. An inquiry officer and an investigator shall make a record of seizure, search, or sealing of
property in conformity with the rules provided by Articles 146 and 154 of this Law.
140.2. If an item or a document seized or transferred in sealed package has special registration on it, the registration shall be attached to the record.
140.3. The record of seizure, search, and sealing of property shall contain a note that persons who were present at the actions were explained their rights provided by Article 137.3. of this Law and the requests made by them.
140.4. The record shall indicate whether items and documents seized have been given up voluntarily or compelled, and where and under what circumstances they have been discovered.
140.5. Quantity, quality, size, weight and specific feature of all seized items, documents and recorded property shall be described in detail in the record or attachment to it and, if possible, their value.
140.6. If, during seizure, search, or sealing of a property, there have been attempts to destroy or hide items and documents, or other resistance by the persons being searched or other persons, the record shall contain a note on that and on the measures taken by an inquiry officer or investigator.
Article 141. Obligation to Hand Over Copy of Record
141.1. A copy of a record shall be handed to and a signed receipt obtained from the person whose items or documents were seized, properties searched or sealed or an adult member of his/her family or a lawyer.
141.2. If a seizure, search, or sealing of a property has been executed on premises of an economic entity or an organization, a copy of the record shall be compulsorily handed to and a signed receipt obtained from a respective official of the organization.
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: