Immunity

Mongolia

Criminal Code of Mongolia

GENERAL PART

TITLE 1
GENERAL PROVISIONS

CHAPTER TWO
APPLICATION OF THE CRIMINAL CODE IN TIME, TERRITORY AND WITH REGARD TO THE PERSONS FALLING INTO ITS SCOPE

Article 13. Grounds and Rules of Application of the Criminal Law to the Persons Who Committed Crimes in the Territory of Mongolia

13.3. The matter of criminal liability of the persons who enjoy diplomatic immunity and those who do not fall within the criminal jurisdiction of Mongolian courts under the laws in force and international agreements shall be settled through the diplomatic channels.

SPECIAL PART

TITLE TEN

CHAPTER THIRTY
CRIMES AGAINST SECURITY OF THE MANKIND AND PEACE

Article 301. Attack against persons enjoying the international protection

306.1. Attack against a government representative, officer of an international organization, their offices, dwellings or means of transport with the purpose of tensing the relations between nations shall be punishable by imprisonment for a term of more than 5 to 8 years.

Criminal Procedure Law of Mongolia

PART I
GENERAL PROVISIONS

CHAPTER ONE
LEGISLATION ON CRIMINAL PROCEDURE

Article 4. Application of Law on Criminal Procedure with Respect to Foreign Citizens and Persons without Citizenship

4.3. Consent for executing criminal proceedings with respect to persons enjoying diplomatic
immunity and inviolability shall be sought through central state administration organ in charge of external affairs of Mongolia.

Rome Statute

Article 98 Cooperation with respect to waiver of immunity and consent to surrender

1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.

2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.