Jurisdiction of custodial State or State where present

Mongolia

Mongolia - Criminal Code 2002 (EN)

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 14. Grounds and Rules of Application of the Criminal Code to the Persons Who Have Committed Crimes Beyond the Territory of Mongolia

14.4. Foreign nationals and stateless persons who have committed crimes beyond the territory of Mongolia shall be subject to criminal liability under this Code if only an international agreement to which Mongolia is a party provides so.

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 15. Extradition of Offenders

15.1. Citizens of Mongolia shall not be extradited to a foreign state for prosecution in criminal cases or for subjecting to criminal liability.

15.2. Foreign nationals and stateless persons who committed crimes beyond the territory of Mongolia and are within the territory of Mongolia may be extradited to the foreign states to be subjected to criminal liability or for serving punishment as provided for in an international agreement to which Mongolia is a party.

Rome Statute

Article 12 Preconditions to the exercise of jurisdiction

1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.

2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:

(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;

(b) The State of which the person accused of the crime is a national.

3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.