Conspiracy

Mongolia

Mongolia - Criminal Code 2002 (EN)

GENERAL PART

TITLE TWO
CRIME

CHAPTER SIX
STAGES OF CRIME

Article 31. Preparation to a Crime

31.1. Preparation to a crime shall be the looking for, making or adaptation of the means or tools, selection of accomplices, collusion to commit a crime, or any other deliberate creation of conditions for committing a crime.

31.2. In the absence of signs of another crime preparation to a minor crime shall not be subject to criminal liability.

GENERAL PART

TITLE TWO
CRIME

CHAPTER SEVEN
COMPLICITY

Article 36. Forms of Complicity

36.1. Complicity in crimes shall be of co-principals, an advance agreement by a group of persons, organized group and a criminal organization forms.

36.2. Two or more persons with no advance agreement but acting jointly to commit a crime shall be recognized co-principals.

36.3. Two or more persons joining at an advance agreement to commit a crime shall be recognized a group at an advance agreement.

36.4. A permanent group joining at an advance agreement for the purpose of committing crimes shall be recognized an organized group.

36.5. Union of criminals pursuing the purpose of gaining profit, structured into an organization shall be recognized a criminal organization.

Mongolia - Criminal Procedure Code 2001 (EN)

PART V
OTHER GENERAL TERMS OF CRIMINAL PROCEEDINGS

CHAPTER SIXTEEN
CONSOLIDATION AND SEPARATION OF CRIMINAL CASES

Article 124. Consolidation of a Criminal Case

124.1. Cases of persons prosecuted for cases where several persons have jointly committed one or several crimes, or one person has committed several crimes, or where a person, who did not conspire previously, but has concealed or has not reported an offence shall be consolidated.

124.2. In consolidating criminal cases a minor case shall be consolidated to a less grave offence, a less grave offence to a grave offence, and a grave offence to an extremely grave offence.

124.3. A case may be consolidated at any stage of the criminal proceedings, and in this respect inquiry officer, investigator, procurator and court shall issue a decree or a judge shall issue an order.

Rome Statute

Article 25 Individual criminal responsibility

3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:

(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:

(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or

(ii) Be made in the knowledge of the intention of the group to commit the crime;