Nullum crimen sine lege

Mongolia

Mongolia - Criminal Code 2002 (EN)

GENERAL PART

TITLE 1
GENERAL PROVISIONS

CHAPTER ONE. PURPOSE AND PRINCIPLES OF THE CRIMINAL CODE OF MONGOLIA

Article 3. Principle of Legality

3.1. This Code only shall recognize an act or omission a crime and shall determine the punishment and other measures of criminal liability to be imposed for committing them.

3.2. Application of the Criminal Code by analogy shall be prohibited.

3.3. No one may be subjected to criminal liability for his/her opinion and beliefs.

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 11. Application of the Criminal Code In Time

11.1. Criminality of and criminal liability for a socially dangerous acts (omissions) shall be determined according to the Criminal Code in force at the time of committing them.

11.2. Irrespective of the time of revealing of the harm caused by a crime, the moment it was committed shall be considered time of its commission.

Mongolia - Criminal Procedure Code 2001 (EN)

PART I
GENERAL PROVISIONS

CHAPTER TWO
TASKS AND PRINCIPLES OF CRIMINAL PROCEEDING

Article 7. Impermissibility of Considering to be Suspect, Prosecuting as Defendant or Sentencing Except on Grounds and in Accordance with Procedure Established by Law

7.1. No one may be considered as suspect, prosecuted as defendant or sentenced except on the
grounds and in accordance with the procedure established by law.

PART I
GENERAL PROVISIONS

CHAPTER TWO
TASKS AND PRINCIPLES OF CRIMINAL PROCEEDING

Article 10. Ensuring the Right for Inviolability of Person

10.1. No one may be suspected in a crime and subjected to arrest without grounds provided by this
Law.

Rome Statute

Article 22 Nullum crimen sine lege

1. A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.

2. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.

3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.