Multiplicity of criminal offences

Mongolia

Mongolia - Criminal Code 2002 (EN)

GENERAL PART

TITLE TWO
CRIME

CHAPTER THREE
CONCEPT AND CLASSIFICATION OF CRIMES

Article 19. Multiple Crimes

19.1. Committing two or more crimes specified in several articles of the Criminal Code when the person concerned has not been sentenced for any of them shall be called multiple/ concurrent crimes. The person who committed concurrent crimes shall be subject to criminal liability for each of the crime specified in the Special Part.

19.1. One episode act or omission that contains signs of crimes specified in two or more articles of the Special Part of the Criminal Code shall be recognized concurrent crime.

GENERAL PART

TITLE THREE
CRIMINAL LIABILITY

CHAPTER TEN
IMPOSITION OF AND RELEASE FROM PUNISHMENT

Article 57. Imposing Penalty for Accumulative Crimes

57.1. If a culprit has committed two or more crimes specified in different articles or in different paragraphs of the same article of the Special Part of this Code and has not been sentenced for any of them, the court, having determined penalty separately for each crime, shall determine the actual penalty to be served in person by absorbing the less severe penalty in the more severe one or by adding up wholly or partially all the meted out penalties within the limits specified by the article of this Code which specifies the more severe penalty.

57.2. When imposing penalty for the crime committed by the culprit one or more supplemental penalties specified in the articles of the Special Part this Code may append the principal penalty.

57.3. The same rules shall apply to imposing penalty if after the judgment has been rendered the convict has been found to have committed another crime before being sentenced.

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.

PART VII
PRE-COURT ACTIONS

CHAPTER TWENTY SIX
PRESENTATION OF THE ACCUSATION AND INTERROGATION OF THE ACCUSED

Article 196. Prosecuting as the Accused

196.3. If the accused is charged with committing several crimes which fall under the operation of
different articles of the Criminal Code, the decree to prosecute as the accused must indicate which precise actions are imputed to the accused under each of the articles of the Criminal Code.

Rome Statute

Article 25 Individual criminal responsibility

1. The Court shall have jurisdiction over natural persons pursuant to this Statute.

2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.

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:

(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;

(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;

(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;

(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;

(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;

(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.

3 bis. In respect of the crime of aggression, the provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State.

4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.