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
13.1. Persons who have committed crimes in the territory of Mongolia shall be subject to the criminal liability under this Code.
13.2. In case of committing a crime on the land in possession of the diplomatic representative offices of Mongolia abroad that constitutes its territory, on board a ship flying the state flag of Mongolia or aircraft that is beyond its frontiers the culprit shall be subject to criminal liability under this Code.
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.
Article 14. Grounds and Rules of Application of the Criminal Code to the Persons Who Have Committed Crimes Beyond the Territory of Mongolia
14.1. If a citizen of Mongolia or a stateless person permanently residing in Mongolia has committed a crime specified in this Code abroad and he/she has not been sentenced for it, he/she shall be subject to criminal liability under this Code.
14.2. If the person specified in paragraph 1 above has been imposed penalty for the crime
abroad, a Mongolian court may commute the penalty imposed in accordance with this Code or renounce the person recognized guilty. Unless otherwise provided in an international agreement to which Mongolia is a party the court may recognize the person not guilty in accordance with the grounds and rules set in this Code.
14.3. Unless otherwise provided in an international agreement to which Mongolia is a party Mongolian servicemen who have committed crimes in the course of their service abroad shall be subject to criminal liability under this Code.
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.
14.5. If a foreign national or a stateless person who does not permanently reside in Mongolia has committed a crime against the interests of Mongolia beyond its territory for which he/she has not been sentenced, he/she may be subjected to criminal liability under this Code in the events specified in an international agreement to which Mongolia is a party.
PART VIII
COURT ACTIVITIES
CHAPTER THIRTY
COURT JURISDICTION
Article 220. Court Jurisdiction for Criminal Cases
220.1. All criminal cases except those which were specifically specified by law shall be reviewed and resolved through jurisdiction of soum, intersoum and district courts by way of first instance.
Article 221. Territorial Jurisdiction Over Criminal Case
221.1. A case shall be subject to consideration in the court of the area where the crime is committed.
221.2. If a crime is initially started on the territory subject to jurisdiction of one court, but was
completed on the territory subject to jurisdiction of another court , it shall be subject to jurisdiction of a court of the area where the crime was completed.
221.3. If it is impossible to determine the place of commission of the crime, of if the case was
committed in different places, the case shall be within the jurisdiction of the court of the area where the investigation in the case is completed.
221.4. A case which is within the jurisdiction of several courts of the same kind simultaneously shall be considered by the court of the area where the investigation in the case is completed.
Article 222. Transfer of Criminal Case to Another Jurisdiction
222.1. If a case is not within the Jurisdiction of the given court, it shall referred to court of proper
jurisdiction by ruling of a judge.
222.2. A court, having established during judicial session that a case is within the Jurisdiction of another similar court, shall continue the sessions and resolve the case completely if it does not hinder the establishment of the truth in the case.
Article 223. Transfer of Criminal Case From One Court to Another Court
223.1. In individual instances, for the purpose of the most speedy, complete and objective consideration of a case, it may be transferred for consideration from one court to another similar court. The transfer of the case on such grounds shall be permitted only before its consideration in judicial session has commenced.
223.2. The Chief Judge of a Chamber of the Supreme Court by its ruling shall determine the jurisdiction and transfer the case in instances when case is transferred to soum, intersoum court of different aimags, or to district court and Chief Judge of aimag or the Capital City court by its ruling in instances of transferring a case to different soum, intersoum court within the aimag or to different district court.
223.3. If court of soum, intersoum, district, aimag or the Capital city does not have full court
composition to consider the case, Chief Judge of higher instance shall by its ruling appoint another judge of appropriate instance, and the case shall be subject to consideration of a court where most of its members are present in the court composition.
Article 224. Impermissibility of Disputes Over Jurisdiction
224.1. Disputes over jurisdiction between courts shall not be permitted and any case referred from one court to another through the procedures provided by Articles 222 and 223 of this Law shall be subject to unconditional acceptance by the court to which it is referred.
1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.
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.
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.