Chapter Two
Human Rights and Freedoms
Article 16 [Citizen's Rights]
The citizens of Mongolia are enjoying the following rights and freedoms :
1) The right to life. Deprivation of human life is strictly prohibited unless capital punishment as constituted by Mongolian penal law for the most serious crimes is imposed as final decision by a competent court.
GENERAL PART
TITLE TWO
CRIME
CHAPTER THREE
CONCEPT AND CLASSIFICATION OF CRIMES
Article 17. Classification of Crimes
17.5. Crimes punishable by imprisonment of 11 to 15 years or in extraordinary cases of up to 25 years or by death penalty as specified in the Special Part of this Code shall be recognized grave crimes.
GENERAL PART
TITLE THREE
CRIMINAL LIABILITY
CHAPTER NINE
PURPOSE AND TYPES OF PUNISHMENT
Article 53. Death Penalty
53.1. Persons who committed grave crimes may imposed death penalty in the instances specified in the Special part of this Code.
53.2. The death penalty shall be executed by shooting.
53.3. Persons who have been sentenced to death shall be entitled to the pardon request to the President of Mongolia. In case of pardon the death penalty shall be substituted by imprisonment in prison for a term of 30 years.
53.4. The death penalty may not be imposed to the persons who were under 16 years of age at the time of committing crime, men of over 60 years of age and women.
SPECIAL PART
TITLE TEN
CHAPTER THIRTY
CRIMES AGAINST SECURITY OF THE MANKIND AND PEACE
Article 302. Genocide
302. Any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such killing of members of the group ; causing grave bodily injuries to members of the group ; imposing measures intended to prevent births within the group ; forcibly transferring children of the group to another group or deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part shall be punishable by imprisonment for a term of 20 to 25 years or the death penalty.
PART II
PARTICIPANT IN THE CRIMINAL PROCEEDING
CHAPTER FIVE
PARTICIPANTS IN PROCEEDINGS TO PROTECT THEIR OWN INTERESTS OR INTERESTS OF REPRESENTING PERSONS
Article 40. Obligatory Involvement of Defense Counsel
40.1.4. to whom death penalty may be applied;
PART IX
APPEALING FROM COURT DECREES OF CONVICTION OR ACQUITTAL, COURT DECREES OR ORDERS AND LODGING COMPLAINT OR PROTEST TO COURT OF SUPERVISORY INSTANCES
CHAPTER THIRTY EIGHT
EXECUTION OF DECREE
Article 331. Permitting A Convict Sentences to Death to Meet With Relatives
331.1. A court must grant of a convict sentenced to death an opportunity to meet once a relative immediately after completion of a judicial session.
PART IX
APPEALING FROM COURT DECREES OF CONVICTION OR ACQUITTAL, COURT DECREES OR ORDERS AND LODGING COMPLAINT OR PROTEST TO COURT OF SUPERVISORY INSTANCES
CHAPTER THIRTY NINE
PROCEDURE AT THE COURT OF SUPERVISORY INSTANCE
Article 356. Obligatory Review and Hearing by the Court of Supervisory Instance of a Case of
Person Sentenced to Death
356.1. Case of a person sentenced to death shall be obligatorily reviewed and heard through
supervisory procedure by the whole bench of judges of the Supreme Court irrespective of the fact of lodging complaint or protest.
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.