Provisional arrest for national proceedings


Criminal Procedure Law of Mongolia



Article 60. Releasing a Suspect

60.1. In following instances judge shall issue a decree to release a suspect:

60.1.1. there was not sufficient evidence to suspect in committing a crime;

60.1.2. there are no grounds to apply measures of restraint as confinement under guard against a
person being arrested;

60.1.3. arresting a person in violation of Article 58 of this Law.

60.2. If, after expiration of seventy two hours of arrest, no decision by court to confine the person
under guard is received, a chief of detention center shall notify the inquiry officer, investigator, procurator and court on the fact and release the person.

60.3. Upon release of suspect he/she shall be given a certification on when, where, on what grounds,
on whose decision he/she was arrested and when, on whose decision was released.



Article 62. Application of Measures of Restraint

62.1. One of the following measures shall be applied to suspect, accused or defendant if there are
grounds for his/her escaping from inquiry, investigation or court, or hindering the establishment of objective circumstances of a criminal case, or committing a crime:

62.1.1. signed promise not to depart from place of residence;

62.1.2. personal surety;

62.1.3. bail;

62.1.4. surveillance of military serviceman under guard of military unit command;

62.1.5. confinement under guard.

62.2. Application of a measure of restraint shall be carried out by a decree of an inquiry officer,
investigator, procurator, judgement of court or by an order of a judge and the measure of restraint
shall be taken only by a judge.

Article 63. Circumstances to be Considered When Selecting a Measure of Restraint

63.1. When resolving the question whether it is necessary to apply a measure of restraint, an inquiry
officer, investigator, procurator, or court shall consider the classification of the crime, the personality of the suspect, accused, defendant, the nature of his/her occupational activities, position, age, the state of his health, his family situation, and other circumstances.

Article 64. Signed Promise Not to Depart

64.1. A signed promise not to depart shall be obtained in writing from a suspect, accused, defendant
which obligates them not to depart from their place of permanent or temporary residence without the
permission of an inquiry officer, investigator, procurator, or court and to arrive whenever summoned.

Article 65. Personal Surety

65.1. Personal surety shall be an acceptance by trustworthy adult who able to take responsibility,
who has place of residence, is occupied by certain job or business, and has financial sources of a written obligation that he/she shall ensure the proper execute of a suspect or an accused and their arrival when summoned by an inquiry officer, investigator, procurator, or court.

65.2. The number of sureties shall not be less than two persons.

65.3. When a signed promise of personal surety is obtained, the surety must be informed of the
nature of the case for which the given measure of restraint is selected, and of his/her responsibility in the event that the suspect, accused or defendant hides from investigation, or from the court.

65.4. If a suspect, accused or defendant escapes from inquiry, investigation and court proceedings
the sureties shall be fined for amount set forth in Article 77 of this Law and all expenses related to a search for the suspect, accused or defendant shall be covered by the sureties.

65.5. With respect to imposing a fine or covering expenses incurred during a search, a judge and
court shall issue ruling and judgement respectively.

Article 66. Surveillance by Command of Military Unit

66.1. Surveillance of an accused who is a member of the armed forces by the command of a military
unit shall consist in taking measures provided for by the code of the Armed Forces to secure the proper execute of the accused and his appearance when summoned by an inquiry officer, investigator, procurator, or court.

66.2. The command of the military unit shall be notified of the nature of the case for which the given
measure of restraint is selected.

Article 67. Bail

67.1. Bail shall consist of money or valuables deposited in special account or in cash by a suspect,
accused, defendant him/herself or by other person or organization to secure his/her appearance when summoned by inquiry officer, investigator, procurator or court.

67.2. A record of the receipt of bail shall be drawn up and its copy shall be handed to the person
furnishing bail or the person to whom the measure of restraint is taken.

67.3. The amount of bail shall be determined based on classification of the crime, or depending on
personal character or property status of the suspect, accused and defendant.

67.4. In the event that the accused evades appearing when summoned by the person carrying out an
inquiry, investigator, procurator or court, the bail shall be converted to state revenue by a riling of a judge.

Article 68. Confinement Under Guard

68.1. Confinement under guard may be applied in respect to suspects, accused and defendants with
respect to grave and extreme grave crimes provided by Criminal Law or to persons repeatedly convicted or extremely dangerous criminals if they are suspected in committing a crime, for purposes of preventing them from escaping of inquiry, investigation and court, from hindering establishment of real circumstances of the case or from re-engaging in criminal activity.

68.2. If following circumstances exist, suspects, accused and defendants involved in less grave
crimes may be confined under guard:

68.2.1. they have violated previously taken measures of restraint;

68.2.2. they may escape or have escaped from inquiry, investigation, procurator or court.

68.3. If considered inevitable to confine under guard, an inquiry officer or an investigator shall draw a
decree specifying the grounds and present it to a procurator and the procurator shall present it to court for approval.

68.4. If the suspect arrested according to rules set for by Articles 58 and 59 of this Law is to be
confined under guard, the respective decree shall be delivered to court 6 hours before the time of arrest expires.

68.5. If the judge refused to confine under guard, re-submission of proposition to confine under
guard the suspect or accused shall be delivered to court only if new grounds and causes for confinement under guard emerge.

68.6. If there are grounds to confine the defendant, courts may apply the measure.

68.7. Inquiry officer, investigator, procurator or judge shall inform family members, relatives or
defense counsel of the person confined under guard on the decision to confine under guard within the time limits provided for by Article 61 of this Law.

68.8. If one of the grounds provided by Article 68.2. of this Law exists, then pregnant women may be
confined under guard with the supervision of a medical institution.

68.9. It shall be prohibited to confine under guard persons who has been suspected in committing
minor crimes or who are seriously ill, or pregnant women, minors, or women breast feeding their infants, if there is no ground provided Article 68.2. of this Law

Article 69. Periods of Confinement Under Guard and Procedures for Their Extension

69.1. Term of confinement under guard of a suspect shall be up to 14 days.

69.2. Term of confinement under guard of an accused shall be up to two months.

69.3. If there is inevitable necessity to investigate the case while confining the accused by reason of
the special complexity of the case of less grave, grave, specially grave crimes committed by accused, the period may prolonged by court, but total period of investigation with confinement shall not exceed
24 months.

69.4. If it is considered necessary to confine accused for crimes provided for by Articles 81.2 (Assault
to life and body of prominent political and social figure), 84 (Sabotage), 91.2 (Murder in grave circumstances with intention), 177.2 (Banditism in extremely grave circumstances) and 302 (Genocide) of the Criminal Law for longer period than specified in Article 69.3. of this Law the period of confinement under guard may be extended by court for up to six months additionally.

69.5. The investigator shall deliver a decree with grounds on extension of period for investigation
with confinement to a procurator prior to 7 days before expiration of the period and the procurator shall deliver it to court.

69.6. Judge shall review the proposal to extend period of confinement under guard within 72 hours
and shall sanction or refuse the proposal.

69.7. If a person is confined again in relation to the same case, or newly confined under guard in
relation to consolidated or separated cases, the period of previous confinement shall be included when computing the total period of confinement.

69.8. The term of investigation in relation to a confined accused whose case was sent back from
court for additional investigation shall be included into the term provided by Article 69.2. of this Law.

69.9. If the term for investigation with the confinement is expired at the judicial examination stage,
the Chief Judge of the relevant court may extend the term for as long as necessary by issuing an order.

Article 70. Cancellation or Change of Measures of Restraint

70.1. Considering the classification of a crime and personality of suspect, accused or defendant
previous measure of restraint shall be cancelled or changed to a more severe or a milder measure.

70.2. The cancellation or change of measures of restraint shall be resolved with the proposition of an
inquiry officer or an investigator only by a decree of the procurator who has made the decision or the procurator of higher instance authorized to supervise activities of the inquiry officer or the investigator, or by a judge approval or if the case is referred to a court, by a decree of court, or a judge order.

70.3. Other measures of restraint, except arrest and confinement under guard, applied by decision of
a procurator may be cancelled or changed only by the same procurator or a procurator of higher instance.

Article 71. Supervision Over Legality of Application of Measures of Restraint

71.1. A procurator shall exercise supervision over the legality of application of measures of restraint
carried out by an inquiry officer or an investigator.

71.2. If it is necessary to apply measures of restraint with regard to a suspect or accused, or to
cancel or change already applied measures, the procurator who supervises the case or procurator of higher instance shall draw a decree and inform the inquiry officer or the investigator.

Rome Statute

Article 92 Provisional arrest

1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.

2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:

(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;

(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;

(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and

(d) A statement that a request for surrender of the person sought will follow.

3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.

4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.