Identification and whereabouts of persons - national proceedings

Mongolia

Criminal Procedure Law of Mongolia

PART VI
RULES FOR EXECUTION OF CERTAIN ACTIONS OF CRIMINAL PROCEEDINGS

CHAPTER NINETEEN
INTERROGATION, CONFRONTATIONAL INTERROGATION, IDENTIFICATION AND EXAMINATION OF TESTIMONY

Article 150. Finding Through Identification

150.1. When necessary an inquiry officer or investigator may present a person, an animal, or an item to a witness, victim, suspect, or accused for identification and find them.

150.2. Person who is about to find through identification shall be questioned beforehand concerning the circumstances under which they have seen a person, an animal or an item and the features or peculiarities by which they are able to identify.


Article 151. Procedure for Finding Through Identification

151.1. A person who is being identified shall be presented to a person making the identification together with not fewer than three other persons resembling the person being identified.

151.2. Before the identification the person being identified shall be told to take any place he chooses among the persons being presented, and this shall be noted in the record.

151.3. If it is not possible to present a person physically, his/her photograph may be identified among not fewer than three other photographs.

151.4. A farm animal, other animal or an item shall be presented together with similar farm animals, animals or items.

151.5. If the person making the identification is a witness or victim, they shall be warned beforehand of responsibility for responsibility for refusing to give or evading from giving testimony or for giving deliberately false testimony, and this shall be noted in the record.

151.6. The person making the identification shall be required to indicate the person, farm animal,
animal or item mentioned in his/her testimony and leading or warning questions shall not be permitted.

151.7. If the person making an identification has indicated one of the persons, farm animal, animals or items presented, he/she shall be asked to explain by which features or peculiarities he/she has recognized them and this shall be noted in the record.

151.8. During the action of finding through identification not fewer than 2 witnesses shall be present.

151.9. If the person making an identification wishes so, he/she shall be allowed to make the
identification without knowledge of the person being identified.


Article 152. Record on Action of Finding Through Identification

152.1. A record on action of finding through identification shall be made in conformity with the
provisions of Articles 146 and 154 of this Law.

152.2. The record shall have information concerning the identity of the person making the identification and description the persons, farm animals, animals or items presented for identification, and the testimony of the person making the identification shall be written verbatim.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(a) The identification and whereabouts of persons or the location of items;