Taking of evidence - national proceedings


Criminal Procedure Law of Mongolia



Article 92. Collection of Evidence

92.1. During inquiry and investigation evidence shall be collected through execution of interrogation,
confrontational interrogation, identification, seizure, examination, search, investigative experiment, examination or other procedural actions provided by this Law.

92.2. An inquiry officer, investigator or procurator shall have the right, by the request of the parties
or by their own initiative and according to rules set by this Law, to take testimony, to appoint an expert for purposes of issuing a conclusion, to execute examination or search and other procedural actions provided by this Law, to retrieve from organizations, officials, citizens or undercover agencies physical evidence, documents with significance to a case and to demand from authorized organizations and officials to execute examinations.

92.3. A suspect, accused, defendant, defense counsel, the state prosecutor, as well as victim, civil
plaintiff, civil defendant, and their representatives, and any other citizens and organizations may make available documents and facts.

92.4. In collecting evidence it shall be prohibited to execute activities dangerous to a citizen's life and
health or degrading his/her dignity, and to use such illegal methods as treating inhumanly or cruel way, using threat, coercing in order to retrieve testimony, explanation or conclusion, and deceiving.

Article 92 Documentation of Evidence

92.1. Physical evidence, documents and information which have been collected in a case, shall be
recorded and documented in the records of inquiry, investigation or court session.

92.2. The duty to make records shall rest on an inquiry officer, investigator or procurator in the
inquiry or investigation stages, or on the secretary of the court session during court sessions.

92.3. In documenting evidence, besides making records, other methods adequate to the principles of
criminal procedure, such as audio or video recording, taking photo or making hand drawing or taking shapes and prints of tracks or traces shall be used.

Article 94. Verification of Evidence

94.1. An inquiry officer, investigator, procurator and court shall be obligated to review collected
evidences comprehensively and objectively.

94.2. Evidence collected in a case can be verified by way of comparative analysis, comparing with
other evidences, collecting new evidence, and verifying the source of the evidence.

Article 95. Evaluation of Evidence

95.1. An inquiry officer, investigator, prosecutor and court shall evaluate all the evidences in their
entirety in order to determine whether the evidences which are relevant to a case and which were obtained according to law, are sufficient for reviewing and resolving the case.

95.2. In evaluating an evidence an inquiry officer, investigator, procurator, and judge, shall take law
and legal consciousness as a guidance and evaluate the evidence by their inner conviction, based on comprehensive, thorough, complete and objective review of the evidence.

95.3. For an inquiry officer, investigator, procurator and judge there shall be no evidence previously
established as being inexorably true.

95.4. There shall be no necessity to reprove facts which has been already established by a court
decision which took legal effect, but this provision shall not apply for reopening of a case based on newly discovered circumstances.

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:

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;