Examination of witnesses - national proceedings

Mongolia

Mongolia - Criminal Procedure Code 2001 (EN)

PART VI
RULES FOR EXECUTION OF CERTAIN ACTIONS OF CRIMINAL PROCEEDINGS

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

Article 147. Procedure for Interrogating Witness and Victim

147.1. The common procedures of Article 144 of this Law shall apply to the interrogation of a victim or witness.

147.2. Witnesses and victims in a same case shall be interrogated separately and measures to prevent them from communicating with each other shall be taken.

147.3. Before an interrogation an inquiry officer or investigator shall verify the identity of a witness or victim and shall explain his/her duties and remind him/her of responsibility for refusing to give or evading from giving testimony or for giving deliberately false testimony, and this shall be noted in the record and signed by the witness or victim.

147.4. A witness or victim shall be explained their right not to give an aggravating testimony against themselves, or a member of family, their parents or children and if they chose not to exercise the right they shall be reminded of responsibility for refusing to give or evading from giving testimony or for giving deliberately false testimony.


Article 148. Interrogation of Minor Victim

148.1. Interrogation of a minor victim shall be executed in accordance with the rules set forth in
Article 145 of this Law.

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:

(c) The questioning of any person being investigated or prosecuted;