Criminal
Death penalty abolished; 2017 code recast on proportionality lines
Mongolia abolished the death penalty for all crimes, acceding to the Second Optional Protocol to the ICCPR in 2012 and removing it from the code. The 2017 Criminal Code restructured offences and sentencing.
Key rules
- Jurisdiction — First-instance criminal courts in each district; appeals to aimag and capital-city courts, then the Supreme Court.
- Deadline — Detention without charge limited to 48 hours before judicial authorisation
- Deadline — Appeal within 14 days of the first-instance judgment
Governing law
- Criminal Code of Mongolia2017
- Criminal Procedure Code of Mongolia2017
- Second Optional Protocol to the ICCPRacceded 2012
Penalties and consequences
- Imprisonment, with life imprisonment as the maximum sentence
- Fines, community service and restriction of the right to travel
In practice
The 2017 code reduced the number of imprisonable offences and expanded non-custodial sentencing. Pre-trial detention requires judicial authorisation and is subject to review. Defence counsel is available from detention, and state-funded legal aid exists though capacity is limited outside the capital. Torture is a distinct criminal offence following amendments prompted by treaty-body findings.