Law of Evidence at Mongolia
In Mongolia, the law of evidence is primarily governed by the Criminal Procedure Code of Mongolia, which outlines the rules and procedures for the admissibility and presentation of evidence in criminal proceedings.
📜 Legal Framework
Criminal Procedure Code of Mongolia: This code sets forth the procedures for criminal investigations and trials, including the handling of evidence. It specifies the types of evidence that may be admissible in court and the conditions under which they can be presented. For instance, it addresses the rights of individuals in police custody, such as the right to remain silent and the right to legal assistance, which can impact the evidence collected during such periods.
⚖️ Key Principles
Types of Admissible Evidence: Mongolia recognizes various forms of evidence, including documentary evidence, witness testimony, expert opinions, and material evidence. Each type must meet certain criteria to be deemed admissible in court.
Witness Testimony: Witnesses are required to testify in person, and their testimony is subject to cross-examination. The credibility and reliability of witnesses are crucial factors in determining the weight of their testimony.
Legal Privilege: Mongolia upholds the principle of professional secrecy, which protects communications between attorneys and their clients. Violation of this privilege can result in criminal sanctions, emphasizing the importance of confidentiality in legal proceedings.
🏛️ Judicial Institutions
Court of First Instance: This court handles both civil and criminal cases. Judges may be assigned specialized functions, such as the Examining Judge, who is responsible for investigating serious criminal matters.
Criminal Court: This court is tasked with adjudicating criminal offenses. It comprises professional judges and jurors, and proceedings are generally public, with certain exceptions for minors or sensitive cases.
Public Prosecution Department: This department represents the prosecution in criminal matters and plays a role in civil and administrative cases as well. It is responsible for initiating investigations and ensuring the enforcement of judgments.
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