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Нийтлэг асуулт хариулт
Монгол улсын ерөнхий прокурорын газар
Эхлэл МУ-ын Ерөнхий прокурор
Prosecutor’s oversight on the process of registry and investigation

Article 14. Prosecutor’s oversight on the process of registry and investigation

14.1. On the process of registry and investigation, the prosecutor shall oversee the following:

14.1.1. Whether acceptance of complaints and information, investigation, and prosecution of a crime received by an organization that conducts registry and investigation is conducted in accordance with the law;

14.1.2. Whether the process of registry and investigation is conducted in accordance to the grounds and procedures of the criminal procedure law;

14.1.3. Whether the criminal procedure law is correctly applied in the registry and investigation process;

14.1.4. Whether human rights and freedom is guaranteed in the registry and investigation process;

14.1.5. Whether there is grounds and necessity for a prosecutor’s approved investigation;

14.1.6. Whether a measure of restraint, summoning, arrest, and if there are grounds and necessity for forced submission;

14.1.7. Whether there is a legal basis for using protective measures to protect witnesses and victims.

Article 15. The prosecutor’s powers on the oversight of registry and investigation

15.1. In addition to the powers outlined in the criminal procedure law, prosecutor shall exercise the following powers in the oversight of registry and investigation:

15.1.1. Bookkeeping of criminal cases;

15.1.2. Establish jurisdiction on the oversight of registry and investigation;

15.1.3. Establishing a joint working group with organizations responsible for registry and investigation.

15.1.4. To resolve proposals made by an investigator during the registry and investigation process;

15.1.5. To alter and annul decisions made by the investigator and prosecutor in pursuant to the grounds and procedures specified in the law;  

15.1.6. To decide whether an investigation has been conducted in accordance with the law, if it was performed without a prosecutor's consent in case of urgency, and to determine whether it is valid or not;

15.1.7. Access facilities that arrest, temporary detain, and confine individuals without any constraint at any time; meet individuals that are arrested, temporary detained and confined; and immediately release individuals that are illegally arrested, temporary detained, confined or detained longer than the court issued detention period;   

15.1.8. Submitting a proposal to hold an authorized official accountable for not respecting a prosecutor's decision;

15.1.9. To conduct prosecutor’s inspection;

15.1.10. To study and analyze the implementation of criminal law and guidance;

15.1.11. To issue a conclusion if a prosecutor had issued an indictment or dismissed a criminal murder case that happened in relation to domestic violence; 

15.1.12. Others established by the law.

Article 16. Methods on the prosecutor’s oversight on registry and investigation

16.1. The following methods shall be employed on overseeing registry and investigation:

16.1.1. Keeping record of the oversight;

16.1.2. To look over and review cases that is included in the registry and investigation; 

16.1.3. To conduct examination and research on the implementation of the law;

16.1.4. To participate personally in the registry and investigation process.

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Веб статистик
2017.12.01-ний өдрөөс хойш
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