3. If a person enjoying diplomatic immunity and privileges of a foreign country commits a crime on the territory of
Mongolia, it will be decided according to the international agreement of Mongolia whether he will be held
criminally responsible by this law.
/This section was amended by the law of May 11, 2017/
4. In the cases specified in this law, legal persons who commit crimes in the territory of Mongolia shall be held
criminally responsible by this law.
/This section was amended by the law of May 11, 2017/
Article 1.6. Penal Code applies outside the territory of Mongolia
1. If a citizen of Mongolia and a stateless person permanently residing in the country commits a crime specified in
this law in a foreign country and is not criminally responsible for that crime, this law shall impose criminal liability.
/This section was amended by the law of May 11, 2017/
2. If a person is sentenced in a foreign country for the crime specified in paragraph 1 of this article, the court of
Mongolia may reduce or release the sentence imposed on him in accordance with this law. Unless otherwise
stipulated in the international treaty of Mongolia, the court may consider the person innocent on the grounds
specified in this law.
3. Unless otherwise specified in the international treaty of Mongolia, military servicemen of Mongolia who commit
crimes while serving in a foreign country shall be held criminally liable by this law.
/This section was amended by the law of May 11, 2017/
4. Foreign citizens and stateless persons who commit crimes outside the borders of Mongolia shall be subject to
criminal liability under this law in cases provided for in international agreements of Mongolia.
/This section was amended by the law of May 11, 2017/
5. If a foreign citizen or a stateless person who does not permanently reside in Mongolia commits a crime against
the interests of Mongolia outside the country's borders and has not been convicted, criminal liability may be
imposed by this law in the cases provided for in Mongolia's international agreements.
/This section was amended by the law of May 11, 2017/
Article 1.7. Transfer of a person who has committed a crime
1. A citizen of Mongolia will not be extradited to a foreign country for criminal investigation or punishment.
2. A foreign citizen in the territory of Mongolia who has committed a crime outside the territory of Mongolia, or a
stateless person who does not permanently reside in Mongolia, may be extradited to a foreign country for criminal
investigation and punishment in accordance with international agreements of Mongolia.
/Added to this section by the law of January 10, 2020./
3. If there are sufficient grounds for imposing the death penalty or torture according to the laws of that country, a
foreigner or a stateless person shall not be extradited to that country for criminal investigation or punishment.
Article 1.8. Period of validity of the law
1. The criminalization of an act or omission, and the type and amount of criminal responsibility imposed on the
guilty person or legal entity shall be determined by the law in force at the time of the crime.
/This section was amended by the law of May 11, 2017/
2. Irrespective of when the consequences of the crime became apparent, the time when the criminal act or omission
specified in this law ended shall be considered as the time of the crime.
3. If the criminal act or omission continued for a certain period of time, the period when the crime was completed or
stopped shall be considered as the period of the crime.
Article 1.9. Retroactive application of the law
1. Laws that decriminalize actions and omissions, reduce punishments, and improve the legal status of offenders
shall be applied retroactively.
2. Laws that criminalize actions or omissions, increase the severity of the punishment, or worsen the legal status of
the person who committed the crime shall not be retroactively applied.
3. In the event that the new law reduces the punishment for the crime, the court shall reduce the punishment of the
previously convicted person according to the newly established punishment.
Article 1.10. Limitation period for crimes
1. If it is established that the following period has passed since the commission of the crime, the accused shall not be
charged:
1.1. one year has passed since the commission of the crime for which the maximum sentence of imprisonment is set
for one year or less, or the maximum sentence of restricting the right to travel is set for one year or less in the special
section of this law;
/This provision was amended by the law of May 11, 2017/
1.2. five years have passed since the commission of the crime for which the minimum term of imprisonment is more
than one year and the maximum term is eight years or less, or the minimum term of restricting the right to travel is
set for more than one year;