Historical overview of the criminal procedure of Mongolia

Although Mongolian state has a long 2000 years history beside general historical studies there is not sufficient studies on specific issues, including Criminal law, Criminal Procedure laws. It is because of very scarce sources left since ancient time. Therefore I wrote this article based on historical studies. Mongolians have been living in open steppe of central Asia since ancient time by support the economies of animal husbandry and hunting and move permanently as nomads. The country is located at the crossing point of Asia and Europe and has been dealing with oriental peoples in one side and western peoples. Therefore Mongolian civilization was created under influence of their own unique nomads lifestyle and its neighbours sedentary style of living. Within the frame of this article I studied :a. Criminal procedure system of the first Mongolian state and specifics;b. Ancient Mongolian states criminal procedure and its tradition. First Mongolian state Hunnu established in 209 B.C. The king hold supreme judiciary power to held a case, but some disputes were judged by seniors and other respected people, this system also had elements of modern judiciary when cases were decided by joint decision of officials, and penalty may be decreased if the accused confess his guilt. Therefore, we may conclude that certain procedures and the penalty system to punish person, who was in breach of the stated rules and customs were formed in the Hunnu state. The states established following the Hunnu state were based on the legal tradition of Hunnu state. Those states, includes around 10 states located within the territory of Mongolia B.C II‐B.C XI. The Supreme judiciary power still was held by king, and hierarchy of officials empowered to held the case was established, but serious cases were reported to the king. The first criminal code was adopted in a period of Toba state and verified complex policy of penalty and punishment. The following adoption of background concerning imposing penalty differently and aggravating and mitigating circumstances during Tureg Khanate period and also establishment of the “buyuk” position further developed Criminal procedure system of Mongolian states. Also capture by Muyun state (294‐410 B.C), Toba state (313‐518 B.C) of their neighboring sedentary states with well developed judiciary systems played important role in development of criminal justice. Uigur, Kidan, as well Turegs were not original Mongolian nations but during some period of history they were part of Mongolian state and vice versa. Therefore those nations kept and developed all tradition of Mongolian state and law. Those states permanently empowered king with supreme judiciary power and there were state structure, official apparatus which exercised investigative and judiciary power. Kidans had created the specialized laws for tax, agriculture, hunting, salt, alcohol, smoke and etc, shared the land by king’s ordinance and granted the land for agriculture. Such was an attempt to introduce sedentary lifestyle to the nomadic peoples. Therefore within the Mongolian territory from first Mongolian state until Tureg state eastern culture was more influential and then from Tureg state until Kidans ruling the western culture became more influential to original nomadic culture. The current criminal procedure of Mongolia is derived from period of Hunnu, which is the first state established in the territory of Mongolia. This tradition has afterwards determined the nature of the following states and its system by the way being transferred into the next generation and renewed up until now. The proceedings of ancient Mongolian states were based on the interrelation of the nature and climate, nomadic culture, tribal system,traditional rules and customs and was easy to apply and follow and inalienable aspect to describe the nomadic culture. The form of proceedings is interconnected with the situation conquered other nations and which is associated with the proceedings of those countries and enriched by new methods. This process has begun from the Muyun state. The view regarding types of crime, its punishments and imposing penalty differently is derived from Hunnu and first criminal code was adopted in a period of Toba state and verified complex policy of penalty and punishment. In period of Tureg Khanate, the adoption of background concerning imposing penalty differently and aggravating and mitigating circumstances, became the basis of the principle of thorough, complete and objective determination of circumstances of the case in criminal procedure. The Mongolians had been imposing penalty under the principle of “hard for hard and soft for soft”. The supreme power of justice and proceedings was implemented by the king and the appointed officers and official apparatus were traditional. It became the basis for creating an independent system of justice and proceedings in the state structure. This began to distinguish expressly since the military and administrative period of Joujan state. There was no difference between civil and criminal cases in the ancient states but there were two types of proceedings as a state (king, solicitor and officer) and civil (reputed peoples, chieftains of the tribes). It’s created basis for civil and criminal procedures. The traditional rule has became the main factor to describe social development since Hunnu period, and in Toba state first Criminal Code was adopted and the status of legal norms in society was increased. Legal norms were improved and during the period of Tureg, Uighur and Kidan states. It highest development stage started in period of the Great Mongol Empire.32) The legal culture and its development was directly related to the scripture culture of Mongolians in this period.