Tradition of the death penalty in criminal law Mongolia and the current legal regulation

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Centuries ago, when the first states were formed, the death penalty was an important component of state policy. It was usually used to punish especially dangerous criminals who committed such crimes as rebellion, betrayal of the motherland, conspiracy against state power, and murder. All these deeds were considered as crimes against the Eternal Blue Sky, the people saw justice in this. Traditionally, the Mongolian state widely used the death penalty, thus protecting the state and religious and national foundations. The first special criminal law of Mongolia was adopted in 1926, which provided for the death penalty - execution. Changes in the criminal code, made in 1934, secured that the death penalty does not apply to minors and pregnant women. Additions to the Criminal Code of Mongolia from 1961 established a special regime for the application of criminal punishment, including the death penalty, to persons over 60 and under 18. The Criminal Code, adopted after the adoption of the new democratic constitution of Mongolia in 1992, significantly expanded the list of acts that could lead to the death penalty. Pardon is the prerogative of the President of Mongolia and is replaced by imprisonment for a term of 30 years. Mongolia amended its Criminal Law in 2015 to abolish the death penalty. This change is in line with global trends. At the same time, it is envisaged to replace it with life imprisonment. In the legal literature, there are different opinions about the essence of life imprisonment, the fundamental differences between deprivation of liberty and imprisonment.

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Criminal policy, criminal law, criminal, crime, punishment, death penalty, life imprisonment, imprisonment

Короткий адрес: https://sciup.org/148325485

IDR: 148325485   |   DOI: 10.18101/2658-4409-2022-4-24-28

Список литературы Tradition of the death penalty in criminal law Mongolia and the current legal regulation

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  • Beccaria C. On Crimes and Punishments / translated by David Young. Indianapolis: Hackett Publishing Company, 1986. 29 р.
  • Yoshikawa N. General Discussion on Correcting Criminal Law. Moscow: Legal Culture Society, 1974. 296 р.
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