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DIE STRAFRECHTSREFORMEN IN DER MONGOLEI (Auf Beispiele der Sanktionen)
ERDEM-UNDRAKH Khurelbaatar 국민대학교 법학연구소 2020 법학논총 Vol.33 No.1
This scientific article deals with criminal law reforms in Mongolia from 1992 to 2020. During this period, legal reform was generally carried out in three steps in all areas of society: The first step in reform took place in 1993 after the democratic constitution of 1992 was enacted. The main issue was the abolition or deletion of the old socialist regulations from the laws and the rough adaptation of the laws to the principles of the new constitution through amending laws. This phase is more to be called a provisional interim solution. The second step in 2002 was about the actual complete reform of all major areas of law in Mongolian society. In addition to the Criminal Law and the Code of Criminal Procedure, other important laws such as the Civil Code, the Code of Civil Procedure, the Law on Enforcement of Courts66), the Law on the Constitution of Courts67), the Public Prosecutor"s Act68), the Lawyers" Act69) etc. have been completely renewed and adapted to the Constitution in more detail. Ultimately, reforms have again been carried out in the area of Criminal Law and the Code of Criminal Procedure in Mongolia since 2015. The latest Criminal Law has fundamentally changed penalties and punitive measures and is trying to introduce restorative justice elements. In order to be able to develop a culturally adapted and future-oriented concept for criminal law in Mongolia, it is essential to take all of these features into account. For this reason, the historical development of criminal law, which has been shaped by the special history of Mongolia, is included in this study. In this way, it is examined in its historical context, which way Mongolian legislation and science have developed on criminal law, how the related questions have changed over time, and what influence they have on the current state of the development of criminal law and the criminal sanctions system. Therefore, the most important changes and developments are analyzed and discussed. Finally, a short conclusion is draw.
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