ASSESSMENT AND COMPENSATION OF HEALTH, LIFE AND EMOTIONAL DAMAGES RESULTING FROM CRIMINAL ACTS IN MONGOLIA
Abstract
This study explores the existing legal framework for assessing compensation for human life, health, and emotional harm, highlighting key obstacles and proposing recommendations for enhancing compliance with global norms.
Changes in the political, socio-economic, and economic aspects of any country are ultimately reflected in laws and other legal acts. Law serves as the driving force of society. However, the control and management of this driving force depend on the individual, who is an integral part of society. Therefore, the essence of a state governed by the rule of law largely hinges on the guarantee and protection of human rights and freedoms.
According to international norms, Article 2.27 of the Universal Declaration of Human Rights stipulates that “Everyone has the right to compensation for material and psychological damage.” Similarly, Article 16, Part 1 of the Mongolian Constitution asserts that “everyone has the right to life,” and Article 14 grants individuals the right to seek protection of their rights through the court system if they believe their rights have been violated. Personal life, health, honor, and reputation are recognized and safeguarded as fundamental human rights and freedoms.
Therefore, it is essential to comprehensively address non-economic harm to human life, health, and mental well-being, as well as issues such as defamation and slander, and the legal mechanisms for their resolution and compensation.
References
Criminal Law of 2015 The primary criminal code of Mongolia enacted in 2015, establishing the foundation of criminal justice in the country.
Revised Criminal Law of 2017 A comprehensive revision and updated version of Mongolia's criminal legislation, reflecting modern approaches to criminal justice and enforcement.
Law on Criminal Procedure The procedural framework governing the investigation, prosecution, and adjudication of criminal cases in Mongolia's legal system.
Law on Misdemeanors Legislation addressing minor offenses and violations that do not rise to the level of criminal conduct but require legal regulation.
White Paper on Crime in Mongolia 2021 An official comprehensive report documenting crime statistics, trends, and analysis for Mongolia in 2021.
White Paper on Crime in Mongolia 2020 The annual crime report presenting statistical data and analytical overview of criminal activities in Mongolia during 2020.
Current State of Criminal Statistics Activities in Mongolia 2017 A research publication examining the methodologies, systems, and practices of criminal data collection and analysis in Mongolia.
Issues of Improving Criminal Statistics in Mongolia 2017 A scholarly work addressing challenges and proposing enhancements to Mongolia's criminal statistical systems and reporting mechanisms.
Law on Assets of Mongolia 2010 Legislation governing property rights, asset management, and related legal frameworks in the Mongolian context.
Criminal Victimology (2005) Author: Ch. Nyamsuren A seminal academic work exploring the study of crime victims, their relationships with offenders, and the role of victims in the criminal justice system of Mongolia.
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