Regarding criminal case accusing ex-president N.Enkhbayar
The General Police Office issued an explanation on ex-president N.Enkhbayar’s case.
The Investigation Division of the Anti-Corruption Agency has been conducting criminal investigation against ex-president Enkhbayar.N on the basis of committed below mentioned crimes prescribed in Criminal code of Mongolia, and pursuant to the provisions and procedures prescribed in Criminal Procedure Code, he has been charged.
1. In year 2000, the accused embezzled television equipments valued 113.453.21 USD (approximately 119.534.302 MNT) which were donated by foreign spiritual organization, to Gandantegchilen Monastery.
This act is a crime prescribed in paragraph 3, article 150 of the Criminal Code.
2. In year 2007, by abusing his official position, the accused in conspiracy with others transported 3033 kilogram of luggage by cargo airplane from Republic of Korea to Mongolia without payment which caused loss to Mongolian Civil Aviation Company as of 30.454.240 MNT. This act is a crime prescribed in paragraph 2, article 263 of the Criminal Code.
3. In year 2007, by abusing his official position, the accused in conspiracy with others embezzled capital city property and it caused extremely huge amount of loss to Metropolitan government. This act is a crime prescribed in paragraph 2, article 263 and paragraph 3, article 150 of the Criminal Code.
4. In year 2008, by abusing his official position, the accused in conspiracy with others unlawfully purchased capital city property and it caused extremely huge amount of loss. This actis a crime prescribed in paragraph 2, article 263 and paragraph 3, article 150 of the Criminal Code.
5. By abusing his official position, the accused gave opportunity to others to misappropriate 3.377.580 USD (approximately 3.930.308.099 MNT), and embezzled state property in an extremely huge amount. This act is a crime prescribed in paragraph 2, article 263 and paragraph 3, article 150 of the Criminal Code.
On 26.Apr.2012 Enkhbayar.N was considered as an accused by the Investigation Division of the Anti-Corruption Agency on the basis of evidences collected and the case was submitted to the Prosecutor’s Office of Ulaanbaatar city on 07.May.2012 for his further indictment.
Law statutes covering the crimes accusing Enkhbayar.N are the below mentioned articles of the Criminal Code of Mongolia:
Article 19 of the Criminal code: Committing two or more crimes specified in several articles of the Penal Code when the person concerned has not been sentenced for any of them;
Paragraph 3, Article 35 of the Criminal code: Organized or managed the accomplishment of the crime;
Paragraph 3, Article 150 of the Criminal Code: Embezzlement of others’ property in an extremely large mount;
Article 263 of the Criminal Code: Abuse of power or of office by a state official”.
It was showed by collected evidences that the accused had committed crimes prescribed in those articles.
Therefore in accordance with provisions and procedure prescribed in an article 196 of the Criminal Procedure Code of Mongolia, he is being investigated as accused.
In accordance with relevant legislations, the Anti-Corruption Agency summoned the suspect Enkhbayar.N a total of 10 times in order to take statements from him, but he failed to appear on the given dates without a justifiable reason.
Therefore on 12.Apr.2012 “official letter on execution of the warrant to bring the suspect compulsory within the duty assigned by law” along with “investigator’s warrant to bring compulsory the suspect to the designated place” and “court order to detain the suspect” were forwarded to the police authority by the Anti-Corruption Agency.
The Police worked in compliance with related provisions and rules prescribed in legislations while executed criminal procedural specific actions such as the search of the suspect’s properties and bringing him compulsory in accordance with the paragraph 5, article 74 of the Criminal Procedure Law of Mongolia, investigator’s warrant and court order.
Due to the accused Enkhbayar.N’s health condition, recently he had been transferred from the detention facility No 461 to the clinical hospital No 2 and is being treated in accordance with the rule on “medical treatment/support to inmates, nursing him/her in medical organizations, nursing inmate by bringing medical services to detention facilities”. Therefore pursuant to the above mentioned rule, the police authority are in charge of guarding the inmate.
The Investigation Division of the Anti-Corruption Agency has been conducting criminal investigation against ex-president Enkhbayar.N on the basis of committed below mentioned crimes prescribed in Criminal code of Mongolia, and pursuant to the provisions and procedures prescribed in Criminal Procedure Code, he has been charged.
1. In year 2000, the accused embezzled television equipments valued 113.453.21 USD (approximately 119.534.302 MNT) which were donated by foreign spiritual organization, to Gandantegchilen Monastery.
This act is a crime prescribed in paragraph 3, article 150 of the Criminal Code.
2. In year 2007, by abusing his official position, the accused in conspiracy with others transported 3033 kilogram of luggage by cargo airplane from Republic of Korea to Mongolia without payment which caused loss to Mongolian Civil Aviation Company as of 30.454.240 MNT. This act is a crime prescribed in paragraph 2, article 263 of the Criminal Code.
3. In year 2007, by abusing his official position, the accused in conspiracy with others embezzled capital city property and it caused extremely huge amount of loss to Metropolitan government. This act is a crime prescribed in paragraph 2, article 263 and paragraph 3, article 150 of the Criminal Code.
4. In year 2008, by abusing his official position, the accused in conspiracy with others unlawfully purchased capital city property and it caused extremely huge amount of loss. This actis a crime prescribed in paragraph 2, article 263 and paragraph 3, article 150 of the Criminal Code.
5. By abusing his official position, the accused gave opportunity to others to misappropriate 3.377.580 USD (approximately 3.930.308.099 MNT), and embezzled state property in an extremely huge amount. This act is a crime prescribed in paragraph 2, article 263 and paragraph 3, article 150 of the Criminal Code.
On 26.Apr.2012 Enkhbayar.N was considered as an accused by the Investigation Division of the Anti-Corruption Agency on the basis of evidences collected and the case was submitted to the Prosecutor’s Office of Ulaanbaatar city on 07.May.2012 for his further indictment.
Law statutes covering the crimes accusing Enkhbayar.N are the below mentioned articles of the Criminal Code of Mongolia:
Article 19 of the Criminal code: Committing two or more crimes specified in several articles of the Penal Code when the person concerned has not been sentenced for any of them;
Paragraph 3, Article 35 of the Criminal code: Organized or managed the accomplishment of the crime;
Paragraph 3, Article 150 of the Criminal Code: Embezzlement of others’ property in an extremely large mount;
Article 263 of the Criminal Code: Abuse of power or of office by a state official”.
It was showed by collected evidences that the accused had committed crimes prescribed in those articles.
Therefore in accordance with provisions and procedure prescribed in an article 196 of the Criminal Procedure Code of Mongolia, he is being investigated as accused.
In accordance with relevant legislations, the Anti-Corruption Agency summoned the suspect Enkhbayar.N a total of 10 times in order to take statements from him, but he failed to appear on the given dates without a justifiable reason.
Therefore on 12.Apr.2012 “official letter on execution of the warrant to bring the suspect compulsory within the duty assigned by law” along with “investigator’s warrant to bring compulsory the suspect to the designated place” and “court order to detain the suspect” were forwarded to the police authority by the Anti-Corruption Agency.
The Police worked in compliance with related provisions and rules prescribed in legislations while executed criminal procedural specific actions such as the search of the suspect’s properties and bringing him compulsory in accordance with the paragraph 5, article 74 of the Criminal Procedure Law of Mongolia, investigator’s warrant and court order.
Due to the accused Enkhbayar.N’s health condition, recently he had been transferred from the detention facility No 461 to the clinical hospital No 2 and is being treated in accordance with the rule on “medical treatment/support to inmates, nursing him/her in medical organizations, nursing inmate by bringing medical services to detention facilities”. Therefore pursuant to the above mentioned rule, the police authority are in charge of guarding the inmate.
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