S.Narangerel,
Director of the Justice Institute at the National University of Mongolia,
answers questions on judicial reforms.

Have you seen the President’s draft on
Crime Law?

No. I have heard
that he calls for heavier punishment for those guilty of corruption.

Is this to counter criticism that last
year’s Amnesty Law helped several state officials accused of corruption?

This is
likely. The Law Advisor to the President asked me to comment on the draft. It
is true that the Crime Law adopted in 2002 is inadequate and treats corruption
somewhat lightly. To be honest, that law needs extensive changes. But I have some
reservations on the President’s draft also and have sent them to the advisor. The
punishment should suit the case. A first-time offender should not be sent to
jail.

You helped MP Sh.Saikhansambuu draft
amendments to the Crime Law. What do these say?

Our main
concern was that the present law has turned Mongolian society into a prison and
is in some ways tougher than laws in the repressive period. This merely helps
corruption to grow in the judicial organizations.

What do you think of the President’s
opposition to the death penalty?

I’m not with the
President on this. The death penalty always helps in prevention of crimes of
the worst magnitude. The culture of our society cannot be overlooked when we
study developments elsewhere.

What do you think of the President’s
proposal to make some officials such as the Prosecutor General, the Head of the
Supreme Court, and the Chief of the Agency Against Corruption appointed for a
fixed term?

The law already
gives them a fixed term but monitoring organizations must have the right to
replace them on exceptional grounds.