Development, circumstances and tendency of

criminology in Mongolia   

26.Sept.2013

S.Jantsan-Head of the police study division of the science and technology department, University of the Law Enforcement, leading

research worker, Sc. D of legal science, police colonel

Historical background of system of fighting against crime in Mongolia

• The Academy of Science was established in 1961 in Mongolia. Development of legal science is considered to be one of the latest among other social sciences.

• It has been passed 80 years since establishment of Central school of the Ministry of Internal Affairs/renamed as University of Law Enforcement / which provided of pre-university level military and legal education. We are proud of our graduates who lately became state honored lawyers, scientists,diplomats, generals- the highest ranked officers of our state. The pioneer science doctors in legal science general –major R.Gunsen, colonel J.Avkhia are the graduates of the Central school.

• The creation of Law Enforcement University which has long history from the Central School of Ministry of Internal Affairs made significant contribution to the Development of Law Science.

• The first juridical class of National University of Mongolia was started its academic year in 1960. It was intellectual background for further training and research in the field of Law Science.

• Since 1992, the juridical branch of National University of Mongolia, Institute of State and Law of Scientific Academy, Juridical college were functioning as a one education body for legal training and research. Later according to Government resolution in 1994, National University of Mongolia and Science Academic Research Institute become Juridical School of National University of Mongolia.

• Absolute majority of Scientific and Philosophy Doctors in Law had graduated this school.

• Lecturers and researchers of Law school are implementing the projects in the different fields of Law and writing vast of Law books and monographs, which are making telling contribution to the Law Science.

• The actual problems of Criminal Law which has responsibility to protect human and community interests from offences and antisocial actions are examined more, otherwise to develop as a top priority. Since 1960, many best scientists and researchers are working in this field but many other consequential problems need research studies.

1.This is worth mentioning that combating crime is crucial for any countries state’s internal responsibility thus, the Mongolian state had accepted its duties to fight against crime and included its’ the decisions to the official legal documents. For instance, in the 9th provision of the Mongolian People’s Revolutionary Party’s Declaration which was published in March,1921 stated that ‘’ to use torture for cultivating and rehabilitating an offender…‘’ and in the Court Ministry report, was delivered in the3rd Great Khural of Mongolian People’s Revolutionary Party, noticed that ’’ this is impossible all offenders who committed an offence to named guilty for their lifetime. The reason is that most ordinary guilty people commit a crime due to the scarcity of means and exploitation / cause and circumstance are particularly emphasized by S.Juntsan/ thus, those guilty people are needed to be compassionated and shown sympathy are crucial…, ‘’. According to the report, re-education and rehabilitation were emphasized rather than any crime or punishment. These issues of how combating crime and succeeding in achievement have been complicated tasks to humanity.

• History seems to indicate that development of criminology relatively depends on the essentiality, a background and impact attitudes / negative factors / of any social regime, and its monopolized determinations. In our country, for example, for many decades constricted and abstract theoretical attitudes which ‘social and economics criminology background disappeared’ were predominated. Moreover, there was a biased attitude that ‘as socialism develops an impermanent phenomenon of crime itself disappears’. Therefore, in the previous, socialist period the Mongolian state paid less effort to criminology.

• One-party monopolized, short-run, blind policies were embedded in legal politics. For instance, in the report that was given by the leader of MPRP,Yu.Tsedenbal, in the legal officials seminar, claimed that ’’ By way of increasing socialist consciousness, social and culture status of labors, the social cause of crime has been abolished . Also, people commit a crime as a result old traditions and customs such as theft that unfair work to earn money and an incivility manner that break the order of community. Can all these causes of crime be eliminated or not? Admittedly, we can eliminate the possibilities of criminology by decreasing the causes of crime. According to his report, cause of crime nearly considered as ‘’unfair work’ and ‘incivility manner’ which were concerned to only an individual behavior which was described as the only negative factors to the criminology background that was abstraction and utopianism. Consequences of the state leader of MPRP’s utopian mottos of ‘abolishing crimes’ that made the criminology ignored and simplified its importance to the legal science thus, the scientific legal studies seemed to influenced and predominated by his politics.

• At that time, when there was a doctrine that cause of criminology was mostly considered as remainders of previous community, and as the negative impact of capitalist countries where human consciousness was underdeveloped rather than life subsistence. Therefore, real situations of criminology was ignored and could not considered properly such as conducting any theoretical researches to eliminate it.

• However, many laws, regulations were introduced to fight against crimes such as assault, theft, and alcoholism, those acts could not succeeded in result, due to the poor objective conditions. ‘’Eliminating theft’’ campaign is one of the vivid example of abstract mottos.

“Scientific researching institute of criminology” within the Prosecutor’s office was established by the resolution №96 of Political Bureau of Central Committee MPRP in 1972, which was the one of examples that showed Mongolia had conducted fighting the crimes scientifically on researching results and recommendation, which done by scientists and researchers at the time of that period,increasing number of crimes and law breaks, causing harms to society and citizens. It was very important event for the scientific criminology development. By the resolution №24 from Political Bureau of Central Committee MPRP “Some improving measures on fighting crimes and preventing them” that institute had united the scientific researching work of criminology. It was defined researching work field.

• The institute was aiming to three following directions which contained 12-15 sub directions to put into practice the government fighting crime policy, to develop the scientific basis and theoretic thoughts of criminology, to improve the practical results:

• a/ Learning the theoretical and methodological aspects of fighting the crimes.

• b/ Learning the reasons and conditions of certain types of crime.

• c/ improving prosecutor’s review, previous investigation. • The institute had been published “Prosecutor’s review”,

“Criminal law of PRM” (general and specific codes) as the educational textbooks, 50 scientific recommendations and reports, about 80 articles. Until 1983, when it had been resigned. The institute from 1974 till 1983 had been published such co-works. Like 11 serial scientific journals “issue of fighting the crimes”, “Some ways on Prosecutor’s review”, “Investigateon methodology of certain types of crimes”, ”Methodical recommendation of preventing the crimes and law breaks”

• Scientific conferences and theoretical practicing workshops were organized 6 times on themes regarding to fighting the crimes in our country, there were valuable suggestions and recommendations. Scientific researchers such as professor G.Sovd. Sc. D R.Gunsen, Sc. D B.Sodovsuren and J.Avhia, S.Burragchaa, N.Jantsan, who had worked rectors of the institute, especially other scientific researchers N.Renchindorj, B.Erdenebileg, K.Tajebaked, D.Sevjiddorj, S.Naranbileg, N.Tuya, Ts.Bujinlkham are all the honest founders of modern criminology, as the science in Mongolia by their hard working.

• Lawyer L.Hurlee by his scientific work “Labour community activities to prevent the crime” in 1976, the institute’s scientific researchers N.Jantsan by the work “Modern issue of fighting the crime, committing by minors” in 1981, K.Tajebaked by the work “Some ways to prevent domestic animals theft and its reason and condition” in 1982, B.Boldbaatar by his work. Some ways to prevent the theft, committing by minors” in 2004, N.Baatarjav by his work “Reason study of a crime and its criminological issues” in 1985 in Russia Obtained Ph. Doctor degree and professor Ph. D J.Boldbaatar obtained successfully science Doctor degree by his scientific work ”Theoretical and methodological problems of using polygraph in revealing crimes” in 2013.

• Professor Jantsan.N authored the books named "Let`s Prevent Minors from Crimes" and "Role of Parents inPrevention of Minors from Crimes" in 1978, the book named "Reasons and Conditions of the Crimes Committed by Minors and Preventive Measures" in 1984, the book named "Theoretical and Practical Issues to Combat and Prevent Crimes" in 1987, the book named "Criminology" in 1999 and the textbook "Criminology" in 2003, respectively.

• Tajebaked.K authored the book named "Reasons and Circumstances of the Crime to Embezzle Agricultural Livestock and Preventive Measures", Sevjiddorj.D wrote the book named "Crime against Socialist Property in the Trade Organization and Ways to Combat" and the Renchin.L authored the book "Alcoholism and Crime". Khurlee.L authored the book named "Role of the Collective to Prevent from Crimes" in 1978, Bujinlkhan.Ts and Naranbulag.S authored the book "Works to Prevent from Crimes and Prosecutor Organization" in 1986, and Jantsan.N, Narangerel.S, Baatarjav.N and Tajebaked.K wrote the "Textbook of Criminology" in 1986. Besides, Jantsan.A wrote the book "Criminology" in 1995, Batzorig.B authored the book named "Methods to Study Reasons and Circumstances of Crimes" in 1999, Batjav.L wrote the book named "Crimes, its Reasons and Preventive Issues" in 2001, Jantsan.N authored the book "Criminology" in 2004, and Tselmeg wrote the textbook "Criminology" in 2005, respectively. Many people have defended the master degree in criminology and they are a great intellectual source to develop this sector.

• An independent scientific organization was established under the name "Institute to Study Reasons and Circumstances of Crimes and Develop Preventive Measures" under the State General Prosecutor`s Office on March 1, 1973. The organization studied the crimes which are committed commonly, are socially harmful and against human body, health, socialist property, social order and security, developed methods on how should the governmental organizations, citizens and legislative institutions combat and prevent the crimes, and included these methods in the state criminal policy. However, within the scope of study of the crimes` reasons, the Institute researchers used to deliver research reports (in the form of results) on the unemployment, poverty, alcoholism etc., social inverses, which were existed in the socialist society, and used to suggest methods to improve the society to the top government institutions. It is said that the government authorities lost interest on the reports gradually. Then the Institute was dissolved in 1983 on the verge of its 10th anniversary.

As a result of disincorporation of the institute, it was refused to implement the combat against these social inverses relying on the research based on the sciences. An independent law on prevention of crimes was approved in 1997. It became an important event because the law provided an opportunity to establish an Institute to Study Reasons and Circumstances of Crimes under the Ministry of Justice. Notwithstanding, this Institute was set up in 2002 or after five years at the Police Academy and a colonel, majored in traffic engineering, was appointed as the institute director. Unfortunately, the institute did not conduct any activity and stopped working before compounding its structure. The position of inspector in charge of the criminological survey was newly added in the General Police Department. The criminological research center and department was established in 2011 at the Information and Research Center.

• Advanced training center of lawyers was extended as the National Justice Center and was structurally included in the criminological research sector in 2004, in the criminal law and criminological sector of the National Justice Institute in 2009, and in the public legal research team in 2012.

• The Scientific and Technological Department was established in the university structure approved under the order B/20 issued in 2012 by the Minister of Justice. Under this department, police, border and court awards implementing organizations, and scientific and research centers of courts have been conducting scientific and research works and determining perspectives, policies and guidelines. A catastrophe risk and an innovation center have been planned to be incorporated under the department.

• A Criminological Research Center was established in 2008 within the structure of the Academy of Police and a Police Studies Center with five staff was set up in 2012 at the Scientific and Technological Department of the Law Enforcement University to develop policies on combating crimes.

Two. Current Situation of Criminological researches by Law Enforcement

University

• Police Research Centerwhich belongs to the Department of Science and Technology of Law Enforcement University was firstly founded on August, 2011 under the administration of University of Internal Affairs.

• The Police Research Center is including following researches: • Study of the Governmental policies for anti-crime• Causes and conditions’ study of criminality• Study for personality and individuality of a criminal • Research for prevention of criminality• Research for protection of public order• Studies for history, management, education, human resource,

technique and special tools of the Police• Study for Police-Public relations, under the order of the police

organizations and other governmental organizations.

Brief introduction of researches made by the above-mentioned PRC since it was founded:

• According with the task of the Ministry of Justice, the Center has been handled a research report to the Ministry of Justice, making researches with the themes of “Cooperation and connection between the Prosecutor, the Customs, the Police and Intelligence organizations on the stage of protection of eyewitnesses and victims” and “Publicity in activities of Law enforcement organization”, after verified by a principal of Law Enforcement University.

• We have received over 42 research works by order from National Police Agency of Mongolia, since 2012

• Legal environment, labour condition and further measures for inspectors of khoroo, district which are working at every khoroo;

• Utilization and supply of special technical tools, equipment and computers which are being used by policemen in daily activities, and further measures for it;

• We included a research work with a name “Current situation of Mobile patrolling activity, and methods to improve the Mobile patrol” into the theme “Police ethics, activity environment and its reconstruction” under the jointed guidance of National Police Agency and Law Enforcement University, and handled to the National Police Agency. These research works were evaluated as the first complex research work which is depended to activity of Police organizations, by scholars of this sector.

International scientific meetings:

Police Research Center organized successfully international scientific meeting with a theme “Urgent issues to combat with the transnational organized crime” on June 13, 2012 in a hall of the Ministry of Foreign Affairs of Mongolia and international scientific meeting with a theme “Implementation and tendency of State Policy to fight criminality” on May 23, 2013 in the State Palace, respectively, participated lot of representatives foreign and domestic governmental organizations andcivilian society. In result of these meetings, there were published meeting book and guidance.

• Conducted baseline study "Implementing and trend of public policy to combat crime," and according to it made applied research "Common types, causes, conditions crimes of theft of personal property of citizens who are committed in Mongolia,""Criminal justice the perpetrators of crimes related to illicit trafficking in narcotic drugs and psychotropic substances ", released reports and published in the book of abstracts of the international research conference" Implementation and the tendency of public policy to combat crime.

• Analysis done in the "Statistical Data crimes and offenses recorded in 2011 in the country and its performance", which let out of the General Police Department,, prepare proposals and recommendations sent to the General Police Department, received answers to them, and is currently cooperating with the General Police Department, in order to improve them.Senior Researcher, police captain B.Munkhdorj with advocacy center has produced a brochure "The circumstances of crimes and administrative violations in 2011 in Mongolia, helpful suggestions."

Three. The trend of criminological research that will realize the Law

Enforcement University

• Approved by the numerous laws, to some extent, regulate the fight against crimes and violations, but are not seen significant results

•  • The process of improving the legal

framework is roughly, without relying on public policy and the results of evidence-based research.

• Our police research center is exploring ways to improve police operations to combat new forms of transnational crimes prevalent in society that require special techniques and power and as a means to combat terrorism, human trafficking, organized by the bank and financial fraud, wash laundering, trafficking in firearms, explosives, poisonous and hazardous substances, offenses related to drug trafficking, cyber crimes that infringe on the security of the information.

Some policies which are realizing by the Government of Mongolia:

• At range of legal reform of Mongolia, the current Government has subjected that “To centralize research and studying works at universities and institutes under the financing by Fund for Support Science and Technology Science” in the Chapter 5 of Activity program of the Government of Mongolia in 2012~2016, as well as the planned and ordered research works are being centrally made at Law Enforcement University.

• In order to associate Law Enforcement University with the Legal reform, we are pleased to announce that we are working with an objective to become Laboratory& Research University which suited for the world standard, realizing research works, projects and programs by the order international and domestic organizations, not only far as belong organizations.

• In order to realize the above-mentioned objectives, we are considering that a National Institute of Criminology Research should be built, which will be included Police Research Center belongs to the Department of Science and Technology, Law Enforcement University, National Institute of Forensic Science and Research Center of Judicial Correction Service, based on the needs to found a larger scientific organization which can determine the development, policies and strategy in large scale.

• We are hoping that we will work together with Criminology Institute of Korea, to exchange mutual experiences and to implement jointed projects, when building of Criminology Institute.

Thank you for Attention