On July 6, 2022, the Supreme Court reached a decision in the trial of an alleged criminal case. The Court considered the situation in which a motor vehicle driver caused a road traffic accident and crashed into 12 other cars, resulting in a total of over 100 million MNT monetary damages and causing minor injuries to the health of 2 people. The court ruled this situation will not be considered a criminal case.
The prosecutor filed an indictment against the driver defendant alleging the crime of “Infliction of very serious damage to human health by the driver of motor vehicle through violating traffic safety legislation and administrative norms”, in Article 27.10, Clause 2.4 of the Special Section of the Criminal Law. In other words, the prosecutor considered citizen G’s act to be a crime against traffic safety and submitted the indictment to the first instance court.
The court initially dismissed the case on the grounds of that “no crime” had been committed and acquitted the defendant.
However, the appellate court condemned the lower court’s decision and considered that the case should be reconsidered by the first instance court.
The driver defendant’s lawyer appealed to the Supreme Court which upon review of the case, concluded that the decision of the first instance court was legal and correct., because the damage in this case was primarily only property damage to other motor vehicles.