Accused Accused has right to :
Fair trial
Against torture
Against the preventive detention
Get right relating to criminal justice
Get legal counseling and legal Aid *
Criminal justice system of Nepal Joint Attorney Yub Raj Subedi Joint Attorney Soorya Prasad Pokharel *
Limitation of the paper Development of Nepalese legal system
Component of criminal justice system
Conviction status of Nepal
Criminal justice system reform through three Bills
Constraint to the strong prosecution system *
Development of Nepalese legal system Legal system has developed in two fold basis
The stage of uncodified law (prior to 1853 A.D.)
Law influenced from Hindu philosophy and indigenous customary law
The stage of codified law (after the 1853 A.D. )
Start from the promulgation of Muluki Ain 1853 A.D.
Made from Rana Prime Minister Junga bahadur form the inspiration of French Napoleon code *
Components of criminal justice system Criminal law and penal policy
Police and Public Prosecutor
Offenders and defense counsel
Court
Victims
Civil society *
Penal provision Life imprisonment with entire property
Life imprisonment
Imprisonment with fine
Imprisonment
Provide claimed amount to the victim
Provide reasonable compensation to the victim *
Role of police in criminal justice Registration of crime information
Arrive at crime scene as soon as possible
Examining the corps and send for autopsy
Record the statement of eye witness
Search and seizure at any suspected place or person
Arrest the suspect and keep in detention
Take permission of the court to detain more than twenty four hour to the suspect.
Collect the material evidences
Take the statement of accused in the presence of prosecutor
Release the suspect in guarantee of attendance *
Send blood, semen or any organ of body or any other thing of suspects to examine in laboratory
May ask and take consultation to the Prosecutor at any time during the investigation
Produce case file to the prosecutor along with his opinion report
Submit anything, the goods or document of evidential value that are received after the filing a case, through the prosecutor
Produces the prosecution witness in Court through the Prosecutor
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Role of Government Attorney in criminal justice Role in three stage
Pre trial stage
Trial stage
Post trial stage *
Pre trial stage Provide direction and advice to the police
Interrogate the accused and present at the time of taking statement of accused
Provide permission to the police to release the person in guarantee or attendance
Decide whether institute a case or not
Frame charge sheet and file it in the Court *
Trial stage Produce offender, material evidence and file along with the charge sheet in court
Produce the offender and any material evidence that are arrested or collected after the filing a case
Produce witness in the court and examine them and cross the defender witness
Plead in different stage of hearing before the court. *
Post trial stage File an appeal in superior court *
Organization of prosecutors office Attorney General office in Kathmandu headed by the Attorney General
Sixteen Appellate Attorney Office are located in the place of Appeal Court headed by the Joint Attorney
Seventy-five District Attorney office are located in district head quarter of each district headed by the District Attorney *
Police and Prosecutor relation to combat impunity
Role and mandates are separated.
Police considers interference in their domain if any direction is given by Prosecutor.
Generally, prosecutor blame to the weak investigation for the failure of cases.
Provision of Central Level Coordination Committee
Attorney General
Home Secretary
Law and Justice Secretary
Inspector General of Police
Attorney General issued thirty three points guideline to the police and prosecutors : to maintain the coordination and develop conducive relation. *
Accused Accused has right to :
Fair trial
Against torture
Against the preventive detention
Get right relating to criminal justice
Get legal counseling and legal Aid *
Victim Victim has a right to :
Get compensation
Rehabilitation
Get access of the proceeding of a case *
Court Structure Three tier
Supreme Court
Appeal Court
District Court
Criminal and civil cases are heard by the same court,
The court of first instance : District Court
Case heard by single Judge
The court play a role like as an umpire *
Civil Society Civil Society must cooperate to the:
Investigating officer (police) in the investigation
Prosecutor for prosecution
Court in adjudication process *
PROGRESS REPORT OF PROSECUTION (Based on annual report of AG Office fiscal year 2009/2010) Case registration entity Total cases Settled cases Convicted cases No conviction Cases Percent of conviction Number of remaining cases District
Court 12,411 6,255 4,454 1,801 71.21% 6,156
District Administration Office 8,585
4,080 3,939 141 96.54% 4,505 Other entity
482 211 201 10 95.26% 271 Total 21,478 10,546 8,594 1,952 81.49% 10,932 *
Proposed Reform in Criminal Justice Reform through Constitution
Guarantee of fundamental rights, right to life liberty, right against torture, right against preventive detention and right relating to justice etc.
Concept paper of fundamental right committee of constituent assembly recognized the victim right for new constitution.
Reform through three Bills
Criminal Code Bill,2011
Criminal Procedural Code Bill, 2011
Criminal Offences (Assessment and Execution of Punishment) Bill,2011 *
Criminal Code Bill 2011 Define different types of crimes in single code
Define punishment in single code
Separate provisions of conspiracy, accomplice and attempt of the offence
Remove the punishment of entire property
Additional punishment for atrocious an habitual criminal
Extent life imprisonment to Thirty years
Revised the amount of fine
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