Criminal Defense Lawyers in Nepal
Court Process of Criminal Cases in Nepal
Criminal procedure is the adjudication process in criminal charges. In Nepal Criminal process for criminal cases is governed by Muluki Criminal Code 2074 and Criminal Procedures, 2074 (2017), Evidence Act 2031 and other specific laws of Nepal.
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Court process in criminal cases are divided into:
- Pre-trial process
- Trial-process
- Post-trial process
Pre-Trial Process of criminal cases in Nepal
Pre-trial process is the more crucial phase in criminal charge for accused or suspects. In this phase first information is provided for the crime and crime spot. Police or law enforcement institution and authority reach to the crime spot and starts the crime scene investigation collects the physical evidences from the crime spot, victim is sent for medical treatment as such and police keeps the record of all the evidences along with the eye witness in the crime spot. Accused or suspects is searched and arrest warrent is issued and accused is arrested, whereas victim is sent for treatment or dead body is sent to hospital for autopsy, if the accused/suspect is arrested he/she is presented to the court and remand hearing can be done. Suspect statements in presence of government attorney is recorded and authorized by government attorney.
After all the evidence collection and tenure of police custody is finished than file from the police is handover to government attorney and government attorney prepares the charge-sheet against the suspect and register the criminal charge sheet in the district court of the jurisdiction.
Trial Process : Court Process of Criminal Cases in Nepal
In this phase case, charge-sheet by government is registered in the district court, court statment of accused/suspect shall be taken in front of the Judge in the bench.
In the Bail hearing, government attorney and suspect defense lawyer put their for and against arguments infront of Judge and Honorable Judge shall provide the judgement for suspect whether to detained in the prison or leave suspects in the simple date of courts or levy a bail amount for continuing the case further on the basis of collected evidences and facts.
If the suspects is not released in Bail amount and detained in the prison form the district court’s judge verdict, suspect shall have right to appeal in the high court against the bail verdict of district court judge for releasing him on bail or simple date of court.
Witness examination, evidences extraction and expert opinion, victim court statment and other order for evidences shall be collected during this phase.
Final verdict or judgement in the criminal case for conviction or acquittal of suspects is declared by the court.
Post-Trial Court Process in Criminal Cases in Nepal
In this phase punishment or sentence application on behalf of suspect is submitted where suspect if convicted is plea for lesser punishment.
Sentence hearing date shall be given and final punishment is declared after defense attorney argue for lesser punishment on behalf of the suspect.
Sentence Judgement is declared by the court.
District court execute the judgement.
Appeal Phase
In case parties to crime are not satisfied with the decision of District Court they can file appeal to High Court within the given time-limitation according to the nature of case. .
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