Procedure of Criminal Cases in Nepal; Criminal Lawyers in Nepal
This article highlights the general criminal cases proceedings applied in Nepalese Legal System.
1. Some Governing laws which deal with criminal cases in Nepal
- Governing laws include;
- The National Criminal Code, 2074
- The National Criminal Procedure (Code) Act, 2074
- The Criminal Offence (Sentencing and Execution) Act, 2074
- Human Trafficking (Prevention)Act 2064
- Narcotic Drug Control Act 2033
- Prevention of corruption Control Act
- Electronic transaction Act 2063
- Other Specific Act for specific criminal offences.
1.1. Governing Authority of criminal cases in Nepal
- The Concerned Police Office
- Three different tiers of Court; the District Court, the High Court and the Supreme Court
Note: Different proceedings are applied and authority are enrolled for different nature of crime as per the specific law.
2. Some Categories of Criminal Offences along with their governing authority
- Although there are several forms and nature of criminal offences in Nepal as mentioned in the Criminal Code, and the categories of specific offences as per the law of nature, some of the offences are mentioned below;
a. Criminal Offence against Person
- Bodily harm, physical and mental torture, action against the will of person
- Serious crimes such as homicide, rape, assault, kidnapping, domestic violence etc.
- Investigation done by Police and if proved then the case is forwarded to the District Court. District Court hears and decides these cases.
- In case of Domestic Violence cases, Woman Cell is the first authority then, if not solved Police investigates further and case is presented to the District Court or individual files case directly to the District Court.
b. Organized Criminal Offence
- Offences committed by creating criminal gang of people, well trained and expert criminal.
- Human trafficking, drug smuggling, terrorism etc.
- Human Trafficking–
- National Human Rights Commission (NHRC) Monitors and investigates the case
- Ministry of Women, Children and Social Welfare
- NGOs- Maiti Nepal and Shakti Samuha
- Drug smuggling, drug trafficking cases are investigated by the Narcotics Control Bureau (NCB) under the Nepal Police. These cases are prosecuted in the Special Court of Nepal.
c. Criminal Offence against property
- Harm on other property, destroy property, take illegal hold of other property
- Arson, theft, extortion, burglary, robbery and others.
- Property related offences are investigated by Police and Prosecuted in the District Court.
d. White Collar Criminal Offence
- Committed by powerful person, financial nature as having intention of earning more money.
- Corruption, money laundering, fraud etc.
- Investigated by Police, Commission for Investigation of Abuse of Authority (CIAA) and case prosecuted in the Special Court of Nepal.
e. Cyber Offence
- Crime committed by means of illegal use of communication and technology.
- Hacking, identity theft, cyber bullying, phishing, child pornography, software piracy etc.
- Investigated by Cyber Bureau Nepal, and case prosecuted in the District Court.
f. Victimless Criminal Offence
- No direct victim, crime offender being victim himself/herself.
- Using of drug, gambling, prostitution etc.
- Investigated by the Nepal Police, and case is prosecuted in the District Court.
3. Legal Process of General Criminal Cases in Nepal; Criminal Case Lawyers in Nepal
Basically, the criminal cases are prosecuted in different three stages;
3.1 Pre-trial Process
3.2 Trial Process
3.3 Post-trial Process
3.1. Pre-Trial Criminal Procedure for criminal cases in Nepal:
Pre-trial process includes the following steps to be followed by the investigating officer;
|1.||First Information Report is filed by the victim person, or who witnesses the crime, or who becomes aware of a crime.|
|After FIR has been filed, investigation of crime starts where the Police authority visits the crime scene.|
|3.||Collection and record keeping of all physical evidence|
|4.||Preparation of deed “Muchulka” of the crime scene|
|5.||After analyzing all the evidence, arrest warrant for the suspicious/accused person is issued from the concerned District Court and the suspect is arrested.|
|6.||Suspect is kept in Police Custody until the completion of the investigation|
|7.||Present the suspect in the Court for bail hearing. Preparation of Preliminary Investigation Report.|
|8.||Interrogation is done and statement is taken from the suspect.|
|9.||The case file is sent to Government Attorney for further case proceeding in the court.|
3.2. Trial Criminal Procedure
In this procedure, the case is forwarded to the Government Attorney and it includes the following steps;
|1.||The Government Attorney prepares the charge sheet against the suspect mentioning the evidence, witness statements, details of the crime and also the proposed punishment.|
|2.||Filing of case in the District Court.|
|3.||Court gives the appropriate date for bail hearing.|
|4.||Statement of the suspect is taken and bail hearing proceeding is done in the Court’s Bench.|
|5.||The Judge decides whether to grant bail or orders to keep the suspect in the Judicial custody for further case proceeding.|
|6.||Examination of witness, Expert’s Opinion on Autospy Report or other related matters is taken, Examination of evidence or extraction of other evidence, statement of accused and other suspect is performed.|
|7.||Case arguments between the Government Attorney and the defense council lawyer|
|8.||The Court passes different orders during trial procedure|
|9.||After hearing both sides arguments, collection of evidence, witness examination result, Expert’s Opinion conclusion, the court gives verdict in the final hearing.|
3. 3. Post-Trial Criminal Procedure
- Finally, the Judge reviews all presented evidence and testimony and gives the final verdict as to whether to release the accused of all the allegations or to keep the accused in the prison as a punishment for committing the crime, subsequently issuing a judgment based on the case’s merits.
4. Legal Remedy to the Victim
- Upon the commission of the crime, the court declares the appropriate punishment to the offender looking at the seriousness of the crime. And as per Criminal Code (Offence and Punishment) Act, 2074, not only the punishment is given to the offenders but the victims are also provided with certain compensation as per the relevant law of Nepal.
- For some kind of minor offences, the offenders are sometimes given warning by Police and let them go or are fined with amount. And imprisonment sentence along with is also given as per the commission of crime.
- Offenders of Serious crimes such as murder with rape, torture, hijacking or exploding aircraft, life imprisonment sentence is given.
- Likewise, juvenile offenders are taken to rehabilitation center and are given counseling instead of punishment.
5. Compensation to victim in criminal offence:
Acc to Sec 41 of Criminal Code (Offence and Punishment) Act, 2074,
Where the offender commits crime against the victim, the court orders for compensation to be given to the victim by the offender for,
- Causing physical, mental, psychological harm to the victim,
- Causing emotional harm to the family members of the victim if he/she dies
- The medical expenses to the victim for causing hurt or grievous hurt to victim
- funeral expenses if victim dies,
- Reparation of property if caused damage to victim’s property
6. How Lawin & Partners assists in regard to Criminal Cases:
As Lawin is having most expert and experienced criminal lawyers for adjudication of cases in Nepal, we provide for best counseling and represent the client on their behalf taking care of clients’ best interest with justice.
- Meeting with the client, listen to their problems and details of their facts and discuss with them about their problems in details.
- Make the client understand about their legal rights and suggest them for the same.
- Provide best legal solution to the client
- Case analysis of how to represent clients in the court.
- Represent the client professionally and diligently in the court.
- Defend them in a court of law with defense arguments.
- Negotiation with the other party for the best interest of our client
- We provide regular court updates to the clients
- If required, expert’s opinion and suggestion is taken regarding the case for the client’s best interest.