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Criminal Dispute Resolution

At Lawin and Partners, we provide comprehensive legal representation in criminal law and civil dispute resolution in Nepal, combining strategic advocacy, deep legal knowledge, and a clientcentric approach. Legal disputes can significantly affect personal liberty, reputation, property, and business continuity.

Nepal’s justice system requires precise procedural compliance, strong evidentiary strategy, and timely action. Lawin and Partners (Law Firm in Nepal) exert Criminal Lawyer represents individuals, companies, and institutions at all stages from investigation and pretrial proceedings to trial, appeal, execution, and settlement with a deep understanding of the National Penal Code and National Civil Code, and an unwavering commitment to the rule of law.

At Lawin and Partners, we serve as a premier destination for those seeking a litigation law firm in Nepal that combines traditional legal excellence with modern strategic advocacy.

Criminal Law Practice in Nepal

The criminal justice system in Nepal is governed primarily by the National Criminal Procedure (Code) Act, 2017 (2074). Navigating this system requires a Criminal Lawyer in Nepal who understands the delicate balance between state prosecution, laws and individual rights.

Overview of the Criminal Justice System

Nepal follows an adversarial system where the burden of proof lies with the prosecution. The process is divided into distinct stages:

Investigation: Initiated by the filing of a First Information Report (FIR). During this phase, the police collect evidence and may take suspects into custody.
Prosecution: The Government Attorney evaluates the police report to determine if a charge sheet should be filed in court.Trial: The adjudicatory phase where evidence is examined, witnesses are cross-examined, and legal arguments are presented.
Post-Trial: Punishment is determined after deciding on guilty
Appeal & Execution: Parties have the right to appeal lower court decisions to the High Court or Supreme Court.

Constitutional Rights of the Accused

Under Article 20 of the Constitution of Nepal, every accused person is guaranteed:

Right to Counsel: The right to consult a legal practitioner of their choice from the time of arrest.
Presumption of Innocence: Every person is presumed innocent until proven guilty by a competent court.
Right Against Self-Incrimination: No person shall be compelled to testify against themselves.
Bail and Detention: Except in cases involving serious crimes punishable by life imprisonment or involving significant public safety, the principle of Bail as a Rule, Jail as an Exception is generally advocated.

Criminal Law Practice Areas and Criminal Defense

As a leading and dynamic approach Criminal Lawyers in Nepal, Lawin and Partners handles and defense a broad spectrum of cases

White-Collar and Economic Offences: Specialized defense in CIAA-related investigations and corruption charges.
General Crime: We litigate general crimes murder, theft, frauds cases
Human Trafficking and Drug Trafficking: Human trafficking and drug trafficking are special serious nature of crime, which our criminal lawyers handles it with due care and diligence.
Cryptocurrencies and Hundi: Crypto currencies, hundi and financial scams are the most emerging cases in Nepal, which we handle with due strategy.
Cybercrime: Handling cases under the Electronic Transactions Act.
Banking and Financial Offences: Defense against Anti-Money Laundering (AML) and banking fraud allegations.
Regulatory Offences:
Banking, financial, and regulatory offences
Customs, revenue, and foreign exchange offences
Cybercrime and technologyrelated offences
Money laundering and financial investigations
Property, land, and documentrelated offences
Criminal appeals, revisions, and constitutional remedies

Victim Representation and Rights

Historically, the victim totally depends on government attorney in the criminal justice process. However, modern Nepalese law recognizes the victim's right to be represented and track all investigation by defense lawyer for victim justice.

Filing the FIR: We assist victims in drafting and registering the First Information Report (FIR) to ensure the legal process begins correctly.
Support during Investigation: We act as a watchdog to ensure the police investigation is thorough and unbiased.
Private Legal Counsel: While the government prosecutor handles the state's case, we provide private attorneys to ensure the victim's specific interests are represented and that their voice is heard during proceedings.

How Lawin and Partners Assists as Criminal Lawyers in Criminal Cases?

We provide comprehensive support throughout the lifecycle of a criminal case:

Legal advice and counseling during investigation and inquiry stages
FIR handling and investigation strategy
Representation during detention, remand, and custody hearings
Bail and detention (thunchek) advocacy and its appeal
Trial advocacy, examination of witnesses, and evidence evaluation, Utilizing forensic and expert testimony to challenge the prosecution’s narrative.
Drafting of legal submissions, applications, and written arguments

Criminal Defense Lawyers in Nepal

Lawin and Partners is recognized as the best Criminal Lawyers in Nepal because of our:

Experienced courtroom advocacy
Strategic, ethical, and resultoriented representation
Strong understanding of Nepalese procedural law
Confidentiality and professional integrity
Clear communication and practical advice

Criminal Cases Litigation Process

Our success is rooted in a four-stage approach to every criminal case:

Step 1: Strategic Drafting and Consultation
Every case begins with a thorough consultation. We analyze the merits of the dispute and draft precise lawsuits or responses. In Nepal, a poorly drafted "Fidari-patra" (plaint) can ruin a case before it even starts. We ensure every legal point is covered.

Step 2: Filing and Registration
We handle the bureaucratic complexities of court registries. Whether it is a District Court in the valley or a specialized tribunal, we ensure all procedural requirements are met to avoid delays.

Step 3: Witness Examination and Evidence
The "Trial" phase is where our expertise shines. We prepare our clients and witnesses for the stand, and we are known for our rigorous cross-examination of opposing witnesses to uncover the truth.

Step 4: Pleading and Final Arguments
The final pleading is an art form. Our senior Criminal Lawyers advocates combine deep knowledge of Nepalese precedents with persuasive oratory to sway the court in our client's favor.

Disputes or Criminal Cases in Nepal requires a steady hand and a brilliant legal analytical mind. Whether you are seeking a Dispute Resolution Law Firm in Nepal for a complex corporate merger or a Criminal Lawyer in Nepal to defend your fundamental freedoms, Lawin and Partners is your trusted legal partner. Criminal Lawyers in our firm ensures commitment to the rule of law ensures that your rights are not just documented, but vigorously defended via. litigation excellence and alternative solutions.

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Frequently Asked Question

Stay calm, do not resist, and ask for the ground of arrest. You have the right to remain silent and consult a lawyer immediately.

Generally, yes. However, for serious criminal offenses, they can arrest without a warrant if there is an immediate risk of flight or evidence destruction through immediate arrest warrant

Maximum 24 hours, excluding the time taken for travel to the court.

Under Article 20 of the Constitution, you must be informed of the reasons for your arrest and your right to legal counsel from the moment of arrest.

A First Information Report (FIR) is the formal complaint that triggers a criminal investigation.

No. You have a constitutional right against self-incrimination. You cannot be compelled to be a witness against yourself.

In most cases (State-party cases), the Government Attorney prosecutes the case on behalf of the victim/State. However, victims can hire private lawyers for additional support.

It is the formal allegation document filed by the Government Attorney in court after the police investigation, detailing the crimes and proposed punishments.

For less serious offenses, bail is generally a right. For heinous crimes punishable by 10+ years, detention is the norm, though the court has discretion based on evidence.

Cash bail, bank guarantees, property mortgages, or personal recognizance (promise to appear).

Yes, though courts may impose stricter conditions, such as withholding passports or requiring local guarantors only in the offence which have less punishment below a year.

Yes, once the case is finalized, provided you attended all court hearings and followed all conditions and proved innocent in final judgment bail money can be refunded to you.

No. The death penalty is constitutionally abolished and prohibited in Nepal.

Standard life imprisonment is 25 years. For certain heinous crimes (e.g., genocide, cruel murder), it means the remainder of the offender's natural life.

Minor crimes that are decided through a simplified, faster trial process through special fast procedures.

Yes. The court can order the offender to pay Interim Compensation or final compensation to the victim for physical or mental harm nut less in practiced.

You are entitled to a Baitanik Wakil Stipendiary Lawyer provided by the state or the Nepal Bar Association for free.

Yes. Generally, a decision from the District Court can be appealed to the High Court, and certain High Court decisions can be appealed to the Supreme Court.

If your fundamental rights are violated e.g., illegal detention, you can file a Habeas Corpus writ directly in the High Court or Supreme Court for immediate release.

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Park Lane, Buddhanagar-10, Kathmandu, Nepal

Phone : +9779841933745, +9779841933745

info@lawinpartners.com