CRIMINAL JUSTICE SYSTEM
                     IN
                 NEPAL






                                               JUSTICE
 

—The term justice suggests the quality of being just or right or reasonable.

—Justice is dynamic idea.

—It symbolize perfect ness.

—Legal Justice is related to process of law making ant the judicial system of society.

CRIMINAL LAW

—Criminal law is the law which describe crime and prescribe  punishment.

—Objectives:

Punish offender

Protect society

Welfare of society

Safety of individual

—The paradigm case of crimes lies in proof beyond reasonable doubt.

—There must be existence of unlawful act and guilty mind (mens  rea).

—Unless and until both condition are present at the same time no criminal liability arises.

—Burden of proof is over state so the investigation must be fair, sharp & impartial.

—Criminal Law is based on Criminal Justice System of the state. 

 

CRIMINAL JUSTICE SYSTEM

—The process by which the people who are accused of crimes are judged in the court.

—Criminal justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts.

— Those accused of crime have protections against abuse of investigatory and prosecution powers.

 

GOALS OF CRIMINAL JUSTICE SYSTEM

—To catch & punish the criminals.

—To control crime

—To rehabilitate criminal.

—To protect the rights of suspects, defendants and convicted offenders.

—To protect victims rights.

—To enforce the criminal law economically.

—To enforce the criminal law effectively.

—To provide good working conditions for criminal justice personnel.

—To provide carrier opportunities for criminal justice personnel.

—To train lawyers for lucrative private jobs or future political careers.

—Criminal justice agencies

—Criminal Justice operates at the national state, country and city levels through several independent agencies  mainly :

—The police

—The attorney general office.

—The police and attorney general are two most important  actors in bringing cases for the prosecution before the judiciary of Nepal

Police:
 

The police are under the general supervision of Ministry of home affaires

Crime investigation is carried out by the Crime Investigation Department(CID)

Attorney General:

The prosecution of crimes is the attorney general’s constitutional responsibility

Attorney General represent the government in the cases wherein the rights ,interests,or cocerns of the the government is involved.

 

Judiciary:

Supreme court is highest court: decision are binding

Below SC In judiciary hierarchy is Appelate and District court.

CRIMINAL PROCEEDING IN NEPAL

—Investigation:

—The, victim, victim’s relatives or any individual who is aware of a crime can enter a case at the nearest police station.

—The police authorities file an FIR (First Information Report) containing date of  commission of the crime, the name of the actual culprits, their actions, evidence & other description regarding the offense.

—If police authorities refuse to file FIR then CDO can file the information. If CDO also refuses to register the FIR then a complaint can go to the Appellate Court or Supreme Court.( writ of Mandamus)

Eg :Arjun lama

  

—The investing police can arrest a suspect according to the information received.

—Suspects should not be immediately handcuffed & detained without any interrogation. 

 

Prosecution:

—After the investigation police officers prepare reports of their findings & submit to the concerned government Attorneys.

—Government attorneys have the final say in the decision of whether or not to

initiate trial proceedings in a given case.

—A charged sheet is framed after the prosecutors has compiled all the documents &evidence against the accused.

 Trial:

—The judicial process begins after the prosecutor has submitted the charge sheet to the District court.

—The trial of a criminal case is carried out by the District Court. (excluding writs of certiorari, quo warranto, prohibition ,violation of Human Rights)

 

The trial process can be divided into 3 parts:

Bail hearing

Post bail hearing

Final hearing            

Bail hearing: Statement of accused , charge sheet is recorded then judge consider bail ,even not granted.

• There may be a post-bail hearing in an A C, where the accused or representative of the accused submit to the court a petition to reverse the order of the lower court.

Final hearing:   After all the witness have been heard, the final hearing is given.

     -    If the accused is convicted of the crime the judges give a           sentence.

     -  If the defense offers supporting facts and evidences inn favor of accused then verdict is  given in accused favor.

THE MAJOR PROBLEMS  WITH THE CRIMINAL JUSTICE IN NEPAL

—Police personnel are largely insensitive to Human rights of both victims and detainees.

—A prevailing culture of impunity that allows for corrupt and criminal acts among officials without fear of reprimand.

—Crime as a revenue to the state(not rehabilitating)

—Institutionalized torture and illegal detention.

—The common practice in ignoring victims as the important witness of prosecution

—Exclusive authority of police over all facets of criminal investigations.

—Delay in justice is common phenomena.

—No jury system ,  judge is sole arbiter.

—Means to address the problem of Criminal Justice System

—Better legislation

—Evidence- based investigation

—Better check and balance inside the institution.