PROSECUTION IN NEPAL

The Attorney General

The Attorney General of the of Nepal is the principal legal advisor to Government of Nepal. In accordance with Article 134 of the Constitution she/he is appointed by the Prime Minister. The Attorney General is appointed from among the judges or jurists who is eligible to be appointed as a judge of the Supreme Court. Senior Government Advocates (called Deputy Attorney General) and Government Advocates (called Joint Attorney) are the career officers appointed by the Government Of Nepal under the recommendation of the Judicial Service Commission.

The Attorney General and his subordinates are responsible for representing the Government for the protection of the rights and interest of the state. Similarly, the Attorney General is the final authority to decide whether or not to prosecute any body on behalf of the government.

Organization and Functions

The Office of The Attorney General is the Central Office in the prosecution hierarchy. The Attorney General Office is responsible for providing legal opinions to the government, for making efforts towards the protection of the legal rights and interest of the government by pleading, practicing and counseling. Similarly it has to supervise and inspect the performance of subordinate offices.

Sixteen Appellate Government Advocate Offices are established at the location of the Court of Appeal. The Appellate level Government Advocates (called Joint Attorney) are primarily responsible for giving legal advice to the regional and zonal level government offices and authorities. Besides, they have to protect the legal rights and interest of the state by prosecuting, pleading and counseling.

Seventy-five District Government Advocate Offices are established at the location of the District Courts. The district level Government Advocates (called District Attorney) are primarily responsible for prosecuting criminal cases in which the state is a party. Besides, they are responsible for the protection of the legal rights and interest of the state by pleading, practicing, counseling and giving legal advice to the district level government offices and authorities.

Investigation in the criminal cases is carried out by the police personnel.