Criminal litigation in Bangladesh is governed by the Code of Criminal Procedure (CrPC), 1898, which outlines the procedures for investigating, prosecuting, and trying criminal offenses. The system is adversarial, with the prosecution and defense presenting their cases before a court. Key aspects include police powers of arrest and investigation, trial procedures, and the rights of the accused.
Key Features of Criminal Litigation in Bangladesh:
Code of Criminal Procedure (CrPC), 1898:
This is the primary law regulating criminal proceedings in Bangladesh.
Adversarial System:
The criminal justice process is a contest between the prosecution and the defense.
Police Powers:
The police have the power to investigate crimes and make arrests, as outlined in the CrPC.
Trial Procedures:
The CrPC details the stages of a trial, including the roles of the judge, prosecutor, and defense counsel, as well as the rights of the accused, such as the right to bail.
Evidence and Witnesses:
The CrPC also covers the collection of evidence and the examination of witnesses.
Sentencing:
The code outlines the procedures for sentencing offenders.
Appeals:
The system allows for appeals to higher courts against decisions made by lower courts.
Specific Offenses:
The Penal Code, 1860, defines specific offenses and their corresponding punishments.
Special Powers Act:
This act provides for preventive detention, and the Constitution of Bangladesh provides safeguards against such detention.
Institutions Involved:
Police: Investigate crimes and make arrests.
Courts: Trial courts (Sessions Courts, Magistrates’ Courts) and appellate courts (High Court Division and Appellate Division of the Supreme Court).
Prosecution: Conducts the case on behalf of the state.
Defense: Represents the accused.
Key Concepts:
Jurisdiction: The geographical area where a court has the authority to hear a case.
Cognizance: The court’s formal awareness of an offense and its decision to proceed with the case.
Bail: The release of an accused person from custody pending trial, often with conditions.
Summons/Warrant: Legal documents used to compel the appearance of individuals in court.
Investigation: The process of gathering evidence to determine if a crime has been committed.
Trial: The formal examination of evidence and legal arguments in court to determine guilt or innocence.
Judgment: The court’s decision in a case.
Punishment/Sentence: The penalty imposed on a person found guilty of a crime.
Appeal: The process of challenging a court’s decision in a higher court.
