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Attorney General’s Office Takes Over Corruption Cases
In a bid to combat corruption and ensure justice is served, the Attorney General’s Office has been granted powers to take over prosecution processes in cases where corruption or interference hampers progress.
According to Section 91 of the Anti-Corruption Act, the Commission may prosecute a person charged with corruption or take over a prosecution process from the police or prosecuting agency when:
- The case is delayed without a valid reason
- The case is manipulated by interference
In such cases, the police or prosecuting agency shall be obliged to hand over the case file and related documents within 14 days of receiving the Commission’s request, as stipulated in Section 92 of the Act.
The Attorney General’s Office has also been empowered to:
- Seek cooperation from public entities and individuals under the Constitution
- Issue written orders requiring any person or entity to provide information, documents, or other materials it possesses (Section 94 of the Act)
- Require a public entity or organization to carry out investigations, inquiries, expert inspections, analysis, examination, or any other necessary measures within its power (Section 96 of the Act)
Protection of Witnesses and Informers
The Attorney General’s Office has also been tasked with:
- Ensuring the safety and security of persons under custody during investigation
- Providing reasonable protection whenever necessary (Section 97 of the Act)
- Ensuring the identity protection of informers, and protecting informers, witnesses, and their families from physical, economic, or any other threat (Sections 98-99 of the Act)
Immunity from Prosecution
The Chairperson and members of the Commission, investigating officers, or any other official involved in an investigation or inquiry shall enjoy immunity from prosecution for any lawful act arising from the due discharge of their duty under this Act (Section 104 of the Act).
Offences and Penalties
Any person who commits an offence defined in this Act shall be deemed to be a cognizable offence within the meaning of the Civil and Criminal Procedure Code of Bhutan (Section 105 of the Act).
Furthermore, any person who fails to comply with any provision of this Act or any other law shall be guilty of an offence, and those found guilty of corruption or maintaining a standard of living disproportionate to their lawful source of income may face value-based sentencing under the Penal Code of Bhutan (Sections 106-107 of the Act).
Contact Us
For more information on the Attorney General’s Office and its powers under the Anti-Corruption Act, please contact our office at [insert contact information].