Investigation, Prosecution & Adjudication of Corruption Offences in Nepal

In an effort to combat corruption, the government of Nepal has established several institutions to investigate, prosecute, and adjudicate corruption cases. This article provides an overview of these institutions and their roles in combating corruption.

The Commission for the Investigation of Abuse of Authority (CIAA)

The CIAA is responsible for investigating and prosecuting public officials accused of corruption. Its key functions include:

• Conducting investigations into allegations of corruption against public officials
• Searching and seizing documents, records, and other materials relevant to the investigation
• Summoning witnesses and obtaining statements from them

Prosecution

Once an investigation is complete, the CIAA can file a case in court against the accused official. The Public Prosecutor’s Office (PPO) represents the state in court and conducts the prosecution. The PPO has the power to:

• Present evidence
• Call witnesses
• Argue the case on behalf of the state

Adjudication

The courts play a crucial role in adjudicating corruption cases. The Special Court for Corruption Cases is specifically designated to hear corruption cases, and its judges are trained to deal with complex corruption cases.

International Cooperation

Nepal has committed to international cooperation to combat corruption. Under Chapter IV of the United Nations Convention against Corruption (UNCAC), states parties are obligated to assist each other in every aspect of the fight against corruption, including:

• Prevention
• Investigation
• Prosecution of offenders

However, Nepal lacks a proper legal and institutional mechanism for international cooperation.

Challenges

Despite efforts to combat corruption, there are several challenges that need to be addressed. These include:

• Nepalese law failing to define some acts as crimes, such as:
  • Bribery in the private sector
  • Embezzlement of property in the private sector
  • Bribery of foreign public officials and officials of public international organizations
• The need for laws related to:
  • Mutual legal assistance
  • Asset recovery
  • Joint investigation
  • Extradition
  • Execution of verdicts of foreign courts

Conclusion

The investigation, prosecution, and adjudication of corruption cases are critical components of Nepal’s anti-corruption efforts. While there have been some successes, there is still much work to be done to ensure that those who engage in corrupt practices are held accountable. Addressing the challenges and strengthening international cooperation will be crucial in this regard.