1 / 11

Current Practice of Victim Remedy in Myanmar

This presentation by Mr. Thet Lwin from the Union Attorney General’s Office in Myanmar provides an overview of the legal system in Myanmar, including common law principles and current practices for victim remedies. It covers compensation remedies for trafficked victims, criminal law provisions for compensation in specific cases, and administrative measures for victim reintegration. The presentation also discusses challenges and future prospects for improving victim remedies in Myanmar, emphasizing the need for effective utilization of existing legal frameworks and the enactment of consolidated provisions.

dustinb
Download Presentation

Current Practice of Victim Remedy in Myanmar

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Current Practice of Victim Remedy in Myanmar Mr. ThetLwin (on behalf of my Director General) Law Officer Grade-3 Union Attorney General’s Office Myanmar

  2. Outlines Legal System of Myanmar II. Current Practice in Myanmar III. Challenges and Future Prospects in Myanmar

  3. I. Legal System of Myanmar • Based on Common Law Legal System, but not a replica of Common Law Legal System • Legal principles of common law _ justice, equity and good consciousness to give the legal remedy and protection • Also, Section 13 (1) of the Burma Laws Act

  4. Current Practice in Myanmar • Statutory Basic _ • Constitution _ • Section 347 of the Constitution provides that _ • “The Union shall guarantee any person to enjoy equal rights before the law and shall equally provide legal protection.”

  5. Criminal Law _ Compensation Remedies for Trafficked Victims • In Section 33 of TIP Law 2005 _ • (may) Pass an order to pay damages to the trafficked victim from the money confiscated or from the proceeds of sale of property or form the fine • Unless passing, can sue for civil suit for damages in accordance with Civil Procedure Code • The Court has to pass judgement/decision of the amount of damages upon the values of suit

  6. In case of Penal Code - rush and negligence _ • Section 279 (rush driving or riding on public way), • Section 337 (causing hurt by act endangering life or personal safety of others), • Section 338 (causing grievous hurt by act endangering life or personal safety of others), and • Section 304-A (causing death by negligence) • In Section 23 of the Motor Vehicles Law 1964 _ • The Court has to pass an order to pay damages to victims injured by the above-mentioned criminal cases • Moreover, can sue civil suit for damages • -

  7. The above-mentioned provisions are only to provide remedies to the injured person • As of providing remedies to the accused person _ • The Narcotic Drugs and Psychotropic Substances Law 1993 (rehabilitation) Section 10 and 11 • The Child Law 1993 and Rules 2001 • General Exceptions of the Penal Code _ See _ Chapter IV • The Prevention and Protection of Violence Against Women Law (Draft) _ related to provide the injured person (only women) See - Chapter 17

  8. Precedential Basic _ • Selected judgement for 2014 law report _ It is one of the first and foremost ruling for Victim Remedies • Covers for all victims in criminal cases • In this case, the Supreme Court of the Union held that _ • The victim has to be entitled to compensation/ damages • Not only for trafficking in persons case but also for other criminal cases.

  9. Administrative Basic _ • In accordance with the TIP Law 2005_ • The Central Body shall carry out _ • After coordination with the relevant department, organizations and non-governmental organizations • For _ • The repatriation of trafficked victims, • The reintegration into the mainstream of the society • The resettlement and rehabilitation the trafficked victims

  10. III. Challenges and Future Prospects in Myanmar • Need to practice effectively both existing statutory legal framework and precedential framework • Need to enact the clearly consolidated provisions for victim remedies • If practicing and enacting, surely will be good future prospects in Myanmar for victim remedies

  11. Thank You

More Related