Increase or reduction of bail. Civil and criminal procedure code of bhutan 2001 new. He shall have the power, in connection with the inspection of any such institution, to issue subpoenas, compel the attendance of witnesses and the production of books, papers, and other documents relating to such institution or its officers and to administer oaths and to take the testimony of persons under oath. Warrant of the Secretary of State. If sentence is imposed on several counts, the court shall state separately the sentence which it is imposing on each count.
Failure by a person without adequate excuse to comply with a subpoena served upon him shall be punishable as contempt of court. The grand jurors shall find an indictment charging the defendant with the commission of an offense when from all the evidence taken together they are convinced there is probable cause to believe him guilty of such offense. Chapter VESTIGATION OF SUSPICIOUS DEATHS. Civil and criminal procedure code of bhutan 2001 1. Several indictments may be returned at the same time. Effect of dismissal. The appellate court shall not consider points of law not raised in the court below and argued in the briefs, except that it may in any case, in the interests of justice, base its decision on a plain error apparent in the record. If the sureties at the hearing are unable to show cause why they should be exonerated, the court may declare the bond forfeited and require another bond as a condition for the release of the defendant, or, if the defendant is not present at the hearing, the court may condition the forfeiture on failure of the sureties to produce the defendant before the court as soon thereafter as is reasonably possible. If no minimum term is prescribed by statute, the court shall fix a minimum term which shall in no case exceed one-third of the maximum term provided by law for the offense for which the defendant was convicted, or five years, whichever is less. When the court revokes a suspension or probation, it may impose on the defendant any sentence that might have been imposed originally for the crime of which he was convicted, except that the defendant shall not be sentenced to imprisonment unless: (a)He has been convicted of another crime; or.
At any time while the parolee is at large on parole, the Board may issue a warrant for his arrest for violation of any of the conditions of parole, or a notice to appear to answer to a charge of violation. Summary of evidence by the judge. D)There was not probable cause for believing the existence of the grounds on which the warrant was issued; or. Medical & Health Council Act (2002). Approval of bond; justification of sureties. To proceed without legal counsel; exception. The Chief of the Bureau shall also appoint professional, technical, skilled, and other subordinate officers and employees as may be required for the effective administration of the correctional institutions of the Division of Correction in accordance with the provisions of the Civil Service Act, and in the case of institutional employees he shall consider the recommendations of the respective wardens or other administrative heads of institutions. At the time appointed in a notice to appear, or promptly after arrest of a parolee on warrant or after receiving a report of arrest from a parole officer following an arrest without a warrant, the Board of Parole shall hold a hearing in the presence of the parolee if it is of the opinion that the violation may justify revocation of the parole. A prisoner shall be entitled to consult with his own legal counsel in preparation for a hearing before the Board of Parole. §eals from courts of magistrates or justices of the peace. Civil and criminal procedure code of bhutan 2001 us. No fees are payable to the clerk of any court for preparation or transmission of the record on appeal or for filing or docketing the appeal. He may also cause the witnesses to be kept separate and to be prevented from communicating with each other until all are examined. 3Record of plea and issues of law. The Division of Correction shall be under the direction of the Director of Correction, who shall be appointed by the President with the advice and consent of the Senate and who shall be responsible directly to the Attorney General.
Disobedience of subpoena. During the period of the suspension or probation, the court, on application of the probation officer or of the defendant, or on its own motion, may modify the requirements imposed on the defendant or add further requirements authorized by this section. If a parolee violates the conditions of his release, the time of his parole term shall continue to run until the issuance of a notice to appear or a warrant of arrest under the provisions of section 35. Of coroner; formal inquest. Contempt of court disciplines course of justice, not coerce cooperation. If the defendant desires aid of counsel, the magistrate or justice of the peace shall allow him a reasonable time and opportunity to procure one and require a peace officer to take a message to any counsel whom the defendant may name in the judicial circuit in which the court is situated if other means of communication are impracticable. Dismissal of appeal for failure to proceed. Legal Deposit Act 1999. Upon the termination of the period of suspension or probation or the earlier discharge of the defendant, the defendant shall be relieved of any obligations imposed by the order of the court and shall have satisfied his sentence for the crime. Defenses and objections based on defects in the institution of the prosecution or in the indictment other than that it fails to shown jurisdiction in the court over the subject matter or to charge an offense, may be raised only by motion before trial to dismiss.
If the defendant is indigent, the court shall appoint Defense Counsel to represent him, unless he understandingly elects to proceed without counsel. The officer who has issued a notice to appear, on or before the return day, shall make return thereon to the court before which the notice is returnable and shall file a complaint setting for the offense which the person requested to appear is charged with committing. Judication and enforcement. It shall appoint an agent to receive the fugitive in the event a warrant of surrender is issued by the Secretary of State. When an appeal is docketed, the case shall be scheduled for argument. Over the course of this essay, the author aims to not only bring out the meaning and the value of the rule of law, but also present it as a framework within the realm of constitutional legality in decision-making that limits the systemic abuse of power. 5, or fulfilling the requirements for completion of an appeal under section 24. The Royal High Court had original jurisdiction over the twenty dzongkhags of the nation. No appeal bond need be furnished on appeal in a criminal case. If the parolee is not then discharged, the Board of Parole shall determine whether he shall be discharged after the expiration of another six months of the parole term.
On an appeal by the Republic from any order, the appellate court may affirm, or reverse, or modify such order. A motion for a new trial on any other ground shall be made within four days after verdict. Misconduct by public official or employee. On further prosecutions of an acquittal or other discharge on the merits, and of a conviction. § of order; remittitur. The Courts shall decide matters before it impartially on the basis of fact and in accordance with the rule of law. § of issue of mental disease or defect. Industrial Property, Rules, 2001.
Notice of the time and place of hearing thereof shall be given to the Department of Justice.
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