Criminal Procedure Code at Bhutan
Bhutan's criminal justice system is governed by the Civil and Criminal Procedure Code of Bhutan, 2001, which provides a comprehensive framework for criminal proceedings, from investigation through trial and sentencing. (The Civil and Criminal Procedure Code of Bhutan of 2001, Bhutan, WIPO Lex)
⚖️ Structure of the Legal System
The Code establishes a tiered court system:
Supreme Court: The highest judicial authority in Bhutan.
High Court: Handles appeals and certain original cases.
Dzongkhag Courts: District-level courts presided over by a Drangpon (judge). (The Civil and Criminal Procedure Code of Bhutan of 2001, Bhutan, WIPO Lex)
Dungkhag Courts: Sub-divisional courts with limited jurisdiction. (The Civil and Criminal Procedure Code of Bhutan of 2001, Bhutan, WIPO Lex)
Judges, known as Drangpons, are appointed based on legal qualifications and integrity, with recommendations from the National Judicial Commission. (The Civil and Criminal Procedure Code of Bhutan of 2001, Bhutan, WIPO Lex)
🔍 Key Provisions of the Code
1. Arrest and Detention
Arrest with Warrant: Courts may issue arrest warrants upon request by the police, provided there is probable cause. (The Civil and Criminal Procedure Code of Bhutan of 2001, Bhutan, WIPO Lex)
Arrest without Warrant: Police officers may arrest individuals without a warrant in public places for offenses such as assault, drug trafficking, or public nuisance. (Civil and Criminal Procedure Code of Bhutan-2001)
Citizen's Arrest: Citizens are permitted to arrest individuals they reasonably believe have committed or intend to commit a criminal offense, provided they hand the suspect over to the police without delay. (Civil and Criminal Procedure Code of Bhutan-2001)
2. Investigation and Evidence
Police Duties: Police are responsible for promptly detecting and apprehending offenders, conducting investigations, and preparing crime reports. (The Civil and Criminal Procedure Code of Bhutan of 2001, Bhutan, WIPO Lex)
Search and Seizure: Courts may issue search warrants to the police to conduct searches for criminal evidence, provided there is probable cause. (The Civil and Criminal Procedure Code of Bhutan of 2001, Bhutan, WIPO Lex)
Wiretapping: Permitted only with a court-issued warrant, based on reasonable belief that the interception will provide evidence of a serious crime.
3. Trial and Sentencing
Bail: Defendants may be released on bail unless charged with non-bailable offenses. Courts consider factors like the seriousness of the offense and the defendant's likelihood of appearing for trial.
Sentencing: Upon conviction, courts may impose penalties such as imprisonment, fines, restitution to victims, or probation.
Juveniles: Special considerations are given to juveniles, including the possibility of release on probation or advice, depending on factors like age, health, and the severity of the offense.
📘 Accessing the Code
The full text of the Civil and Criminal Procedure Code of Bhutan, 2001 is available in both English and Dzongkha on the WIPO Lex database: (The Civil and Criminal Procedure Code of Bhutan of 2001, Bhutan, WIPO Lex)
English Version
Dzongkha Version
Additionally, the Bhutan Laws Online portal provides access to various legal documents, including the Code:
Bhutan Laws Online
🔄 Recent Amendments
In December 2023, Bhutan's National Council adopted the Civil and Criminal Procedure Code (Amendment) Bill 2019 and the Penal Code (Amendment) Bill 2019. These amendments, which were forwarded to the National Assembly for re-deliberation, aim to update and refine aspects of the criminal justice system. (NC adopts the Civil and Criminal Procedure Code (Amendment) Bill 2019 and the Penal Code (Amendment) Bill 2019-DZ)
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