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Current Practice of Victim Remedy in Myanmar

Current Practice of Victim Remedy in Myanmar. Mr. Thet Lwin (on behalf of my Director General) Law Officer Grade-3 Union Attorney General’s Office Myanmar. Outlines. Legal System of Myanmar II. Current Practice in Myanmar III. Challenges and Future Prospects in Myanmar.

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Current Practice of Victim Remedy in Myanmar

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  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

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