Judicial system of Bhutan

Criminal justice

Bhutan's civil and criminal codes are based on the Tsa Yig, a code established by the shabdrung in the seventeenth century. The Tsa Yig was revised in 1957 and ostensibly replaced with a new code in 1965. The 1965 code, however, retained most of the spirit and substance of the seventeenth-century code. Family problems, such as marriage, divorce, and adoption, usually were resolved through recourse to Buddhist or Hindu religious law. In modern Bhutan, village heads often judged minor cases and district officials adjudicated major crimes.Worden, Robert L. "Criminal justice". [http://lcweb2.loc.gov/frd/cs/bttoc.html "A Country Study: Bhutan"] (Andrea Matles Savada, editor). Library of Congress Federal Research Division (September 1991). PD-notice]

Trials in the 1980s were public, and it was the practice of the accuser and the accused each to put their cases in person to judges. There were no lawyers in Bhutan's legal system until the 1980s, and decisions were made on the facts of each case as presented by the litigants. Judges appointed by the Druk Gyalpo were responsible for investigations, filing of charges, prosecution, and judgment of defendants. Serious crimes were extremely rare throughout the twentieth century, although there were reports of increased criminal activity in the 1980s and early 1990s with the influx of foreign laborers, widening economic disparities, and greater contact with foreign cultures.

Penal code

Arrests can be made only under legal authority. Exile, stated as a punishment in the 1953 Constitution of the National Assembly, and its 1968 revision, is not used as a form of punishment, and mutilation was abolished in 1965. Fines, according to various reports, ranged from the equivalent of US$10 to US$55, and jail sentences from seven days to one month were levied against citizens who violated a compulsory but not widely enforced 1989 royal decree that they wear the national dress at formal gatherings to preserve and promote Bhutanese culture. With respect to international criminal law, in 1988 the National Assembly ratified a SAARC convention on terrorism, which Bhutan has consistently condemned in international forums. It provided for extradition of terrorists.Worden, Robert L. "". [http://lcweb2.loc.gov/frd/cs/bttoc.html "A Country Study: Bhutan"] (Andrea Matles Savada, editor). Library of Congress Federal Research Division (September 1991). PD-notice]

References