Nepal allows partial settlements in certain criminal cases — Kathmandu Post
Nepal’s Office of the Attorney General has allowed the partial settlement of certain criminal cases involving an organised crime charge. This is possible if a court finds a person guilty of an offence that the law allows to be settled by agreement between the parties, but does not uphold the related organised crime charge, Kathmandu Post reports.
The circular, issued under Attorney General Narayan Datta Kandel, was sent on October 7 to all high, special and district public prosecutor’s offices. It clarifies the procedure in cases combining offences that may be settled and those for which such a procedure is not provided.
Conditions for settlement
The organised crime charge itself cannot be the subject of a settlement. At the same time, the parties may settle other counts if permitted by law and if the court’s decision dismissing the organised crime charge has become final after all appeals have been completed.
For example, a person charged with fraud and organised crime may settle the fraud count if the court upholds that charge but dismisses the organised crime charge. Heads of the relevant public prosecutor’s offices have been authorised to facilitate such settlements, but a prosecutor must file a motion with the court, which must approve it.
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The rules apply, in particular, to cooperative fraud and other types of fraud, non-payment on cheques, illegal lending, breach of trust causing financial loss, arson, vandalism, damage to public property, contract-related offences and cases involving overseas employment.
Cautions regarding application
Office of the Attorney General spokesperson Dinesh Prasad Ghimire said the changes are intended to eliminate uncertainty in cases involving multiple charges and help victims recover funds without waiting years for proceedings to conclude.
At the same time, former Supreme Court judge Balram KC warned that such a mechanism could weaken the principles of criminal justice and create a risk of pressure on victims. Former attorney general and criminal law specialist Raman Kumar Shrestha also expressed concerns about the possible abuse of prosecutors’ discretion when making settlement decisions.
Under Nepalese law, organised crime charges may be brought when three or more people commit an offence in an organised manner for which more than three years of imprisonment is prescribed. In such cases, prosecutors may seek an additional penalty amounting to one and a half times the punishment for the underlying offence.
