Order No 172/2021: Closing And Withdrawal Of Criminal Cases Within Hearing

Republic of the Union of Myanmar State Administration Council issued an Order No 172/2021 on 11 August 2021 regarding with closing and withdrawal of criminal cases within hearing.

The Order reads…

The State Administration Council released Order No 147/2021 of releasing the culprits from designated cases dated 20-7-2021 and released them from the cases to effectively control, contain and give treatment for infection of current COVID-19 and to ensure sympathy over the culprits facing the long detention days for lack of going to the trials due to the disciplines related to COVID-19.

This order was hereby released in accordance with the Section 419 of the Constitution to close and withdraw the cases of remaining culprits on long detention days with compassion in line with the restrictions and to further take preventive, control and treatment measures of COVID-19.

Except those prosecuted in the cases related to the Counter-Terrorism Law, the Money Laundering Law, the Anti-Human Trafficking Law, the Narcotic Drug and Psychotropic Substances Law (except Para 2 (f) and (g) of Order No 147/2021), the Unlawful Association Act, the high treason (Section 122 of the Penal Code), the sedition (Section 124 (a) of the Penal Code), fugitives, the cases directly submitted prosecution to the court and the cases that relevant prosecuted organizations submitted proposals to the respective courts before 30 September 2021 not to close the cases with firm evidences, all criminal cases within hearing for the culprits prosecuted at relevant courts for any crimes on 1 February 2021 and before that date shall be closed and those culprits released from the cases.

However, only when those who faced loss and grievance in the criminal cases related to murders, rapes, causing loss and grievance to others and causing money or property loss to individual person or many persons do not submit the complaints not to close the cases, not later than 30 September 2021 to the relevant courts, shall the cases be closed and the culprits released.

When the persons themselves facing loss and grievance submitted the complaints not to close the cases, the relevant courts shall continue the hearing the cases from the respective stages.

The word which means the persons themselves facing loss and grievance is the persons themselves facing loss and grievance, their legal wife or spouse and offspring only. If the persons themselves facing loss and grievance are not married, it means the persons themselves facing loss and grievance and their parents and siblings.