I would like to report a crime/make a complaint

With some exceptions, a criminal case can be initiated by any person with information about an alleged offence.^{9 (Criminal Procedure Code §154; §155(1))}
If all the offences alleged are non-cognizable, the complaint must be filed with the court directly.^{10 ()}
If any of the offences are cognizable, a report should be filed with the police^{11 (Criminal Procedure Code §154)}  but can also be submitted to the relevant court. In this instance, a judge may order the police to open the case, and investigate the allegations. See Report a crime to the police.

If a person is initiating a case on behalf of another person, it is important to first get the consent of the other person, the alleged victim, where possible.
After filing the complaint, the judge will examine the person filing the complaint (complainant) under oath.^{12 (Criminal Procedure Code §200(A))}
It is important to report the facts as carefully and as truthfully as possible. Statements made may be used to support or challenge the victim and/or complainant testimony later in court.^{13 (Evidence Act (1872)(amended 2015) §145; §155(3); §157; Criminal Procedure Code §162(1); Police Manual para. 1414.)}
In some circumstances, victims may face legal consequences as a result of reporting a crime.
After examination, the judge may refer the case back to the police to investigate^{14 (Criminal Procedure Code §202(1); §155(2)-(3))}  or the judge shall direct the complaint to the proper court^{15 (Criminal Procedure Code §202(1))}  or the judge shall dismiss in his judgement no sufficient ground for proceeding^{16 (Criminal Procedure Code §203)}  or the judge can issue summon or warrant to take an action.^{17 (Criminal Procedure Code §204)}  များပြုလုပ်မည် ဖြစ်သည်။
A judge may also dismiss the case due to lack of sufficient evidence.^{18 (Criminal Procedure Code §203)}
If the case proceeds to trial, the complainant may hire his or her own lawyer who may then prosecute the case under the supervision of a law officer.^{19 (Criminal Procedure Code §493)}

What you can do?

Non-cognizable offences may be filed directly to the judge.
Where possible, seek help from a lawyer or legal organisation.
Complainants should secure legal representation to represent the case throughout the judicial proceedings, including at trial, where possible.
Victims of crime should consider additional services such as counselling, health services, and shelter, as well as legal support.
Corruption involving public officials such as judges and other court officials may be reported to the Anti-Corruption Commission (ACC). See Alternatives to criminal proceedings.

Tips on hiring a lawyer

In cognizable offences, if the police officer believes there is enough information to proceed with an investigation, he or she will notify the appropriate court and proceed with investigation.^{20 (Criminal Procedure Code §157(1); §156(1))}
A police officer may only investigate non-cognizable offences upon the order of a judge.^{21 (Criminal Procedure Code §155(2)-(3))}
The police shall notify the person providing information if they will or will not proceed with the investigation.^{22 (Criminal Procedure Code §157(2))}
Every investigation shall be conducted by the police without unnecessary delay.^{23 (Criminal Procedure Code §173(1))}
The police may request persons who may have knowledge of the circumstances of the case to the police station for questioning.^{24 (Criminal Procedure Code §160-1)}
No person, including a police officer, may prevent person from making a voluntary statement to the police during the course of an investigation.^{25 (Criminal Procedure Code §163(2))}
Any statements provided to the police may be later challenged in court if that person making the statement later testifies.^{26 (Evidence Act (1872)(amended 2015) §145; §155(3); §157; Criminal Procedure Code §162(1); Police Manual para. 1414.)}
Where appropriate, the police may contact a local hospital to put together a medical report. In which case, the alleged victim may need to undergo a medical examination.

What you can do?

Where possible, seek help from a lawyer or legal organisation.
Victims of crime should consider additional services such as counselling, health services, and shelter, as well as legal support.
Address police misconduct, such as interfering with physical evidence or threatening witnesses, through administrative proceedings under the Myanmar Police Force Maintenance of Discipline Law (1995).
Corruption involving public officials such as judges and other court officials may be reported to the Anti-Corruption Commission (ACC). See Alternatives to criminal proceedings.

Tips on hiring a lawyer

Legal representation 

The complainant may hire a lawyer who may then prosecute the case under the supervision of a law officer.^{27 (Criminal Procedure Code §493)}

Court attendance and testimony

If the case proceeds to trial, complainants and/or victims will be compelled to testify and must answer any question related to the matter in issue.^{28 (Evidence Act (1872)(amended 2015) §118; §132)}
A judge has the power to issue a summons or even a warrant in order to compel a person to testify in court.^{29 (Code of Criminal Procedure §90(a))}

Cross-examination

The accused has the right to cross-examine the witnesses testifying against him or her.^{30 (Criminal Procedure Code §208(2))}
Statements made in a FIR or in a complaint to the court, may be used to support or challenge the victim and/or complainant testimony in court.^{31 (Evidence Act (1872)(amended 2015) §145; §155(3); §157; Criminal Procedure Code §162(1); Police Manual para. 1414.)}
A complainant and/or witness who testifies in a rape case may be confronted with questions regarding past sexual conduct by the defence team.^{32 (Evidence Act (1872)(amended 2015) §155(4))}
The judge shall forbid any questions that are improper in form.^{33 (Evidence Act (1872)(amended 2015) §152)}
The judge may also forbid questions that are deemed indecent except where these questions relate to the facts in issue.^{34 (Evidence Act (1872)(amended 2015) §151)}

Confidentiality

Under Myanmar law, trial proceedings shall be open to the public.^{35 (Code of Criminal Procedure §352; Constitution (2008) Art. 19(b))}
There are a few narrow exceptions to public criminal trials, including closed-door proceedings for accused persons in juvenile court.^{36 (Child Rights Law (2019)§84(b))}
The presiding judge has the authority to close the court to the public in all criminal proceedings when appropriate.^{37 (Code of Criminal Procedure §352)}
The judge may permit a person to give testimony through a video conferencing or live television link in certain circumstances, including when the person is under the age of 16 or the court otherwise determines it is appropriate.^{38 (Evidence Act (1872)(amended 2015) §60A(1)(a),(b),(d))}
Women, children, and youth victims who testify in court proceedings for offences charged under the Anti-Trafficking in Persons Law (2005) shall privately testify in a courtroom closed to the public.^{39 (Anti-Trafficking in Persons Law (2005) §11(a))}
In specific circumstances, a judge may deny public access to court documents.^{40 (Anti-Trafficking in Persons Law (2005) §11(b))}
In specific circumstances, a judge may also limit the publication of details regarding the trial proceedings including the identity of witnesses, victims, and accused persons.^{41 (Child Rights Law (2019) §85(b) and §96; Anti-Trafficking in Persons Law (2005) §11(c))}

What you can do?

Legal representation 

Complainants, victims, and witnesses should seek legal help wherever possible.

Court attendance and testimony 

It is important to attend the proceedings as required and to testify as truthfully as possible.
Failure to attend may lead to consequences, such as the dismissal of the case or an arrest by order of a judge to compel court attendance.^{55 (Code of Criminal Procedure §90(a))}
Not testifying truthfully may lead to the accused’s acquittal and even criminal charges.^{56 (Penal Code §193)}
If a complainant or victim wishes to withdraw the charges that person should speak with an attorney, or in the absence of a lawyer, with the law officer in charge of the case.
Several organisations provide support to testifying witnesses and complainants.

Cross-examination

Object to all questions that are not relevant, harassing, improper in form, or otherwise seem indecent.

Confidentiality 

If the subject matter of the testimony is sensitive, embarrassing or in some way offends the witness’s dignity, he or she should request to testify privately or that the judge at least denies public access to the courtroom.
For similar reasons, a complainant or witness should consider requesting that personal identifying details remain confidential and not released to the public.
Women, children, and youth victims who testify in court proceedings for offences charged under the Anti-Trafficking in Persons Law (2005) may receive additional support to maintain confidentiality.

Tips on hiring a lawyer

Civil suit

A victim may wish to file a civil complaint in order to receive compensation for any loss or injury.^{42 (Code of Civil Procedure §19)}

ILO Forced Labour complaint mechanism

Myanmar citizens and residents have the right to lodge a complaint alleging forced labour practices with an International Labour Organization (ILO) Liaison Officer.
The ILO complaint mechanism provides an opportunity for victims of forced labour to receive some form of compensation without fear of prosecution, harassment, or other form of reprisal.

Police disciplinary proceedings

Under the Myanmar Police Force Maintenance of Discipline Law (1995), a police officer may be subject to disciplinary proceedings for the following:

• Failure to take action, or causing delays, in carrying out his or her official duties without sufficient reason.^{43 (Myanmar Police Force Maintenance of Discipline Law (1995) (amended 1997) §13(a))}
• Failure to arrest an offender who has been ordered to be arrested.^{44 (Myanmar Police Force Maintenance of Discipline Law (1995) (amended 1997) §13(b))}
• Failure to appear as a witness as ordered.^{45 (Myanmar Police Force Maintenance of Discipline Law (1995) (amended 1997) §20(a))}
• Committing contempt of court by using threatening or contemptuous language or by interfering with court proceedings.^{46 (Myanmar Police Force Maintenance of Discipline Law (1995) (amended 1997) §20(b))}
• Engaging in corrupt activities.^{47 (Myanmar Police Force Maintenance of Discipline Law (1995) (amended 1997) §17(h))}
• Other acts related to damaging or interfering with potential evidence and falsifying official police records.^{48 (Myanmar Police Force Maintenance of Discipline Law (1995) (amended 1997) §§18-19)}

Anti-corruption Commission

A person may file a complaint with the Anti-Corruption Commission (ACC) against public servants, including judges, and law officers, for engaging in corrupt practices, including bribery, extortion and the abuse of office.^{49 (Anti‐Corruption Law (2013) (amended 2016 and 2017))}

Myanmar National Human Rights Commission

An individual who believes his or her fundamental human rights were violated may file a complaint with the Myanmar National Human Rights Commission (MNHRC).^{50 (Myanmar National Human Rights Commission Law (2014) §30)}
Complaints may only apply to matters that have not been already decided before a court or are still in court proceedings.^{51 (Myanmar National Human Rights Commission Law (2014) §37)}
A complainant must provide:

• Name and contact information,
• Copy of National Registration Card,
• Other details including how the complainant’s rights were violated.

MNHRC investigates complaints and may summon individuals to produce evidence except where the evidence is classified or threatens State security.^{52 (Myanmar National Human Rights Commission Law (2014) §36)}
MNHRC may recommend compensation or legal action against perpetrators.^{53 ((၂၀၁၄) မြန်မာနိုင်ငံလူ့အခွင့်အရေးကော်မရှင်ဥပဒေ ပုဒ်မ ၄၀။)}
See the MNHRC website for more information.

What you can do?

Civil suit

Seek help from a lawyer or relevant organisation, if possible.

ILO Forced Labour mechanism

Contact an ILO officer to make a complaint Here ကို နှိပ်ပါ။

Police disciplinary proceedings

As in the criminal process, there may be additional risks in reporting.

Seek help from a lawyer or relevant organisation, if possible.

Anti-corruption Commission

The person filing the complaint must provide concrete evidence in support of his or her claims to avoid defamation charges or other forms of legal action against him or her.⁵⁷

Contact the ACC for more details on how to file a complaint. Here .

As in the criminal process, there may be additional risks in reporting.

Seek help from a lawyer or relevant organisation, if possible.

Myanmar National Human Rights Commission (MNHRC)

Complaints may be filed via registered mail or delivered in person to this address (27 Pyay Road, Hlaing Township, Yangon. Republic of the Union of Myanmar). Complaints may not be filed by email.

As in the criminal process, there may be additional risks in reporting.

Seek help from a lawyer or relevant organisation, if possible.

Tips on hiring a lawyer