{"id":7882,"date":"2024-09-14T08:31:25","date_gmt":"2024-09-14T08:31:25","guid":{"rendered":"http:\/\/18.142.13.124\/?page_id=7882"},"modified":"2024-09-29T10:16:49","modified_gmt":"2024-09-29T10:16:49","slug":"help-details-reporting-crimes","status":"publish","type":"page","link":"https:\/\/lannpya.com\/en\/help-details-reporting-crimes\/","title":{"rendered":"I would like to report a crime\/make a complaint"},"content":[{"section_id":"1723558329843-491a47a7-6fd1","section_title":"\u101b\u1032\u1021\u101b\u102c\u101b\u103e\u102d\u1019\u103b\u102c\u1038\u1011\u1036\u1021\u1019\u103e\u102f\u1000\u102d\u102f \u101e\u1010\u1004\u103a\u1038\u1015\u102d\u102f\u1037 \u1010\u102d\u102f\u1004\u103a\u1000\u103c\u102c\u1038\u1001\u103c\u1004\u103a\u1038\u104b","content":"

Report any information at the police station to where the crime occurred1 (Criminal Procedure Code \u00a7154; \u00a7155(1); Police Manual para. 1414)<\/sup><\/strong>\u00a0 or to where the consequence of the crime occurred.2 (Criminal Procedure Code \u00a7179; \u00a7156(1); \u00a7155) <\/sup><\/strong>\u00a0 .
\nIf the person reporting the crime is not the victim, it is important to first get the consent of the other person, the alleged victim, where possible.
\nIf the offence is cognizable the police officer must open a First Information Report(FIR).3 (Criminal Procedure Code \u00a7154; Police Manual para. 1414;)<\/sup><\/strong>
\nIf the offence is non-cognizable, and the person reporting to the police wishes to initiate a criminal case, the police will record the complaint and direct the complainant to the appropriate court.4 (Criminal Procedure Code \u00a7155(1); \u00a7190 (1)(b);)<\/sup><\/strong>
\nWhen reporting to the police, the police will take a statement from the informant.
\nIt 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.5 (Evidence Act (1872)(amended 2015) \u00a7145; \u00a7155(3); \u00a7157; Criminal Procedure Code \u00a7162(1); Police Manual para. 1414.)<\/sup><\/strong>
\nIn some circumstances, victims may face legal consequences as a result of reporting a crime.
\nA police officer may decline to investigate if there is not enough evidence.6 (Criminal Procedure Code \u00a7157 (1)(b))<\/sup><\/strong>
\nIf 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.7 (Criminal Procedure Code \u00a7157(1); \u00a7156(1))<\/sup><\/strong>
\nThe police shall notify the person providing information if they will or will not proceed with the investigation.8 (Criminal Procedure Code \u00a7157(2))<\/sup><\/strong><\/p>

\u00a0<\/p>

Report a crime to the police station closest to offence or consequences of the offence. There are some risks in reporting to the police.
\nWhere possible, seek help from a lawyer or legal organisation.
\nIt may be necessary to contact health services, particularly in instances of sexual assault emergency health services should be contacted as soon as possible.
\nVictims of crime should consider additional services such as counselling, health services, and shelter, as well as legal support.
\nIf the police officer fails to perform his or her duties, such as opening an FIR, such misconduct may be addressed through administrative proceedings under the Myanmar Police Force Maintenance of Discipline Law (1995).
\nCorruption involving public officials such as police officers may be reported to the Anti-Corruption Commission (ACC). See Alternatives to criminal proceedings.
\nVictims cannot be prosecuted for actions they were forced to commit as part of being trafficked under the Anti-Trafficking in Persons Law (2005).54 (Anti-Trafficking in Persons Law (2005) \u00a713(a)) <\/sup><\/strong>\u00a0 If so, report the case to the Anti-Trafficking Task Force.<\/p>

\u00a0<\/p>

Tips on hiring a lawyer<\/a><\/p>"},{"section_id":"1723558329858-7c00b56e-ff0a","section_title":"\u1010\u101b\u102c\u1038\u101b\u102f\u1036\u1038\u101e\u102d\u102f\u1037 \u1026\u1038\u1010\u102d\u102f\u1000\u103a\u101c\u103b\u103e\u1031\u102c\u1000\u103a\u1011\u102c\u1038\u1010\u102d\u102f\u1004\u103a\u1000\u103c\u102c\u1038\u1001\u103c\u1004\u103a\u1038\u104b","content":"

With some exceptions, a criminal case can be initiated by any person with information about an alleged offence.9 (Criminal Procedure Code \u00a7154; \u00a7155(1))<\/sup><\/strong>
\nIf all the offences alleged are non-cognizable, the complaint must be filed with the court directly.10 ()<\/sup>
\nIf any of the offences are cognizable, a report should be filed with the police11 (Criminal Procedure Code \u00a7154)<\/strong> \u00a0<\/sup>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.<\/p>

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.
\nAfter filing the complaint, the judge will examine the person filing the complaint (complainant) under oath.12 (Criminal Procedure Code \u00a7200(A))<\/sup><\/strong>
\nIt 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) \u00a7145; \u00a7155(3); \u00a7157; Criminal Procedure Code \u00a7162(1); Police Manual para. 1414.)<\/sup><\/strong>
\nIn some circumstances, victims may face legal consequences as a result of reporting a crime.
\nAfter examination, the judge may refer the case back to the police to investigate14 (Criminal Procedure Code \u00a7202(1); \u00a7155(2)-(3)) <\/sup><\/strong>\u00a0or the judge shall direct the complaint to the proper court15 (Criminal Procedure Code \u00a7202(1))<\/sup><\/strong>\u00a0 or the judge shall dismiss in his judgement no sufficient ground for proceeding16 (Criminal Procedure Code \u00a7203)<\/sup><\/strong>\u00a0 or the judge can issue summon or warrant to take an action.17 (Criminal Procedure Code \u00a7204)<\/sup><\/strong>\u00a0 \u1019\u103b\u102c\u1038\u1015\u103c\u102f\u101c\u102f\u1015\u103a\u1019\u100a\u103a \u1016\u103c\u1005\u103a\u101e\u100a\u103a\u104b
\nA judge may also dismiss the case due to lack of sufficient evidence.18 (Criminal Procedure Code \u00a7203)<\/sup><\/strong>
\nIf 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 \u00a7493)<\/sup><\/strong><\/p>

\u00a0<\/p>

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

\u00a0<\/p>

Tips on hiring a lawyer<\/a><\/p>"},{"section_id":"1723559393613-cd3959c7-0a77","section_title":"\u101b\u1032\u1021\u101b\u102c\u101b\u103e\u102d\u1019\u103e \u1021\u1019\u103e\u102f\u1000\u102d\u102f \u1005\u102f\u1036\u1005\u1019\u103a\u1038\u1011\u1031\u102c\u1000\u103a\u101c\u103e\u1019\u103a\u1038\u1001\u103c\u1004\u103a\u1038\u104b","content":"

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 \u00a7157(1); \u00a7156(1))<\/sup><\/strong>
\nA police officer may only investigate non-cognizable offences upon the order of a judge.21 (Criminal Procedure Code \u00a7155(2)-(3))<\/sup><\/strong>
\nThe police shall notify the person providing information if they will or will not proceed with the investigation.22 (Criminal Procedure Code \u00a7157(2))<\/sup><\/strong>
\nEvery investigation shall be conducted by the police without unnecessary delay.23 (Criminal Procedure Code \u00a7173(1))<\/sup><\/strong>
\nThe police may request persons who may have knowledge of the circumstances of the case to the police station for questioning.24 (Criminal Procedure Code \u00a7160-1)<\/sup><\/strong>
\nNo 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 \u00a7163(2))<\/sup><\/strong>
\nAny 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) \u00a7145; \u00a7155(3); \u00a7157; Criminal Procedure Code \u00a7162(1); Police Manual para. 1414.)<\/sup><\/strong>
\nWhere 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.<\/p>

\u00a0<\/p>

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

Tips on hiring a lawyer<\/a><\/p>"},{"section_id":"1726152674243-36f5094b-e076","section_title":"\u1010\u101b\u102c\u1038\u101b\u102f\u1036\u1038\u1010\u103d\u1004\u103a \u101e\u1000\u103a\u101e\u1031\u1011\u103d\u1000\u103a\u1006\u102d\u102f\u1001\u103c\u1004\u103a\u1038\u104b","content":"

The complainant may hire a lawyer who may then prosecute the case under the supervision of a law officer.27 (Criminal Procedure Code \u00a7493)<\/sup><\/strong><\/p>

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) \u00a7118; \u00a7132)<\/sup><\/strong>
\nA 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 \u00a790(a))<\/sup><\/strong><\/p>

\u00a0<\/p>

The accused has the right to cross-examine the witnesses testifying against him or her.30 (Criminal Procedure Code \u00a7208(2))<\/sup><\/strong>
\nStatements 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) \u00a7145; \u00a7155(3); \u00a7157; Criminal Procedure Code \u00a7162(1); Police Manual para. 1414.)<\/sup><\/strong>
\nA 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) \u00a7155(4))<\/sup><\/strong>
\nThe judge shall forbid any questions that are improper in form.33 (Evidence Act (1872)(amended 2015) \u00a7152)<\/sup><\/strong>
\nThe 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) \u00a7151)<\/sup><\/strong><\/p>

\u00a0<\/p>

\u00a0<\/p>

Under Myanmar law, trial proceedings shall be open to the public.35 (Code of Criminal Procedure \u00a7352; Constitution (2008) Art. 19(b))<\/sup><\/strong>
\nThere are a few narrow exceptions to public criminal trials, including closed-door proceedings for accused persons in juvenile court.36 (Child Rights Law (2019)\u00a784(b))<\/sup><\/strong>
\nThe presiding judge has the authority to close the court to the public in all criminal proceedings when appropriate.37 (Code of Criminal Procedure \u00a7352)<\/sup><\/strong>
\nThe 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) \u00a760A(1)(a),(b),(d))<\/sup><\/strong>
\nWomen, 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) \u00a711(a))<\/sup><\/strong>
\nIn specific circumstances, a judge may deny public access to court documents.40 (Anti-Trafficking in Persons Law (2005) \u00a711(b))<\/sup><\/strong>
\nIn 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) \u00a785(b) and \u00a796; Anti-Trafficking in Persons Law (2005) \u00a711(c))<\/sup><\/strong><\/p>

\u00a0<\/p>

Complainants, victims, and witnesses should seek legal help wherever possible.<\/p>

\u00a0<\/p>

It is important to attend the proceedings as required and to testify as truthfully as possible.
\nFailure 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 \u00a790(a))<\/sup><\/strong>
\nNot testifying truthfully may lead to the accused\u2019s acquittal and even criminal charges.56 (Penal Code \u00a7193)<\/sup><\/strong>
\nIf 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.
\nSeveral organisations provide support to testifying witnesses and complainants.<\/p>

Object to all questions that are not relevant, harassing, improper in form, or otherwise seem indecent.<\/p>

If the subject matter of the testimony is sensitive, embarrassing or in some way offends the witness\u2019s dignity, he or she should request to testify privately or that the judge at least denies public access to the courtroom.
\nFor similar reasons, a complainant or witness should consider requesting that personal identifying details remain confidential and not released to the public.
\nWomen, 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.<\/p>

Tips on hiring a lawyer<\/a><\/p>"},{"section_id":"1726302604075-5f6e1d5c-ca9c","section_title":"\u1021\u1001\u103c\u102c\u1038\u1014\u100a\u103a\u1038\u101c\u1019\u103a\u1038\u1016\u103c\u1004\u1037\u103a \u1000\u102f\u1005\u102c\u1038\u1019\u103e\u102f\u1019\u103b\u102c\u1038\u101b\u103e\u102c\u1016\u103d\u1031\u1001\u103c\u1004\u103a\u1038\u104b","content":"

\u00a0<\/p>

A victim may wish to file a civil complaint in order to receive compensation for any loss or injury.42 (Code of Civil Procedure \u00a719)<\/sup><\/strong><\/p>

\u00a0<\/p>

Myanmar citizens and residents have the right to lodge a complaint alleging forced labour practices with an International Labour Organization (ILO) Liaison Officer.
\nThe 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.<\/p>

\u00a0<\/p>

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

\u00a0<\/p>

\u00a0<\/p>

\u00a0<\/p>

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\u2010Corruption Law (2013) (amended 2016 and 2017))<\/sup><\/strong><\/p>

\u00a0<\/p>

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) \u00a730)<\/sup><\/strong>
\nComplaints 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) \u00a737)<\/sup><\/strong>
\nA complainant must provide:<\/p>

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) \u00a736)<\/sup><\/strong>
\nMNHRC may recommend compensation or legal action against perpetrators.53 ((\u1042\u1040\u1041\u1044) \u1019\u103c\u1014\u103a\u1019\u102c\u1014\u102d\u102f\u1004\u103a\u1004\u1036\u101c\u1030\u1037\u1021\u1001\u103d\u1004\u1037\u103a\u1021\u101b\u1031\u1038\u1000\u1031\u102c\u103a\u1019\u101b\u103e\u1004\u103a\u1025\u1015\u1012\u1031 \u1015\u102f\u1012\u103a\u1019 \u1044\u1040\u104b)<\/sup><\/strong>
\nSee the MNHRC website for more information.<\/p>

\u00a0<\/p>

Seek help from a lawyer or relevant organisation, if possible.<\/p>

Contact an ILO officer to make a complaint\u00a0Here<\/a>\u00a0\u1000\u102d\u102f \u1014\u103e\u102d\u1015\u103a\u1015\u102b\u104b<\/b><\/p>

As in the criminal process, there may be additional risks in reporting.<\/p>

Seek help from a lawyer or relevant organisation, if possible.<\/p>

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<\/a><\/sup><\/p>

Contact the ACC for more details on how to file a complaint.\u00a0Here<\/a>\u00a0.<\/p>

As in the criminal process, there may be additional risks in reporting.<\/p>

Seek help from a lawyer or relevant organisation, if possible.<\/p>

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.<\/p>

As in the criminal process, there may be additional risks in reporting.<\/p>

Seek help from a lawyer or relevant organisation, if possible.<\/p>

Tips on hiring a lawyer<\/a><\/p>"}],"excerpt":{"rendered":"\u1021\u1019\u103e\u102f\u101b\u1004\u103a\u1006\u102d\u102f\u1004\u103a\u101b\u102c\u1010\u103d\u1004\u103a \u1021\u1006\u1004\u1037\u103a\u1010\u1005\u103a\u1001\u102f\u1001\u103b\u1004\u103a\u1038\u1005\u102e\u104c \u1015\u102b\u101d\u1004\u103a\u101e\u100a\u1037\u103a \u101e\u1004\u103a\u104f \u101b\u1015\u102d\u102f\u1004\u103a\u1001\u103d\u1004\u1037\u103a\u1019\u103b\u102c\u1038\u1021\u1000\u103c\u1031\u102c\u1004\u103a\u1038 \u1021\u1031\u102c\u1000\u103a\u1015\u102b\u1021\u1006\u1004\u1037\u103a\u1019\u103b\u102c\u1038\u1000\u102d\u102f \u1014\u103e\u102d\u1015\u103a\u104d \u1000\u103c\u100a\u1037\u103a\u101b\u103e\u102f\u1014\u102d\u102f\u1004\u103a\u101e\u100a\u103a\u104b\u101b\u1032\u1021\u101b\u102c\u101b\u103e\u102d\u1019\u103b\u102c\u1038\u1011\u1036\u1021\u1019\u103e\u102f\u1000\u102d\u102f \u101e\u1010\u1004\u103a\u1038\u1015\u102d\u102f\u1037 \u1010\u102d\u102f\u1004\u103a\u1000\u103c\u102c\u1038\u1001\u103c\u1004\u103a\u1038\u104b \u1015\u103c\u1005\u103a\u1019\u103e\u102f\u1010\u1005\u103a\u1001\u102f \u1014\u103e\u1004\u1037\u103a \u1015\u1010\u103a\u101e\u1000\u103a\u101e\u100a\u1037\u103a \u1019\u100a\u103a\u101e\u100a\u1037\u103a\u1021\u1000\u103c\u1031\u102c\u1004\u103a\u1038\u1021\u101b\u102c\u1000\u102d\u102f \u1019\u1006\u102d\u102f \u1016\u103c\u1005\u103a\u1015\u103d\u102c\u1038\u101e\u100a\u1037\u103a \u1014\u1031\u101b\u102c1 (\u101b\u102c\u1007\u101d\u1010\u103a\u1000\u103b\u1004\u1037\u103a\u1011\u102f\u1036\u1038\u1025\u1015\u1012\u1031 \u1015\u102f\u1012\u103a\u1019 \u1041\u1045\u1044\u104a \u1041\u1045\u1045(\u1041)\u104b \u101b\u1032\u101c\u1000\u103a\u1005\u103d\u1032\u1021\u1015\u102d\u102f\u1012\u103a\u1001\u103d\u1032 \u1041\u1044\u1041\u1044\u104b)\u00a0 \u101e\u102d\u102f\u1037\u1019\u101f\u102f\u1010\u103a \u1015\u103c\u1005\u103a\u1019\u103e\u102f\u104f 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