Law enforcement in Bhutan is the collective purview of several divisions of Bhutan's Ministry of Home and Cultural Affairs. Namely, the Ministry's Bureau of Law and Order, Department of Immigration, and Department of Local Governance are responsible for law enforcement in Bhutan. The Ministry of Home and Cultural Affairs is itself a part of the Bhutanese Lhengye Zhungtshog, or Council of Ministers. Generally, law enforcement in Bhutan is the responsibility of executive agencies. As a means of enforcement, police and immigration authorities prosecute cases in the judicial system through the Attorney General of Bhutan.
Criminal law and procedure are established by acts of parliament. The Parliament of Bhutan has passed several acts regarding law enforcement and criminal law and procedure, namely the National Security Act of 1992, the Civil and Criminal Procedure Code of 2001, the Penal Code of 2004, the Constitution of 2008, and the Prison Act of 2009. Numerous other issue-based acts, such as the Tobacco Control Act of Bhutan 2010, also define crimes, penalties, and responsible enforcement agencies.
Law enforcement in Bhutan is carried out mainly by the Royal Bhutan Police, however immigration and customs laws are also enforced by officers of the Department of Immigration. [1] [2] Under the Local Government Act of 2009, local governments are also tasked with promulgation of rules, regulation, and some law enforcement. [3] These local governments are liaised by the Department of Local Governance. [4] In judicial proceedings, all law enforcement agencies are represented and advised by the Attorney General of Bhutan. [5]
The Royal Bhutan Police is responsible for maintaining law and order and prevention of crime in Bhutan. [6] It was formed on 1 September 1965 with 555 personnel reassigned from the Royal Bhutan Army. It was then called the "Bhutan Frontier Guards." Its independent statutory basis was first codified with the Royal Bhutan Police Act of 1980. This framework was repealed and replaced in its entirety by the Royal Bhutan Police Act of 2009. Under the Police Act of 2009, the police are divided into exclusive jurisdictions, an array of ranks, and field and special divisions. Police are also charged with administration and maintenance of the prisons of Bhutan according to the Prison Act of 2009. [1]
The Department of Immigration is responsible for immigration, customs, and their enforcement. It implements regulations and policies relating to visas, foreign labor recruitment and inspection, importation of goods, and border security. [7] Its officers are granted broad authority and discretion in policing both public and private spheres, at the border and within Bhutan. [2]
The Department of Local Governance is indirectly involved in law enforcement in that it provides legal support and advice to the local Dzongkhag, Dungkhag, Gewog, and municipal administrations in cases of arbitration and disputes. [4]
Local governments for their part have regulating and rulemaking powers, including taxation, which are locally enforceable. [3]
There are many sources of criminal law in Bhutanese legislation. The highest legal authority, the Constitution of Bhutan, prohibits capital punishment. [8] Other acts of parliament criminalize specific acts and practices: for example, the Tobacco Act criminalizes the cultivation, manufacture, and sale of tobacco and tobacco products, restricts public tobacco use, criminalizes non-health-related depictions of tobacco in motion media, and modifies the crime of smuggling to include possession of tobacco beyond a person's allotted limit; [9] also, immigration- and customs-related criminal offenses and penalties, as well as quasi-criminal procedure for deportation and detention, are enumerated in the Immigration Act of 2007. [2] The most comprehensive pieces of legislation codifying Bhutanese criminal law and procedure have been the National Security Act of 1992, the Civil and Criminal Procedure Code of 2001, and the Penal Code of 2004. [10] [11] [12]
When deciding whether to prosecute cases under Bhutanese law, the Prosecution and Litigation Division of the Office of the Attorney General first evaluates whether there exists a prima facie case – whether the elements of the offense are met. When a prima facie case is established, the matter is subjected to an "Evidential Test" and a "Public Interest Test." The "Evidential Test" requires sufficient to convict the accused, and that "any reasonable judge would, without compunctions, hold the accused guilty." The "Public Interest Test" requires further that such a prosecution would not have an adverse implication on the public. [13]
The National Security Act is a series of sixteen articles enacted by the parliament of Bhutan on November 2, 1992, that superseded the provisions of the Thrimshung of 1957 pertaining to treason. Although its provisions regarding capital punishment were repealed in 2008, its other provisions regarding speech and unlawful assembly remain intact. [8] [10]
The Act condemns to death or life imprisonment those that engage in or attempt treasonable acts against the royal government, either within or outside Bhutan. It also metes out the same penalties for those who commit any overt act intending to aid and comfort enemies to deliberately and voluntarily betray the royal government. Under the act, whoever conspires within or outside Bhutan to commit any of these offenses is to be punished with imprisonment for up to ten years. [10]
The Act also punishes those who undermine or attempt to undermine Bhutan's security by creating or inciting "hatred and disaffection," including by speech, with imprisonment for up to ten years. Speech and other acts that create "misunderstanding or hostility between the government and people of Bhutan and the Government and people of any foreign country" are punishable by up to five years' imprisonment. Furthermore, the Act allows up to three years' imprisonment for those who speak or act to promote or attempt to promote "feelings of enmity or hatred between different religious, racial or language groups or castes and communities, or commits any act which is prejudicial to the maintenance of harmony between different religious, racial or language groups or castes or communities, and which disturbs or is likely to disturb the public tranquility." As such, the Act criminalizes hate speech and propaganda harmful to foreign relations. [10]
The Act authorizes the government to control public assembly to avoid breaches of the peace, namely by requiring prior licensure, prohibiting public assembly in certain government-controlled areas, and declaring curfews. It further authorizes any magistrate or police officer-in-charge to command any unlawful assembly of five or more persons to disburse if they are likely to cause a disturbance of the peace. Unlawful assemblies are categorically defined as those that seek to overawe the government or its officers by force or show of force; and those that resist the execution of any law or legal process; and those that compel by force or show of force others to do what they are not legally bound to do. Violations are punishable by imprisonment for up to one year. [10]
The Act defines rioting as the use of force by any member of an unlawful assembly in furtherance of the assembly's common object. The offense is punishable by imprisonment up to two years. Likewise, those armed with any deadly weapon as a member of an unlawful assembly are to be punished with imprisonment which may extend to two years. Those guilty of rioting while armed with a deadly weapon are to be punished with imprisonment for up to three years. [10]
Finally, the Act authorizes the Royal Government of Bhutan to declare a state of emergency covering any or all of Bhutan where "natural, social, political or economic factors compel the government to maintain public order." [10]
The modern Bhutanese Penal Code was enacted by parliament on August 11, 2004. The Penal code classifies crimes according to severity, defines the elements and defenses to crimes, and provides a framework for sentencing criminals. The Code sets forth a criminal law framework analogous to that any modern common law jurisdiction. [12]
The classes of crimes defined by the Code are felony, misdemeanor, petty misdemeanor, and violation. Misdemeanors result in imprisonment for one year or more but less than three years; petty misdemeanors result in imprisonment for one month or more but less than one year; and violations result in a fine. Felonies are graded into four degrees. First degree felonies are punishable by prison terms of fifteen years to life; second degree felonies – nine to fifteen years; third degree felonies – five to nine years; and fourth degree felonies – three to five years. [12]
Elements and defenses to crimes are codified thematically, along with their class and grading. For example, premeditated murder is listed among "homicide," graded as a first degree felony; and "unnatural sex," including sodomy, is listed among "sexual offences," graded as a petty misdemeanor. [12]
Under the Act, the class and grading of the crime committed, along with a "value-based sentencing" schedule, generally inform the sentencing of criminals. Subsequent convictions for the same crime face sentencing enhancement by one degree. Fines are limited under the sentencing provisions, and the value of any damages is to factor into sentencing. When sentencing, courts are also allowed to consider mitigating and aggravating factors. [12]
Bhutanese criminal law was first codified in the 16th century Tsa Yig. Based on Buddhist religious law, the Tsa Yig prohibited immoral crimes such as murder in regard to all persons, and prohibited other immoral acts such unchastity in regard to the Sangha. [14] As a modern nation, Bhutan revised the Tsa Yig in 1957 and ostensibly replaced it with a new code in 1965. The 1965 code, however, retained most of the spirit and substance of the 17th century code. In modern Bhutan, village heads often judged minor cases and dzongkhag (district) officials adjudicated major crimes. [15]
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments, including capital punishment, could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon.
Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word theft is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, theft is considered to be synonymous with larceny, while in others, theft is defined more narrowly. A person who engages in theft is known as a thief.
Burglary, also called breaking and entering (B&E) and housebreaking, is the act of illegally entering a building or other areas without permission, typically with the intention of committing a further criminal offence. Usually that offence is theft, larceny, robbery, or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to burgle, a term back-formed from the word burglar, or to burglarize.
A citizen's arrest is an arrest made by a private citizen – a person who is not aging as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.
A law enforcement officer (LEO), or police officer or peace officer in North American English, is a public-sector or private-sector employee whose duties primarily involve the enforcement of laws, protecting life & property, keeping the peace, and other public safety related duties. Law enforcement officers are designated certain powers & authority by law to allow them to carry out their responsibilities.
A habitual offender, repeat offender, or career criminal is a person convicted of a crime who was previously convicted of other crimes. Various state and jurisdictions may have laws targeting habitual offenders, and specifically providing for enhanced or exemplary punishments or other sanctions. They are designed to counter criminal recidivism by physical incapacitation via imprisonment.
Censorship in Bhutan refers to the way in which the Government of Bhutan controls information within its borders. There are no laws that either guarantee citizens' right to information or explicitly structure a censorship scheme. However, censorship in Bhutan is still conducted by restrictions on the ownership of media outlets, licensing of journalists, and the blocking of websites.
In the common law legal system, an expungement or expunction proceeding, is a type of lawsuit in which an individual who has been arrested for or convicted of a crime seeks that the records of that earlier process be sealed or destroyed, making the records nonexistent or unavailable to the general public. If successful, the records are said to be "expunged". Black's Law Dictionary defines "expungement of record" as the "Process by which record of criminal conviction is destroyed or sealed from the state or Federal repository." While expungement deals with an underlying criminal record, it is a civil action in which the subject is the petitioner or plaintiff asking a court to declare that the records be expunged.
The term aggravated felony was used in the United States immigration law to refer to a broad category of criminal offenses that carry certain severe consequences for aliens seeking asylum, legal permanent resident status, citizenship, or avoidance of deportation proceedings. Anyone convicted of an aggravated felony and removed from the United States "must remain outside of the United States for twenty consecutive years from the deportation date before he or she is eligible to re-enter the United States." The supreme court ruled 5-4 in Sessions v. Dimaya that the residual clause was unconstitutionally vague limiting the term.
California criminal law generally follows the law of the United States. However, there are both substantive and procedural differences between how the United States federal government and California prosecute alleged violations of criminal law. This article focuses exclusively on California criminal law.
Bhutan has a low crime rate. Incidents of petty crime are occasionally reported in the country. Violent crime is very uncommon. Some cases of drug abuse are reported; alcohol abuse is a problem. But in general, drug trafficking is low. The most serious threat to Bhutan's security is terrorism by different terrorist groups from neighboring countries illegally camped in the nation.
The Bhutanese Constitution of 2008 and previous law provide for freedom of religion in Bhutan; however, the government has limited non-Buddhist missionary activity, barring non-Buddhist missionaries from entering the country, limiting construction of non-Buddhist religious buildings, and restricting the celebration of some non-Buddhist religious festivals.
Health in Bhutan is one of the government's highest priorities in its scheme of development and modernization. Health and related issues are overseen by the Ministry of Health, itself represented on the executive Lhengye Zhungtshog (cabinet) by the Minister of Health. As a component of Gross National Happiness, affordable and accessible health care is central to the public policy of Bhutan.
The judicial system of Bhutan is the purview of the Royal Court of Justice, the judicial branch of the government of Bhutan under the Constitution of 2008. The judicial system comprises the Judicial Commission, the courts, the police, the penal code, and regulations on jabmi (attorneys).
The law of Bhutan derives mainly from legislation and treaties. Prior to the enactment of the Constitution, laws were enacted by fiat of the King of Bhutan. The law of Bhutan originates in the semi-theocratic Tsa Yig legal code, and was heavily influenced through the twentieth century by English common law. As Bhutan democratizes, its government has examined many countries' legal systems and modeled its reforms after their laws.
Bhutanese nationality law is the law governing the acquisition, transmission and loss of Bhutanese citizenship. The Bhutanese Citizenship Act of 1985 was introduced by the Druk Gyalpo Jigme Singye Wangchuck, on June 10, 1985, modifying the definition of a Bhutanese citizen. The Act was implemented as part of a new national policy of Driglam Namzha, national customs and etiquette. Because of its emphasis on Bhutanese culture, the Act is also referred to as the "One Nation, One People Act." The 1985 Act was amended by the Immigration Act of 2007 and then superseded in 2008 by the Constitution of Bhutan insofar as previous laws are inconsistent; where not inconsistent, the provisions of the 2007 Act, the 1985 Act, and previous Acts relating to immigration continue in effect.
In the United States, each state and territory sets the age of consent either by statute or the common law applies, and there are several federal statutes related to protecting minors from sexual predators. Depending on the jurisdiction, the legal age of consent is between 16 and 18. In some places, civil and criminal laws within the same state conflict with each other.
In the United States, the law for murder varies by jurisdiction. In many US jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first-degree murder and felony murder are the most serious, followed by second-degree murder and, in a few states, third-degree murder, which in other states is divided into voluntary manslaughter, and involuntary manslaughter such as reckless homicide and negligent homicide, which are the least serious, and ending finally in justifiable homicide, which is not a crime. However, because there are at least 52 relevant jurisdictions, each with its own criminal code, this is a considerable simplification.
The Tobacco Control Act of Bhutan was enacted by the Parliament of Bhutan on 6 June 2010 and came into force on 16 June. It regulates tobacco and tobacco products, banning the cultivation, harvesting, production, and sale of tobacco and tobacco products in Bhutan. The act also mandates that the government of Bhutan provide counselling and treatment to facilitate tobacco cessation. Premised on the physical health and well being of the Bhutanese people – important elements of Gross National Happiness – the Tobacco Control Act recognizes the harmful effects of tobacco consumption and exposure to tobacco smoke on both spiritual and social health.
Refusing to assist a police officer, peace officer or other law enforcement officer is an offence in various jurisdictions around the world. Some jurisdictions use the terminology '"refusing to aid a police officer" or "failure to aid a police officer".