Prosecution Department

According to the Constitution of the Republic of the Union of Myanmar, the Attorney General of the Union Law and its Rules, the Prosecution Department is formed with the following divisions:

(a)     Pre-trial Legal Advice and Submissions Scrutiny Division;

(b)     Criminal Prosecution Division for the Supreme Court of the Union;

(c)     Criminal Appeal, Revision Scrutiny Division;

(d)     Prosecution Division for Union Level Organisations, Government Departments and Government       Organisations;

(e)     Civil Litigation Division.

Functions of the Pre-trial Legal Advice and Submissions Scrutiny Division

  1. The Pre-trial Legal Advice and Submissions Scrutiny Division is responsible for giving pre-trial legal advice to the prosecuting bodies when so directly requested by them, giving legal advice to the relevant ministries, government departments and government organisations when so directly requested by them, giving guidance to the Region or State Advocate General’s Offices, approving, amending and directing the relevant law offices to amend the legal advice after scrutinizing legal advice of the relevant District Law Offices, Township Law Offices approved or amended by the Region or State Advocate General’s Office and scrutinizing written submissions or complaints in accordance with the Attorney General of the Union Law and its Rules. (Attorney General of the Union Rules 61, 72, 81 (d), 82 (c), 82 (b))
  2. The Pre-trial Legal Advice and Submissions Scrutiny Division (UAGO) or the Region or State Advocate General’s Office under the permission of the Union Attorney General’s Office asks for the original police paper from the relevant law office if required, returns it to the relevant law office with remarks and guidance for the emergence of the truth after scrutinizing the original police paper. With respect to written submissions and complaints, this Division directs the relevant Region or State Advocate General or relevant Region or State law officer, according to the remarks of the Attorney General of the Union, Deputy Attorney General and Director Generals and law officers from this Division, to scrutinize and submit them back, according to the remarks of the Attorney General of the Union, Deputy Attorney General and Director Generals and law officers from this Division, informs the relevant law office to act on them in accordance with law, refers them to the relevant State or Region Advocate General to take action as necessary, directs the relevant Region or State law officer to supervise the relevant law officer for taking action on submissions or complaints in accordance with law. If a complaint is about giving legal advice, this Division is responsible for scrutinizing the original police paper with the remark of the Attorney General of the Union and the Deputy Attorney General, and amending or approving the legal advice in accordance with law based on the findings, and if a complaint is about a case which has not been given legal advice, directing the relevant law office to give legal advice in accordance with law. (Attorney General of the Union Rules 85, 86, 88, 89, 90)
  3. If the relevant Region or State Advocate General or Region or State Law Officer submits their findings on a submission or complaint, this Division scrutinizes whether the findings are acceptable and takes the decision of the Attorney General of the Union after submitting it hierarchically. According to the findings on a submission or complaint of the relevant Region or State Advocate General’s or Region or State Law Officers, this Division notifies the relevant law officer and instructs to act on them in accordance with law.
  4. If the President Office, Office of the Union Government and Hluttaw Committees instruct the UAGO to scrutinize submissions or complaints, or to submit the circumstance of a case, this Division instruct the relevant Region or State Advocate General’s Office to submit the findings immediately and then submit them to the President Office and the Office of the Union Government. If Myanmar National Human Rights Commission forwards the submissions or complaints related to the Union Attorney General’s Office, this Division instructs the relevant Region or State Advocate General’s Office to scrutinize them.

Functions of the Criminal Prosecution Division for the Supreme Court of the Union

  1. The Criminal Prosecution Division for the Supreme Court of the Union is responsible for appearing in original criminal cases, revisions, appeals, cases for confirmation of death sentence, miscellaneous applications, and special appeals on behalf of the State as public prosecutors at the Supreme Court of the Union under sub-section (g) of section 12 of the Attorney General of the Union Law. Moreover, this Division is responsible for appearing in cases as amicus curiae in which the State is a party.
  2. The Criminal Prosecution Division for the Supreme Court of the Union hires a defence lawyer at government expense for an accused in poverty alleged with an offence punishable with death when the Supreme Court of the Union notifies the UAGO to do so, and assign a lawyer, in writing, to conduct as a defence lawyer.
  3. When the Criminal Prosecution Division for the Supreme Court of the Union finds that a special appeal should be filed against the final decision in a criminal appeal or revision, it shall file an appeal to the Supreme Court of the Union within the limitation period.
  4. The Criminal Prosecution Division of the Supreme Court of the Union shall apply to the Supreme Court of the Union, for making a decision by the Chief Justice whether a case should be re-tried by the Special Appeal Court or Full Bench under Section 20 of the Union Judiciary Law if any prima facie issue arises for the interests of the public in any case which has been finally adjudicated by the Supreme Court other than the cases adjudicated by the Special Appeal Court or Full Bench.
  5. The Criminal Prosecution Division for the Supreme Court of the Union asks for necessary orders, judgments, decisions, case files and other documents from the Supreme Court of the Union, and relevant courts and prosecuting bodies if it is necessary to scrutinize legal matters under the assignment of the Attorney General of the Union.
  6. When the Supreme Court of the Union requests the new address of a respondent or appellant because summons cannot be served on them in criminal appeals, revisions or miscellaneous applications submitted by the State, this division shall notify the relevant Region or State Advocate General’s Office to submit the new address. If the new address cannot be found, this division shall notify the Supreme Court of the Union to close the case temporarily in accordance with section 561-A of the Code of Criminal Procedure.

Functions of the Criminal Appeal, Revision Scrutiny Division

  1. Under section 12(i) and section 13(d) of the Attorney General of the Union Law, the Criminal Appeal, Revision Scrutiny Division of the Prosecution Department is responsible for filing appeals, revisions or special appeals against judgments, orders or decisions passed by any High Court of the Region or State to the Supreme Court of the Union, if necessary.
  2. The Criminal Appeal, Revision Scrutiny Division scrutinizes the submission of the relevant Region or State Advocate General’s Offices whether an appeal or revision should be filed and submit it to the Director General of the Prosecution Department through Deputy Director General. The Director General scrutinizes and submits it to the Deputy Attorney General. If the Deputy Attorney General decides to file an appeal or revision, this Division files an appeal or revision to the Supreme Court of the Union. If the Deputy Attorney General finds that an appeal or revision should not be filed, the Deputy Attorney General submits it to the Attorney General with remarks and take the decision of the Attorney General. This Division informs the said decisions to the relevant Region or State Advocate General’s Offices.
  3. This Division is responsible for filing criminal miscellaneous cases to the Supreme Court of the Union in respect of a change of venue requested by the prosecuting bodies such as the Criminal Investigation Department, Information Police Force, the Bureau of Special Investigation, because of difficulty in bringing the accused from one Region or State to another.
  4. This Division is responsible for scrutinizing complaints of aggrieved parties about the performance or decision of various levels of court. If the Union Attorney General and the Deputy Attorney General decide to file an appeal or revision, this Division informs the relevant Region or State Advocate General’s Office to file an appeal or revision to the relevant court. If it is to be submitted to the Supreme Court of the Union, this Division files an appeal or revision to the Supreme Court of the Union after requesting certified copies of judgments of the relevant court from the relevant Region or State Advocate General’s Office.
  5. This Division is responsible for scrutinizing applications of government departments, government organisations or aggrieved persons to file special appeals against the orders passed by the Supreme Court of the Union and then acts on the applications or files special appeal in accordance with the decision of the Union Attorney General.
  6. This Division scrutinizes the U-Pa-Ya Case Conducting Form (5) submitted by Region or State Advocate General’s Office whether it should be approved. This Division with the approval of the Director General, requests the relevant Region or State office to fill the form completely and to send, certified copies of judgments of various levels of court, if necessary. When the Region or State Advocate General’s Office sends certified copies of judgments, this division submits them to the Deputy Attorney General and the Attorney General of the Union. If they decide to file an appeal or revision, the Division files it to the Supreme Court of the Union. If a revision shall be filed to the relevant court, this Division directs the relevant Region or State Advocate General’s Office to file a revision.

Functions of the Prosecution Division for Union Level Organisations, Government Departments and Government Organisations

  1. Prosecution Division for the Union Level Organisations, Government Departments and Government Organisations is responsible for appearing in the application of writ to the Supreme Court of the Union and, in the cases heard in the Constitutional Tribunal and courts on behalf of the State or as amicus curiae under section 12 (e) of the Attorney General of the Union Law, 2010, section 17 of the Law Relating to Application of Writ, 2014 and rule 160 (a) of the Attorney General of the Union Rules.
  2. Director General of the Prosecution Department appears in the cases heard in the Constitutional Tribunal as amicus curiae on behalf of Attorney General of the Union.
  3. A law officer not inferior than Deputy Director of this Division shall appear at hearings of objection to election before Electoral Tribunal, and at hearings of appeal before the Union Election Commission as amicus curiae on behalf of Union Attorney General under the Pyithu Hluttaw Election Law, the Amyotha Hluttaw Election Law and the Region or State Election Law and gives legal advice in accordance with law when so requested.
  4. The director of this Division is responsible for appearing on behalf of the Attorney General of the Union in the application of writ before the final hearing board in the Supreme Court of the Union in accordance with rules relating to the Application of Writ.
  5. The relevant government department or organization which is the respondent to an application of writ submits a letter of coordination to the Union Attorney General’s Office, a copy of reply, affidavit and the power of attorney signed by the respondent to the Director General of the prosecution department through the director. The letter of coordination shall be addressed to the Attorney General of the Union by the Head of the Ministry or to the Director General by Head of Civil Service Organisation.
  6. This Division discusses with the relevant department or organization about the difficulties in submitting a reply to the Supreme Court of the Union.
  7. Law officers from this Division write draft arguments for the application of writ under the preliminary order of the Supreme Court of the Union. After submitting this argument hierarchically, they submit the arguments and give oral argument to the final hearing board with the permission of the Director General. The Decision made by the final hearing board is final and conclusive. Moreover, this Division gives legal advice and scrutinizes complaints with respect to writs.
  8. In communicating with the relevant government organisations which is issued writs, the Union Attorney General’s Office issues a notification on necessary documents concerning the application of writs and delivers to all Union ministries, the Office of the Auditor General, the Union Civil Service Board, the Central Bank of Myanmar, Nay Pyi Taw Council and Region or Sate Advocate General’s Offices with letter number 3/(DG)1-1/ (1551) Union Attorney General’s Office of the dated 11th August, 2017.
  9. This Division appeared in 68 applications of writ to the Supreme Court of the Union from January to December in 2016 and appeared as amicus curiae in two appeals against objection to election by the invitation of the Union Election Commission from January to December in 2017.

Functions of the Civil Litigation Division

  1. The Civil Litigation Division gives legal advice on civil cases to Government Departments, Government Organisations and other Departments if so requested by them. It also gives guidance on civil cases requested by the Region or State Advocate General’s Office.
  2. This Division is responsible for scrutinizing legal advices on civil cases sent by the Region or State Advocate General’s Offices and approves or amends them if it is necessary.
  3. This Division scrutinizes completion forms of original civil cases, civil execution cases submitted by the Region or State Advocate General’s Offices and approves them. It also submits appeals, revisions, reviews or miscellaneous applications to the Supreme Court of the Union if it is necessary, and appears in such cases.
  4. This Division is also responsible for scrutinizing interim order or final order and filing an appeal, revision or review against such orders to the Supreme Court of the Union when so requested by the Region or State Advocate General’s Office and appears in such cases.
  5. With regard to guidance requested by the Region or State Advocate General’s Office, this Division scrutinizes and amends or approves the notice relating to civil case, documents such as pleadings, applications, objection and arguments that are to be submitted to the Region or State High Court.
  6. This Division is responsible for appearing in civil appeals, revisions, reviews and miscellaneous applications against Government department and organizations applied by any other person at the Supreme Court of the Union when so requested by the relevant Government departments and organisations on behalf of them.
  7. This Division scrutinizes whether a sanction should be issued to file under section 92 of the Civil Procedure Code upon public charity or religious affairs and submits it to the Attorney General of the Union. It also replies to pre-trial notices sent to the relevant Government department or organization under section 80 of the Civil Procedure Code and scrutinizes pre-trial notices to be sent to the relevant defendant by the relevant Government department or organization.