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INVESTIGATION OF CRIME AND RIGHTS OF THE SUSPECT SUMMARY REPORT OF THE RAPPORTEUR (FROM UNAFEI - REPORT FOR 1977 AND RESOURCE MATERIAL SERIES NO 15, 1978 - SEE NCJ-58438)

NCJ Number
58449
Author(s)
A B ALIAS
Date Published
1978
Length
6 pages
Annotation
AN ASIAN GROUP OF THREE POLICE OFFICERS, TWO PUBLIC PROSECUTORS, AND A DISTRICT ATTORNEY, PRESENTED PAPERS ON CAUSES FOR DELAYS IN THEIR COUNTRIES' CRIMINAL JUSTICE SYSTEM. THIS PAPER SUMMARIZES THE REPORTS.
Abstract
DELAYS IN CRIMINAL INVESTIGATIONS AND TRIALS IN NEPAL ARE ATTRIBUTABLE TO THE PHYSICAL AND GEOGRAPHICAL CONDITIONS OF THE COUNTRY, 85 PERCENT OF THE COUNTRY IS COVERED WITH MOUNTAINS AND HILLS WITH MANY RIVERS, AND THE INADEQUACY OF PERSONNEL IN TERMS OF THEIR TRAINING AND FACILITIES. IN BANGLADESH, DELAYS IN THE CRIMINAL INVESTIGATION PROCESS ARE RELATED TO ADMINISTRATIVE AND MANAGEMENT PROBLEMS AND TO A LESSER EXTENT TO THE LACK OF TRAINED PERSONNEL AND FACILITIES. BANGLADESH TRIAL DELAYS ARISE FROM ADMINISTRATIVE CAUSES SUCH AS THE LACK OF MAGISTRATES AND THE DEMANDS PLACED UPON THEM, AND FROM TRIAL PROCEDURE BY WHICH CASES HEARD IN SESSIONS COURT MUST FIRST BE PRECEEDED BY A PRELIMINARY INQUIRY BY THE MAGISTRATE COURT. IN INDONESIA, SUSPECTS CAN BE HELD IN DETENTION BY POLICE FOR 20 DAYS AND BY THE PROSECUTOR FOR 30 DAYS. IT WAS SUGGESTED THAT THESE DETENTION PERIODS BE CUT TO 15 DAYS. THE RIGHTS GRANTED MALAYSIAN SUSPECTS IN PRE-TRIAL PROCEEDINGS WOULD BE STRENGTHENED BY INSTITUTING A PROCESS BY WHICH ALL SUSPECTS WOULD BE REPRESENTED BY LEGAL COUNSEL. PROBLEMS ASSOCIATED WITH JAPAN'S MARINE POLLUTION WERE DISCUSSED AND SPECIFIC ACTIONS TO COMBAT THESE PROBLEMS WERE MENTIONED. ALTHOUGH JAPAN'S MARINE POLLUTION PREVENTION LAW OF 1972 HAS RESULTED IN DECREASED MARINE POLLUTION SINCE 1973, PROBLEMS PERSIST. IT WAS SUGGESTED THAT THESE COULD BE ADDRESSED IN BILATERAL AGREEMENTS, JAPAN'S EFFORTS IN COMBATTING TRANSNATIONAL CRIMES INCLUDE ITS INVOLVEMENT IN INTERPOL. IT WAS AGREED THAT MORE NEEDS TO BE DONE TO STRENGTHEN INTERNATIONAL COOPERATION BETWEEN VARIOUS POLICE AGENCIES. IT WAS SUGGESTED THAT JAPAN SHOULD ENTER INTO MORE EXTRADITION AGREEMENTS WITH OTHER COUNTRIES. AT PRESENT, JAPAN HAS A TREATY ONLY WITH THE UNITED STATES. NO REFERENCES ARE PROVIDED. (KCP).

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