TutorialXifi
TutorialXifi
1
Section 221 of the Code of Criminal Procedure
(c) A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation, or
using a false property-mark. The charge may state that A committed murder, or cheating, or
theft, or extortion, or adultery, or criminal intimidation, or that he used a false property-mark,
without reference to the definitions of those crimes contained in the Penal Code; but the
sections under which the offence is punishable must in each instance, be referred to in the
charge.
(d) A is charged, under section 184 of the Penal Code, with intentionally obstructing a sale of
property offered for sale by the lawful authority of a public servant. The charge should be in
those words.
In the case of Daw Mya Oo vs The Union of Myanmar 2, in criminal proceedings, if
the testimony of the witnesses indicates that the accused is guilty of the crime, charges must
be filed. There is no legal prohibition against filing a criminal charge because there is already
a civil lawsuit.
In criminal proceedings, the complainant has the burden of proving the charges and
the court must consider whether to press charges.3
Joinder of Charges
Separate Charges for distinct offences.
For every distinct offence of which any person is accused there shall be a separate
charge, and every such charge shall be tried separately, except in the cases mentioned in
sections 234, 235, 236 and 239.4
Illustration
A is accused of a theft on one occasion, and of causing grievous hurt on another occasion A
must be separately charged and separately tried for the theft and causing grievous hurt.
It is not lawful to jointly tried the cases that arise from separate events rather than
from a single incident. According to section 233 of the Criminal Procedure Code, every
distinct offence of which any person is accused there shall be a separate charge, and every
such charge shall be tried separately, except in the cases mentioned in sections 234, 235, 236
and 239. The joint trial of a case that should have been prosecuted separately is illegal and
therefore null and void from the start.5
Three offences of same kind within year may be charged together.
When a person is accused of more offences than one of the same kind committed
within the space of twelve months from the first to the last of such offences, whether in
respect of the same person or not, he may be charged with and tried at one trial for any
number of them not exceeding three.
(2) Offences are of the same kind when they are punishable with the same amount of
punishment under the same section of the Penal Code or of any special or local law:
2
1991, M.L.R,p.113
3
U Ba Sein vs The Socialist Republic of The Union of Burma
4
Section 233 of the Code of Criminal Procedure Code
5
U Kyaw Myint vs The Union of Myanmar, 2012,M.L.R p.1
Provided that, for the purpose of this section, an offence punishable under section 379 of the
Penal Code shall be deemed to be an offence of the same kind as an offence punishable under
section 380 of the said Code, and that an offence punishable under any section of the Penal
Code, or of any special or local law, shall be deemed to be an offence of the same kind as an
attempt to commit such offence, when such an attempt is an offence.6
In the case of U Tha Hlaing V. The Union of Myanmar 7, it was held that the charges
in the present case having combined more than three offences of the same kind in direct
contravention of s. 234 of the Code the trial was conducted in a manner not warranted by the
Criminal Procedure Code and was wholly bad irrespective of the question whether there was
any actual prejudice to the accused or not.
6
Section 234 of the Code of Criminal Procedure
7
1958, B.L.R, S.C, 182
8
Section 235 of the Code of Criminal Procedure