Criminal Cases in the Common Law System
In the common law system, criminal cases involve the state prosecuting an individual or entity for crimes, which are offenses against society. Key aspects include:
State Prosecution: The government, through a public prosecutor, brings charges against the accused.
Burden of Proof: The prosecution must prove guilt “beyond a reasonable doubt.”
Types of Crimes: Crimes are categorized into felonies (serious crimes like murder and robbery) and misdemeanors (less serious offenses like petty theft).
Rights of the Accused: Defendants have rights to a fair trial, remain silent, have an attorney, and appeal.
Criminal Cases in Bangladesh
In Bangladesh, the criminal justice system follows the common law tradition due to its British colonial past. Key aspects include:
Legal Framework: Governed by the Penal Code 1860, Code of Criminal Procedure 1898, and various special laws.
Prosecution and Investigation: Public prosecutors handle prosecution; police or other agencies conduct investigations.
Court System: Magistrate Courts handle minor offenses; Sessions Courts deal with serious crimes on the basis of its jurisdiction. The High Court Division hears appeals and significant cases.
Trial Process: Involves filing charges, preliminary hearings, trials, and sentencing. Defendants have the right to legal representation and a fair trial.
Rights of the Accused: Ensures fair trial rights, including the right to remain silent, legal counsel, and protection against double jeopardy.
We at K. M. Hasan & Jurists offer expert legal services in criminal cases in Bangladesh and abroad. Our team provides comprehensive support at all stages, including:
Legal Representation: Strong defense and representation in court.
Advisory Services: Expert advice on charges, defenses, and legal processes.
Investigation Support: Assistance with evidence gathering and working with investigators.
Appeals and Post-Trial Support: Representation in appeals and post-trial matters.
With extensive experience and deep knowledge of criminal law, K. M. Hasan & Jurists is dedicated to delivering effective legal solutions and ensuring justice for our clients.