Prosecution Department

This department is an oldest department in the Union Attorney General's Office. Since the formation of the Office of the Attorney General, this department is responsible for appearing on behalf of the Union in criminal cases and in civil cases in which the government is involved. This department has five divisions, namely; Prosecution Division of the Supreme Court of the Union, Criminal Appeal and Revision Scrutiny Division, Pre-trial Legal Advice Division, Prosecution Division for Union Level Departments and Civil Litigation Division.
Law Officers from Prosecution Department appear in special appeal cases, revision cases, miscellaneous application cases and writs adjudicated at the Supreme Court of the Union. A person who is not lower than director level from the side of the Union at the Constitutional Tribunal of the Union or law officers who are not lower than law officer grade (1) appear in cases invited as amicus curiae by the Election Tribunal in adjudicating the election objection. Moreover, such law officers, if it is necessary, appear as government advocate in original criminal cases adjudicated at the various levels of Court. The Prosecution Department carries out the function and duty of tendering pre-trial legal advice.

 Prosecution Division of the Supreme Court of the Union
Under sub-sections (d) and (g) of section 12 of the Attorney General of the Union Law and rule 70 of the Attorney General Rules, the Prosecution Division of the Supreme Court of the Union appears as amicus curiae in original criminal cases, appeal cases, special appeal cases, revision and miscellaneous application cases in which the Union is involved and adjudicated at the Supreme Court of the Union.
- 12 cases of confirmation on death sentence, 15 criminal appeal cases, 181 criminal revision cases, 3 criminal miscellaneous cases, 4 criminal special appeal cases altogether 215 cases were appeared from 1.1.2012 to 31.7.2012.
- The Prosecution Division of the Supreme Court of the Union appeared criminal appeal case No. 31/2011 and case on confirmation of death sentence No.27/2011 which are special cases interested by the public among the cases which were appeared on behalf of the Union at the Supreme Court of the Union.
- This case was that Japanese Woman (MHIRAMATSU CHIHARU) was dead by being committed rape and unnatural offences by the accused Min Theik. In such case, Myinchan District Court passed death sentence to the accused Min Theik under section 302(1) (c) of the Criminal Law. The accused Min Theik did not satisfy the order so he filed criminal appeal to the Supreme Court of the Union. The Supreme Court of the Union also opened the case on confirmation of death sentence. The Supreme Court of the Union adjudicated jointly and passed an order that it is included in the amnesty order 1/2012 dated on 22.2.2012.

 Criminal Appeal and Revision Scrutiny Division
The Criminal Appeal and Revision Scrutiny Division has been implementing the functions and duties in accord with the provision "filing appeal or revision if it is necessary to file appeal or revision to the Supreme Court of the Union on judgment, order or decision passed by any High Court of the Region or State, in cases relating to the Union" prescribed in section 12(i) of the Attorney General of the Union Law. In implementing the functions and duties: -
- If it scrutinizes that it is necessary to file appeal against acquittal in criminal case passed by any High Court of the Region or State, when it is submitted by the Union Attorney General's Office in accord with sections 13(d) and 36(o) of the Attorney General of the Union Law or by the relevant Office of the Advocate General of the Region or State in accord with rule 64(a) of the Attorney General Rules, it files appeal to the Supreme Court of the Union within 6 months of the limitation period.
- If it is necessary to file after scrutinizing when it is submitted by the Union Attorney General's Office or by the Office of the Advocate General of the Region or State, in respect of judgment, order or decision passed by any High Court of the Region or State, in cases relating to the Union in accord with section 12(i) and section 36(n) of the Attorney General of the Union Law and rule 42(a) of the Attorney General Rules, it files revision and miscellaneous application to the Supreme Court of the Union within 60 days of the limitation period.
- If it scrutinizes to file special appeal against acquittal or dismiss order in the criminal appeal and revision cases adjudicated at the Supreme Court of the Union, special appeal is filed to the Supreme Court of the Union within 90 days under section 19 of the Union Judiciary Law, 2010.
- If it knows according to the completion report sent to the Union Attorney General's Office by the Department of the Special Investigation Bureau or any other means in respect of criminal cases appeared by such department, it carries out scrutinizing to file revision or miscellaneous application under rule 42 (b) of the Attorney General Rules, 2001 and scrutinizing documents contained in rule 107(e) of the Attorney General Rules for filing appeal against acquittal order.
It scrutinizes the Decided Case Form (Law Officer Case Conduction Form 5) for criminal appeal, revision and miscellaneous application sent by Offices of the Advocate General of the Region or State.
During the reported period from 1.1.2012 to 30.7.2012, it received 15 appeal cases from Offices of the Advocate General of the Region or State. There are 5 decided cases to file appeal, 4 decided cases not to file appeal and 6 pending cases.
During the reported period, there are 87 revision cases submitted by Offices of the Advocate General of the Region or State, 23 decided cases to file revision, 44 decided cases not to file revision and 20 pending revision cases.

 Pre-trial Legal Advice Division
Under section 36(a) and (b) of the Attorney General of the Union Law and rule 53 of the Attorney General Rules, the Pre-trial Legal Advice Division scrutinizes and tenders legal advice on the matters directly requested by the government, relevant government department and organization and any prosecuting body to the Union Attorney General's Office for prosecution. When the matters occur to revise after scrutinizing the copies of confirmation on advice of Offices of Advocate General of the Region and State, it replies with remark to revise.
There are 23 cases of tendering legal advice directly by the Pre-trial Legal Advice Division from 1.1.2012 to 31.7.2012. In respect of scrutinizing the copies of confirmation on legal advice of Offices of the Advocate General of the Region and State, it scrutinized total 2126 cases from 1.1.2012 to 31.7.2012.
In respect of tendering pre-trial legal advice, it tendered legal advice requested by the Special Investigation Bureau for special case that Mr. Namase Motohiko, Japanese national, made estate market in chaos. (market manipulation)

 Prosecution Division for Union Level Department
The Prosecution Division for Union Level Department appears, on the side of the Union, in applications to issue writs to the Supreme Court of the Union under section 12 (e) and section 34.
Under section 378(a) of the Constitution, it provides that the Supreme Court of the Union has power to issue the following writs as suitable:-
•    Writ of Habeas Corpus;
•    Writ of Madamus;
•    Writ of Prohibition;
•    Writ of Quo Warranto;
•    Writ of Certiorari.
Among five kinds of writ, writ of Habeas Corpus as criminal miscellaneous application or the other writs as civil miscellaneous application are adjudicated at the Supreme Court of the Union. Adjudicating as such, Director himself gives argument for civil miscellaneous application (writ) or criminal miscellaneous application (writ) at the Supreme Court of the Union. In doing so, the writs of Certiorari are majority.
There are 6 former pending cases of applying writ, 27 new cases, 17 decided cases and 16 pending cases from 1.1.2012 to 31.7.2012. Under section 12(q) and section 34 of the Attorney General of the Union Law, this division from the Union Attorney General's Office appears in cases on behalf of the President assigned by him at the Constitutional Tribunal of the Union. It appeared 3 cases of filing application from 1.1.2012 to 31.7.2012.
When the Union Election Commission informs to appear as amicus curiae in adjudication of revision cases filed to the Union Election Commission when the judgment passed by the Election Tribunal is not satisfied, the Director General of the Union Attorney General's Office or Director of Prosecution Department appears as amicus curiae on behalf of the Attorney General of the Union.
Although it appeared at the Union Election Commission in 2011, it has not appeared during the reported period.

 Civil Litigation Division
Under section 36(e) of the Attorney General of the Union Law and rule 43(a) of the Attorney General Rules, Civil Litigation Division scrutinizes and tenders legal advice on civil case in which any government department and organization is involved as the plaintiff or defendant.
Under section 12 (h) of the Attorney General of the Union Law and rules 39(b) and 43(b) of the Attorney General Rules, it appears in original criminal and civil cases, appeal cases, special appeal cases, revision, review and miscellaneous application cases adjudicated at the Supreme Court of the Union in which the Union is involved.
In respect of civil case in which any government department and organization is involved as plaintiff or defendant, it scrutinizes the submission as to whether or not to file appeal case, special appeal case, civil revision case, review or miscellaneous application case and, when it is necessary, it files them to the Supreme Court of the Union.
Civil Litigation Division, under section 13 (g) of the Attorney General of the Union Law and rule 44 of the Attorney General Rules, scrutinizes the matter of application to give consent under section 92 of the Code of Civil Procedure in order to institute a suit regarding public charities. Among 9 cases of requesting civil legal advice to the Union Attorney General's Office, 6 cases are decided and 3 cases are pending from 1.1.2012 to 31.7.2012.