Nepal

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Background

Nepal, a landlocked nation in South Asia, is renowned for its rich cultural heritage and diverse geography, encompassing the Himalayan mountain range. In 2008, following a decade-long civil war and subsequent peace process, Nepal transitioned from a monarchy to a federal democratic republic. The promulgation of a new constitution in 2015 marked a significant milestone, establishing a federal structure and enshrining fundamental rights for its citizens.

The Legal system

Nepal's legal system is primarily based on civil law traditions, characterized by written statutes and codes. However, it also incorporates elements of common law, particularly in the application of judicial precedents. This hybrid system reflects the country's historical influences and legal evolution.

Source of Defendants Rights

National Sources of Defendant’s rights:

International Sources of defendant’s rights:

Rights of the Accused

Right Against Unlawful Arrests, Searches and Seizures:

Right Against Unlawful Detention:

Right Not to be Tortured or Ill-Treated:

Right to Medical Care:

Right to be Informed of Charges:

Right to Presumption of Innocence:

Right Against Self-Incrimination:

Right to Counsel and Effective Assistance:

Right to Due Process:

Right to Equal Protection of the Laws:

Right to Bail:

Right Against Ex Post Facto Prosecution:

Right Against Double Jeopardy:

Right to a Fair Trial:

• Generally:
• Right to a Trial by Jury:
• Right to a Speedy Trial:
• Right to an Impartial Judge:
• Right to Language Interpretation:
  
  
• Right to Habeas Corpus:
  
  
• Capital Punishment:
  
  
• Right to Appeal:
  
  

  Rights of Counsel

  
  

  Means of Protecting and Enforcing Rights

  Exclusionary Rule:

  
  

  Nullity of Procedure:

  
  
  
  Civil Actions:
  

  
  

  
  
  

  Pre-Trial Procedure

  Police procedures

• Arrest, Search and Seizure Laws:
• Interrogation:
  
  

  Court Procedures

• Pre-Trial:
  
  
• Oral Trial:
  
• Sentencing:
  
  
• Appeals:
  
  

  Rights in Prison

• Right to Humane Conditions of Confinement:
  
  
• Right to Medical Care in Prison:
  
  
• Right to Mental Health Care:
  
  
• Restriction of rights:
• Visiting rights and telephone restrictions;
• Television restrictions.


• Rights of Special Populations:
  • Women:
  • Juveniles:

    Resources