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Overview of Myanmar Criminal Law

This document summarizes key aspects of Myanmar's Criminal Law: 1) Criminal Law was enacted by the British government on May 1, 1861 and has since been translated to Burmese. It includes 33 chapters and 511 sections covering offences, punishments, and exceptions. 2) The code applies universally to any person within Myanmar for acts contrary to its provisions. Certain exemptions apply for heads of state, diplomats, foreign enemies and armies with Myanmar government permission. 3) The code also applies to offences committed abroad but triable within Myanmar, and to any offences committed abroad by Myanmar citizens. 4) The code does not

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17 views5 pages

Overview of Myanmar Criminal Law

This document summarizes key aspects of Myanmar's Criminal Law: 1) Criminal Law was enacted by the British government on May 1, 1861 and has since been translated to Burmese. It includes 33 chapters and 511 sections covering offences, punishments, and exceptions. 2) The code applies universally to any person within Myanmar for acts contrary to its provisions. Certain exemptions apply for heads of state, diplomats, foreign enemies and armies with Myanmar government permission. 3) The code also applies to offences committed abroad but triable within Myanmar, and to any offences committed abroad by Myanmar citizens. 4) The code does not

Uploaded by

Naung Ainn Taw
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

1

Chapter 1

Criminal Law
st
Criminal Law is enacted by English Government on 1 May, 1861.

After the independence of Myanmar in 1948, this law has been translated

by the Myanmar Law Translation Committee from English to Myanmar

Language. It includes 33 Chapters and 511 Sections. The main provisions

of this Law are Offences, Punishments and General Exceptions.

- -

1.1 Punishment of offences committed within the Republic of the

Union of Myanmar

Every person shall be liable to punishment under this Code and not

otherwise for every act or omission contrary to the provisions thereof,


1
which he shall be guilty within the Republic of the Union of Myanmar.

This Section deals with intra-territorial operation of the Code. It

makes the Code universal in its application to every person in any part of

1
Section 2 of the Penal Code.
2

Myanmar for every act or omission contrary to the provisions of the Code.

It prescribes no fixed time within prosecution should be launched, as it

follows the maxim nullum tempus occurriregi.

Exemption

Following persons are exempted from taking action by criminal

jurisdiction. They are Heads of the Foreign States, Diplomatic and their

staffs, Alien enemies, Foreign Armies stationed in Myanmar with the

permission of the Myanmar Government and also the war ships.


3

1.2 Punishment of offences committed beyond, but which by law may be

tried within the Republic of the Union of Myanmar

Any person liable, by any law enforce in the Republic of the Union

of Myanmar, to be tried for an offence committed beyond the limits of the

Republic of the Union of Myanmar shall be dealt with according to the

provisions of this Code, for any act committed beyond the Republic of the

Union of Myanmar in the same manner as if such act had been committed
2
within the Republic of the Union of Myanmar.

Illustration

"A" who is the citizen of Myanmar, commits adultery in England.

Adultery is not a crime in England. But "A" can be taken action under

Section 497 of the Penal Code, which is the Criminal Law of Myanmar.

2
Section 3 of the Penal Code.
4

( )

1.3 Extension of Code to extra-territorial offences

The provisions of this Code apply also to any offence committed by


3
any citizen of the Union wherever he may be.

Illustration

"A" who is a citizen of Myanmar, commits a murder in Uganda. He

can be tried and convicted of murder in any place in Myanmar in which he

may be found.

1.4 Certain law not to be affected by this Code

Nothing in this Code is intended to affect any Act for punishing the

Defence Services Personnel of the Union of the provisions or any special or


4
local law.

3
Section 4 of the Penal Code.
4
Section 5 of the Penal Code.
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Common questions

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The Myanmar Penal Code states that its provisions do not affect any special or local law, or any Act intended for punishing Defence Services Personnel of the Union. This ensures that the Penal Code operates alongside such specific legislations, without nullifying their provisions or limiting their scope. Thus, special laws and local regulations retain their validity and can operate independently of the general provisions of the Penal Code .

Yes, Myanmar law can prosecute a Myanmar citizen for adultery committed in a foreign country where it is not considered a crime. The Myanmar Penal Code provides that any person liable by law enforced in Myanmar shall be dealt with according to the provisions of the Code for any act committed beyond its limits. For example, a Myanmar citizen committing adultery in England, where it is not a criminal offense, can still face prosecution under Section 497 of the Myanmar Penal Code upon returning to Myanmar, as Myanmar law applies extraterritorially to its citizens .

The Myanmar Penal Code applies universally to every person in any part of Myanmar for acts or omissions contrary to the provisions of the Code, thus establishing territorial jurisdiction within the Republic of the Union of Myanmar. The law holds individuals accountable for their actions irrespective of when the prosecution is launched, as it follows the legal maxim nullum tempus occurrit regi, meaning 'time does not run against the Crown.' However, there are specific exemptions from criminal jurisdiction, such as Heads of Foreign States and their diplomatic staffs, alien enemies, and foreign armies legally stationed in Myanmar .

The Myanmar Penal Code has provisions for trying individuals for offenses committed beyond its borders if the law of Myanmar is applicable to such situations. This is particularly relevant for offenses committed by persons who, despite not being citizens, may still be held accountable under specific statutes enforced within Myanmar. While primarily it addresses Myanmar citizens’ actions abroad, in special circumstances such as international agreements or specific legal provisions, non-citizens may face trials in Myanmar if an extraterritorial link or legal obligation exists .

The Myanmar Penal Code extends its provisions to offences committed by any citizen of Myanmar wherever they may be. This means that a Myanmar citizen can be tried and convicted for offenses such as murder or adultery committed outside Myanmar, as if those offenses were committed within Myanmar territories. The law applies in the same manner for such extra-territorial offences, ensuring that Myanmar citizens remain accountable to Myanmar laws irrespective of their location .

The maxim 'nullum tempus occurrit regi' signifies that there is no fixed time within which prosecution should be launched under the Myanmar Penal Code. This principle implies that the state is not bound by any statute of limitations with respect to criminal prosecutions, thereby allowing legal action to be initiated at any time, without being constrained by time limits. This maxim underpins the universal applicability of criminal accountability within Myanmar, irrespective of any lapse of time from when the offense was purportedly committed .

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