The Office of the Attorney General of Bhutan (Dzongkha: རྩོད་དཔོན་ཡོངས་ཁྱབ་ཡིག་ཚང་; Wylie: rtsong-dpon yongs-khyab yig-tshang) is the legal arm of the executive branch of the government. It is also the legal adviser of the government and its representative in the judicial system of Bhutan. Under the Constitution of 2008, the Attorney General is appointed by the King of Bhutan on the advice of the Prime Minister. The Office of the Attorney General is codified by the Attorney General Act of 2006, an act of parliament incorporated by the Constitution. Under the Act, the Attorney General also authors and reviews legislation for parliament.
The Office of the Attorney General was first formed as the "Office of Legal Affairs" in 1999 by the Lhengye Zhungtshog (Council of Ministers) on the recommendation of its Special Task Force on Enhancing Good Governance. The Office of Legal Affairs was formally established by law on April 14, 2000, as the government's central legal agency. In 2000, the Office began to assume the role of prosecutor, until then the purview of the Royal Civil Service Commission Secretariat and the Law and Order Division of the Ministry of Home Affairs. The policies and decisions of the Office were guided during its early years by Terms of Reference issued by the Council of Ministers in 2002.[1]
On June 30, 2006, the Office of Legal Affairs was replaced by the Office of the Attorney General that exists today. The Attorney General Act of 2006 creates an independent Attorney General office responsible for advising the government, representing it in legal matters including law enforcement, and drafting and reviewing legislation.[1][2]
The Attorney General Act of 2006, wholly incorporated by the Constitution of 2008,[3] tasks the Attorney General with prosecuting crimes, safeguarding the impartiality of the judicial process, and disseminating information about the law among the people. The Attorney General also drafts Bhutanese legislation for submission to parliament, reviews legislation authored in parliament, and advises all levels of government regarding judicial decisions.[2]
The Office of the Attorney General currently codifies its own Prosecution Guidelines for its Prosecution and Litigation Division. When deciding whether to prosecute cases under Bhutanese law, the Prosecution and Litigation Division first evaluates whether there exists a prima facie case – whether the elements of the offense are met. When a prima facie case is established, the matter is subjected to an "Evidential Test" and a "Public Interest Test." The "Evidential Test" requires sufficient to convict the accused, and that "any reasonable judge would, without compunctions, hold the accused guilty." The "Public Interest Test" requires further that such a prosecution would not have an adverse implication on the public.[1][4]
Divisions of the Office of the Attorney General
The Office of the Attorney General is divided into divisions and sections; these divisions are overseen by the Deputy Attorney General, who reports to the Attorney General:[1][5]
Administration & Finance Division
Drafting & Review Division:
Drafting Section; Review Section
Legal Services Division:
Domestic Section; International Section
Policy & Planning Division
Prosecution & Litigation Division:
Civil Section; Criminal Section
Research & IT Division:
Research Section; IT Section; Library & Documentation Section
List of attorneys general
Prior to June 30, 2006, Attorneys General of Bhutan were known as "Directors of the Office of Legal Affairs."[1]
^ abcdefg. Office of the Attorney General online. Government of Bhutan. 2010. Archived from the original on 2010-11-08. Retrieved 2011-01-23.
^ ab(PDF). Government of Bhutan. 2006-06-30. Archived from the original (PDF) on 2012-04-24. Retrieved 2011-01-23.
^(PDF). Government of Bhutan. 2008-07-18. Archived from the original (PDF) on July 6, 2011. Retrieved 2010-11-13.
^. Office of the Attorney General online. Government of Bhutan. 2010-07-30. Archived from the original on 2012-04-24. Retrieved 2011-01-23.
^. Office of the Attorney General online. Government of Bhutan. 2010. Archived from the original on 2010-11-08. Retrieved 2011-01-23.
External links
Office of the Attorney General online
January 14, 2023
attorney, general, bhutan, office, dzongkha, དཔ, ངས, ཚང, wylie, rtsong, dpon, yongs, khyab, tshang, legal, executive, branch, government, also, legal, adviser, government, representative, judicial, system, bhutan, under, constitution, 2008, attorney, general, . The Office of the Attorney General of Bhutan Dzongkha ར ད དཔ ན ཡ ངས ཁ བ ཡ ག ཚང Wylie rtsong dpon yongs khyab yig tshang is the legal arm of the executive branch of the government It is also the legal adviser of the government and its representative in the judicial system of Bhutan Under the Constitution of 2008 the Attorney General is appointed by the King of Bhutan on the advice of the Prime Minister The Office of the Attorney General is codified by the Attorney General Act of 2006 an act of parliament incorporated by the Constitution Under the Act the Attorney General also authors and reviews legislation for parliament Attorney General of BhutanIncumbentShera Lhendupsince May 22 2015AbbreviationAGResidenceThimpu BhutanSeatThori LamAppointerKing of BhutanTerm lengthNo fixed tenureConstituting instrumentArticle 29 of the ConstitutionFormation15 August 2006First holderDasho Tashi Phuntsog Contents 1 Office of the Attorney General 1 1 Divisions of the Office of the Attorney General 2 List of attorneys general 3 See also 4 References 5 External linksOffice of the Attorney General EditThe Office of the Attorney General was first formed as the Office of Legal Affairs in 1999 by the Lhengye Zhungtshog Council of Ministers on the recommendation of its Special Task Force on Enhancing Good Governance The Office of Legal Affairs was formally established by law on April 14 2000 as the government s central legal agency In 2000 the Office began to assume the role of prosecutor until then the purview of the Royal Civil Service Commission Secretariat and the Law and Order Division of the Ministry of Home Affairs The policies and decisions of the Office were guided during its early years by Terms of Reference issued by the Council of Ministers in 2002 1 On June 30 2006 the Office of Legal Affairs was replaced by the Office of the Attorney General that exists today The Attorney General Act of 2006 creates an independent Attorney General office responsible for advising the government representing it in legal matters including law enforcement and drafting and reviewing legislation 1 2 The Attorney General Act of 2006 wholly incorporated by the Constitution of 2008 3 tasks the Attorney General with prosecuting crimes safeguarding the impartiality of the judicial process and disseminating information about the law among the people The Attorney General also drafts Bhutanese legislation for submission to parliament reviews legislation authored in parliament and advises all levels of government regarding judicial decisions 2 The Office of the Attorney General currently codifies its own Prosecution Guidelines for its Prosecution and Litigation Division When deciding whether to prosecute cases under Bhutanese law the Prosecution and Litigation Division first evaluates whether there exists a prima facie case whether the elements of the offense are met When a prima facie case is established the matter is subjected to an Evidential Test and a Public Interest Test The Evidential Test requires sufficient to convict the accused and that any reasonable judge would without compunctions hold the accused guilty The Public Interest Test requires further that such a prosecution would not have an adverse implication on the public 1 4 Divisions of the Office of the Attorney General Edit The Office of the Attorney General is divided into divisions and sections these divisions are overseen by the Deputy Attorney General who reports to the Attorney General 1 5 Administration amp Finance Division Drafting amp Review Division Drafting Section Review Section Legal Services Division Domestic Section International Section Policy amp Planning Division Prosecution amp Litigation Division Civil Section Criminal Section Research amp IT Division Research Section IT Section Library amp Documentation SectionList of attorneys general EditPrior to June 30 2006 Attorneys General of Bhutan were known as Directors of the Office of Legal Affairs 1 Order Name 1 Term 1 1 Dasho Tashi Phuntsog January 1 2000 September 7 20012 Kuenlay Tshering September 7 2001 March 6 20062 1 Pema Rinzin Officiating Director March 6 2006 April 26 20063 Damcho Dorji April 26 2006 June 30 20064 Damcho Dorji September 25 2006 August 22 20074 1 Karma Lhuntshi Officiating Attorney General August 22 2007 July 20085 Rinzin Penjor July 2008 May 14 20106 Phuntsho Wangdi May 14 2010 May 22 20157 Shera Lhendup May 22 2015 May 22 20208 Lungten Dubgyur July 2020 incumbent See also EditLaw of Bhutan Judicial system of Bhutan Constitution of BhutanReferences Edit a b c d e f g About Office of the Attorney General Office of the Attorney General online Government of Bhutan 2010 Archived from the original on 2010 11 08 Retrieved 2011 01 23 a b Office of the Attorney General Act of Bhutan 2006 PDF Government of Bhutan 2006 06 30 Archived from the original PDF on 2012 04 24 Retrieved 2011 01 23 Constitution of the Kingdom of Bhutan English PDF Government of Bhutan 2008 07 18 Archived from the original PDF on July 6 2011 Retrieved 2010 11 13 Prosecution amp Litigation Division Office of the Attorney General online Government of Bhutan 2010 07 30 Archived from the original on 2012 04 24 Retrieved 2011 01 23 Category Archives Divisions of OAG Office of the Attorney General online Government of Bhutan 2010 Archived from the original on 2010 11 08 Retrieved 2011 01 23 External links EditOffice of the Attorney General online Retrieved from https en wikipedia org w index php title Attorney General of Bhutan amp oldid 1124286870, wikipedia, wiki, book, books, library,
