about

Criminal Justice System in Pakistan

Welcome to Law House's comprehensive guide to the Criminal Justice System in Pakistan. In this guide, we'll delve deeper into the intricate workings of Pakistan's legal framework, exploring its components, procedures, and the role each entity plays in upholding justice and ensuring accountability.

Criminal Justice Process

• Law Enforcement Agencies

Law enforcement agencies, such as the police, are responsible for investigating crimes, apprehending suspects, and maintaining public order. They play a crucial role in enforcing laws and ensuring the safety and security of citizens.

• Prosecution

The prosecution represents the state in criminal proceedings. Prosecutors are tasked with presenting evidence, building cases against defendants, and advocating for justice on behalf of society. They work closely with law enforcement agencies to bring charges against individuals accused of committing crimes.

• Judiciary

The judiciary, consisting of courts and judges, interprets and applies the law in criminal cases. Judges preside over trials, evaluate evidence, and render verdicts based on the facts presented. They ensure that legal procedures are followed and that justice is served impartially and fairly.

feature

Stages Criminal Justice

• First Information Report

First Information Report (FIR) is the first information which an informant gives to the Police Station. This information may be oral or written in which the SHO is duty bound to register the said information into the prescribed register under section 154. The Information must be against the cognizence of the offense. If the SHO refused to register the said information, the aggrieved person has the ramady to approch the Justice of Peace.

• Investigation

The investigation stage involves gathering evidence, interviewing witnesses, and collecting information to determine the facts of a case. Law enforcement agencies conduct thorough investigations to build a strong case against suspects.

• Arrest

Upon gathering sufficient evidence, law enforcement authorities may arrest individuals suspected of committing crimes. The arrestee is informed of their rights and may be taken into custody pending further legal proceedings.

• Trial

The trial is the formal legal proceeding where the prosecution presents evidence, witnesses testify, and the defense presents its case. The judge or jury evaluates the evidence and renders a verdict of guilty or not guilty based on the facts presented.

• Sentencing

If found guilty, the defendant is sentenced by the court. Sentences may include imprisonment, fines, probation, or community service, depending on the nature of the crime and other factors.

White Collar Crimes

• NAB / Anti Corruption

he National Accountability Bureau Ordinance 1999 & the Anti-Corruption Establishment Act is set into motion when crimes qua offences of commission of frauds & Corruption in Business transactions are involved & other major complexities related to transfer of Funds and embezzlement. Given the intricate values of commercial dealings, it is a challenge to both prosecute and defend such Allegations. However, Our Chamber has provided stark performance in Courts subjected to Granting of Bails and subsequently concluding Trials. We have strongly marked our position in the Legal Fraternity by successfully prosecuting and Litigating in support of our Clients and getting them the desired result.

Based on Our expertise and on our diverse experience, Our Chamber has a vast experience in providing legal advice and ultimately the right direction to the Client such as statutory corporate bodies and/or partnerships on how to pursue their Claims. Periodically, our team also prepares summaries of the latest NAB Laws in Compliance with the NAB Ordinance 1997 and their impact on various sectors and we endeavor to share these with our clients to keep them fully updated and informed at all times. We have rendered legal opinions on a plethora of legal issues such as Freezing of Assets and legal questions pertaining inter alia to the interpretation of NAB laws, rules, regulations and/or the applicability or Jurisdiction thereof in specific instances.

• Dishonouring of Cheques

The issuance of cheques in lieu of financial commitments is common practice in Pakistan. The dishonoring of a cheque when a Consideration is given can be a harrowing experience which is why we offer our services and assistance to both Aggrieved and Accused Parties. We recommend Investigation Methods, arguing for both Prosecution and Defense Bail Applications as well as trials related to this offence. We handle cases for Persons as well as Companies. In cases where you are being persecuted for a crime you did not commit or have been cheated by the presentation of a dishonored cheque, you will find our services tailored to your requirements.

• Federal Investigation Agency

The Federal Investigation Agency Act 1974 is a special law made for the regulation of matters concerning the Federal Government. The integral function of FIA is enforcement of laws relating to Smuggling, Narcotics, Currency offences, Foreigners, Immigration & Passports and offences having inter-provincial ramification. In the last few years Pakistan has witnessed vertiginous growth of these offences and issues across whole demographic spectrum. This has resulted in Increase in Litigation and Registration of these offences in the Criminal Justice System of Pakistan. We are one of the few law firms in Pakistan where we have represented many Public and Private Limited Companies & Other individual clients at all levels of Criminal Jurisdiction throughout Pakistan Courts.

feature

Offenses Against Persons

• Murder

Murder is the most serious criminal charge a defendant can face which is catered under Section 302 PPC 1860. In Pakistan, the sentence for a murder conviction can include the Death Penalty. Law House can represent you and provide you with the high-quality legal representation you are entitled to. We understands the seriousness of a Murder Charge and we also understand that every step has to be carefully calculated when you’re facing a murder charge. Our team has the experience to help you navigate this exceedingly dangerous terrain..

• Anti Terrorism Cases

Pakistan is a hot bed for Terrorism cases and in more cases than not, Individuals who have no relation to the Act of Terrorism are enrobed in such cases out of enmities and personal agendas, to strengthen the Prosecution’s Case. Such cases are difficult, both when it comes to getting the relief of Bails as well as bagging favorable Decision from the Lower Court & the Appellate Courts. Our Law House is known in Legal Fraternity for its genuine experience of advising the right direction to their Clients and an excellent track record of success in delivering the best results.

• Narcotics

Possession of Narcotics substances entail serious consequences including capital sentence depending on the quantity recovered. Most narcotics cases are now being prosecuted under the Control of Narcotics Substances Act, 1997 (CNSA). Our Law House has gained a great deal of recognition in securing bails and, eventually, acquittals in some famous narcotics and drugs cases of the country, receiving media attention at both national and international level. We offer full representation for our clients (mostly foreign nationals) charged with drug related offences. Our services include representation at bail hearings, trials and appeals before the Divisional Bench at the High Court.

Offenses Agaist Property

• Banking Crime & Fraud

Law House regularly advises banks and other financial institutions, focusing mainly on banking and financial crimes. We have ample experience of litigation in the following areas:

Breach of the terms of an instrument or document whereby possession of any asset or property offered as security for the re-payment of finance

Fraudulent misrepresentation made to a financial institution

Dishonest alienation of mortgaged property.

Offences under the jurisdiction of Special Court (Banking Offences).

• Fraud / Cheating / Forgery

Forgery is the process of making or adapting documents with the intention to deceive. It is a form of fraud and is often a key technique in the execution of identity theft. Questioned document examination is a scientific process for investigating many aspects of various documents and is often used to examine the provenance and verity of a suspected forgery. Sections 420, 468 and 471 of the Pakistan Penal Code deal exclusively with these offences and are the most common offences committed in Pakistan. We have built a strong working relationship with forensic and hand writing experts in order to provide efficient and effective representation for our clients.

• Property Fraud

In the past five years, Pakistan has witnessed a major boom in the property sector. In particular, the huge investments made by foreign nationals in the property sector due to the growing need for housing and high rises has caused a mushrooming effect that has rippled through out Pakistan. The recent surge, growth and investments made over the last few years in the property market has also brought with it illegal elements that through illegal means have tried to take advantage of the property boom. The following are the illegal means against which we protect our clients and provide a legal, yet practical, solution to the problems they might be facing with regards to their property.

• Illegal Possession

• Illegal Dispossession is a new addition to the laws of property and has come about through the Illegal Dispossession Act of 2005

• Land grabbing by Qabza Group/Land Mafia

• Transfer of title through forged documents (Forgery)