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WEEKLY NEWSLETTER
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Laos
Index
The development of the legal and judicial system did
not begin
until almost fifteen years after the state was proclaimed.
In
November 1989, a criminal code and laws establishing a
judicial
system were adopted. In 1993 the government began
publishing an
official gazette to disseminate laws, decrees, and
regulations.
In 1990 the judicial branch was upgraded. New
legislation
provided a draft of a criminal code, established
procedures for
criminal cases, set up a court system, and established a
law
school. Moreover, the Ministry of Justice added a fourth
year of
studies to a law program for training magistrates and
judges.
Also in 1990, the functions of the Supreme People's
Court were
separated from those of the office of the public
prosecutor
general. Until then, the minister of justice served as
both
president of the court and director of public
prosecutions.
Although the implementation of judicial reforms
proceeded
slowly and had not significantly improved the
administration of
justice by mid-1994, the new legal framework offers the
possibility
of moving away from the arbitrary use of power toward the
rule of
law. In late 1992, however, the government suspended the
bar until
it formulates regulations for fees and activities of (the
few)
private lawyers who are able to advise in civil cases.
Lawyers are
not allowed to promote themselves as attorneys-at-law.
Theoretically, the government provides legal counsel to
the
accused, although in practice persons accused of crimes
must defend
themselves, without outside legal counsel. However, the
assessors
(legal advisers)--who are often untrained--and the party
functionaries are being increasingly replaced by
professional
personnel trained at the Institute of Law and
Administration.
The constitution empowers the National Assembly to
elect or
remove the president of the Supreme People's Court and the
public
prosecutor general on the recommendation of its Standing
Committee.
The Standing Committee of the National Assembly appoints
or removes
judges (previously elected) of the provincial, municipal,
and
district levels.
Further evidence of an attempt to shift toward a
professional
judicial system is found in the public prosecution
institutes
provided for at each level of administration. The task of
these
institutes is to control the uniform observance of laws by
all
ministries, organizations, state employees, and citizens.
They
prosecute under the guidance of the public prosecutor
general, who
appoints and removes deputy public prosecutors at all
levels.
Data as of July 1994
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