The Anti-Corruption Commission (ACC) and the Office of the Attorney General (OAG) jointly launched the Elementization of Corruption Offences on 30 December 2022.
Towards effectively fulfilling the shared constitutional mandate of combating corruption in the country by successfully investigating and prosecuting corruption offences, it is imperative to have a common understanding of corruption offences established in the Anti-Corruption Act of Bhutan 2011 and amendments thereunder.
In view of the above, the ACC and OAG has jointly elementized the corruption offences to bring clarity in understanding the corruption offences and ensure consistency in its application. Along with corruption offences, relevant penal offences from the Penal Code of Bhutan, which are usually invoked in relation to corruption cases, has also been elementized. Elementization of corruption offences and relevant penal offences will be helpful, not only in determining the charges but will also assist in identifying the relevant and crucial evidence required in establishing a case. Similarly, it will help prosecutors in establishing the point of proof that fit the requirement of each element of corruption offences and facilitate in proving the case beyond reasonable doubt.
At the same time, investigators and prosecutors are reminded that the extent of elementization may not be exhaustive to cater to every aspect of the legal provisions. Therefore, in case of any ambiguity, investigators and prosecutors alike must remain guided by the word and spirit of law as may be deduced from the bare sections.
It is our fervent aspiration that such initiatives will ultimately lead to effective enforcement of the law and the delivery of justice.