CHAPTER VI
Criminal Proceedings Against Persons Holding Political Positions Under Section 308 of the Constitution
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Section 66. In the case where the injured person alleges that the person holding the position of Prime Minister, Minister, member of the House of Representatives, senator or any other political official has become unusually wealthy, or committed an offence of malfeasance in office under the Penal Code or malfeasance in office or corruption under other law, the injured person shall lodge a written request with the N.C.C. Commission.
The provisions under paragraph one shall also apply to the case where the alleged culprit or other person is the principal, instigator or aider and abetter.
Section 67. The request under section 66 shall at least contain the following particulars:
(1) the name and address of the injured person;
(2) the name and address of the person lodging the request on behalf of the injured person and the relationship with the injured person (if any);
(3) the name or position of the alleged culprit;
(4) the allegation and circumstance under which the alleged offence was committed, the injury sustained, together with so clear and sufficient evidence as to enable the further conduct of an inquiry;
(5) the signature of the injured person or of the person lodging the request on behalf of the injured person, as the case may be.
Section 68. In the case where the injured person is unable to lodge a request, the following persons may lodge a request on behalf of the injured person:
(1) the person authorised in writing by the injured person to lodge a request on behalf of the injured person;
(2) a legal representative or a curator, only in the case where the injured person is a minor or an incompetent person under the former's care and is unable to lodge a request by himself or herself;
(3) the ancestor, descendant, husband or wife in the case where the injured person is deceased, or, by reason of necessity, becomes, unable to lodge a request by himself or herself or unable to grant authorisation;
(4) the manager or other representatives of a juristic person in the case where the injured person is a juristic person;
(5) the relative of the injured person in the case where the injured person is a minor without a legal representative or a person of unsound mind or an incompetent person without a curator or where the legal representative or the curator is unable to perform the duty by reason of any cause including the conflict of interest towards the minor or the incompetent person.
Section 69. When the request is correctly and duly received, the N.C.C. Commission shall proceed in accordance with Chapter 4, Fact Inquiry.
Section 70. In the case where the N.C.C. Commission passes a resolution that the allegation has a prima facie case for the offence under section 66, the President shall refer the report, existing documents and the opinion to the Prosecutor-General for the purpose of instituting the prosecution before in Supreme Court of Justice's Criminal Division for Persons Holding Political Positions, in accordance with the organic law on criminal proceedings against persons holding political positions.
Section 71. The provisions of section 70 shall apply mutatis mutandis to the case where the N.C.C. Commission passes a resolution that the allegation made in the request to the Senate under section 59 has a prima facie case under section 66.
Section 72. In the case where the injured person or the N.C.C. Commission lodges, with the administrative official or police official having jurisdiction over the territory in which the offence concerned was committed, a complaint against the person specified in section 66 accusing that person of having committed an offence provided in section 66, the administrative official or police official receiving the complaint shall have the power to submit a motion to the competent Court for issuing a warrant of arrest for arresting such person. In the case where other necessary ground arises which justifies an arrest without a warrant as provided by law, the administrative official or police official shall have the power to arrest such person.
The administrative official or police official who arrests such person shall refer the arrested person together with the arrest record to the N.C.C. Commission within forty eight hours.
Section 73. In the case where it is not necessary to keep the arrested person in custody, the N.C.C. Commission may grant a provisional release with or without bail.
In the case where it is necessary to keep the arrested person in custody, the N.C.C. Commission may submit a motion to the Criminal Court for the Court's issuance of a warrant of detention in accordance with the rules and for the length of time prescribed in the Criminal Procedure Code for the offence to which the complaint relates.
Section 74. When the prosecution is intended to be instituted under section 70, the N.C.C. Commission shall inform, in writing, the alleged culprit to appear before, and report to, the person entrusted by the N.C.C. Commission on the date and at the time specified.
If the alleged culprit fails to enter an appearance and report within the specified time, the N.C.C. Commission shall inform the administrative official or police official for the purpose of causing the alleged culprit to be obtained and referred to the Prosecutor-General or the N.C.C. Commission, as the case may be, for further proceeding with the case.
The custody of the alleged culprit and the provisional release shall be within the power of the N.C.C. Commission, the person entrusted by the N.C.C. Commission or the Prosecutor-General, as the case may be. For this purpose, the organic law on criminal proceedings against persons holding political positions or the Criminal Procedure Code, as the case may be, shall apply mutatis mutandis.
