The Office of the Attorney General received more than 1,000 cases in the last fiscal year. But not all cases moved directly towards prosecution. According to the OAG’s Annual Report 2025-2026, more than 100 cases were returned to the agencies that had referred them. The reasons? Gaps in evidence and investigation, procedural lapses and uncertainty over whether some matters were actually criminal cases.
A case may begin with a complaint, an investigation and evidence gathered by law enforcement agencies.
But before it reaches the court, there is another crucial step, prosecution by the Office of the Attorney General.
According to the report, the Office of the Attorney General received 1,014 cases during the 2025-2026 financial year.
Of these, 955 cases were referred by the police, 14 by the Anti-Corruption Commission, and six by other government agencies. Another 39 cases involved arbitration, mediation and litigation.
By the end of the reporting period, 366 cases had been concluded and closed, 260 were under trial, and 263 remained under review.
Meanwhile, 111 cases were returned to the agencies that had referred them.
The OAG cited several reasons for returning the cases. Some required further investigation and additional evidence. Others involved procedural lapses, although the report does not specify what those lapses were.
The office also cited confusion over whether some matters were civil or criminal in nature. In some cases, it did not meet the public interest threshold required for prosecution under the law.
Section 40 of the OAG Act lists circumstances where prosecution is considered to be in the public interest. These include serious offences likely to result in significant punishment, abuse of authority or trust, premeditated or organised offences, substantial financial loss, harm or threats to victims, exploitation of significant age differences, and offences motivated by discrimination or hostility. It also considers whether the accused has a relevant previous conviction or whether the offence is likely to continue or be repeated.
The report, however, does not provide a breakdown of the 111 cases by reason. It also does not state how many were subsequently resubmitted to the office or how many eventually proceeded to prosecution.
Meanwhile, the OAG has taken several measures to strengthen investigation and prosecution processes. It conducted training for police officers on investigation standards, evidence assessment, charge-sheet drafting and courtroom procedures, while police cadets received training on anti-money laundering and child-sensitive justice.
The office also held its first three-party meeting with the police and judiciary to identify gaps in investigations, evidence management and court procedures, and to agree on follow-up actions.
It also reviewed its Rules of Procedure for Prosecution and piloted the Enterprise Legal Management System to improve case management and efficiency. Prosecutors’ work plans and turnaround times were also reviewed to strengthen performance monitoring.
Tashi Dekar
Edited by Tandin Phuntsho
