Question
I have been abroad for the past 7 years. In 2020, I came to know that a case has been registered in my name. I was framed by my neighbor in a false case. Now while I am in exile, what chance do I have to conduct my case and prove my innocence? Can cases be handled from abroad? Are expatriates given any opportunities? How can expatriates handle cases from abroad?
Answer
Yes, as an expatriate, you have several options for handling a legal case in Bangladesh from abroad, and there are opportunities to prove your innocence. Here’s how you can proceed:
- Representation by a Lawyer:
The best approach is to hire a lawyer in Bangladesh who can represent you in the case. Your lawyer can file documents, attend hearings, and handle the case on your behalf. You will not need to be physically present in Bangladesh for this, as long as your lawyer has power of attorney to act on your behalf. - Power of Attorney:
You can grant power of attorney (PoA) to a trusted person (like your lawyer) to represent you in court. This legal document allows the appointed person to take necessary actions in the case, such as presenting evidence, making court appearances, and filing legal documents. - Handling a False Case:
To prove your innocence in a false case, your lawyer can gather evidence, such as witness statements, documentation, and any proof that supports your version of the events. If the case was filed fraudulently, your lawyer can file an appeal or petition to have the case dismissed based on false claims. - Expatriates and Legal Protections:
Expatriates are not excluded from legal proceedings in Bangladesh. You can participate in the process through video conferencing for court hearings or file affidavits from abroad, depending on the nature of the case and the court’s discretion. - Judicial Assistance for Expatriates:
The Bangladesh legal system offers mechanisms like legal assistance via consulates for expatriates facing legal issues in Bangladesh. In some cases, embassies or consulates can help facilitate the legal process or ensure that your rights are protected. - Appeals and Trials in Absence:
If you need to challenge the case or appeal a decision, your lawyer can assist in submitting appeals from abroad. Trials in absentia (in your absence) can take place, and a lawyer can represent you in such cases.