Regulation amended to permit destruction of case documents if PG declines to prosecute

A new amendment to police regulations now allows for the destruction of case documents within a year if the Prosecutor General decides not to pursue prosecution, a move that raises concerns over accountability and record preservation in the criminal justice system.

The first amendment to the Regulation on Maintaining and Issuing Police Records (No. 105-R/2021) was officially published in the Government Gazette on 21 October 2025, under Regulation No. 106-R/2025. The amendment introduces two new sub-clauses, (c) and (d), to Article 21, which deals with “Documents and Information to be Preserved.”

Under the revised provisions, when a criminal investigation concludes and the case does not involve a serious offense, the police may determine that prosecution is not possible due to insufficient evidence. In such instances, if both the investigating officer and their supervisor provide a written endorsement stating that it is unlikely further evidence will be obtained, the case may be closed on that basis.

Once that determination is made, and if the Prosecutor General also decides against pursuing charges, the head of the police administrative division responsible for recordkeeping may authorize the destruction of all related documents within one year. This can be done after following the procedures outlined in Article 23 of the regulation.

The amendment effectively allows police and prosecutorial authorities to eliminate case records even in circumstances where questions might remain unresolved. Critics argue that such provisions risk eroding transparency, especially in cases where decisions not to prosecute could later come under scrutiny. By permitting the destruction of documentation within a year, the regulation significantly shortens the window for independent review or appeal, further weakening institutional accountability.