CAMBODIA – PENAL CODE

BOOK ONE - GENERAL PROVISIONS

TITLE 1 - THE CRIMINAL LAW

CHAPTER 1 - GENERAL PRINCIPLES

Article 8: No impunity for serious violations of international humanitarian law

The provisions of this Code may not have the effect of denying justice to the victims of serious offences which, under special legislation, are characterised as violations of international humanitarian law, international custom, or international conventions recognised by the Kingdom of Cambodia.

CAMBODIA – PENAL CODE

BOOK ONE - GENERAL PROVISIONS

TITLE 2 - CRIMINAL RESPONSIBILITY

CHAPTER 2 - EXCLUSION OF OR DIMINISHED CRIMINAL RESPONSIBILITY

Article 32: Authorisation by law or lawful authority
A person shall not be criminally responsible if he or she performs an act prescribed or authorised by law.

A person shall not be criminally responsible if he or she performs an act ordered
by a lawful authority, unless the act was manifestly unlawful.

The perpetrator, co-perpetrator, instigator, or accomplice of genocide, or of a crime against humanity, or a war crime shall not, under any circumstances, be excused from criminal responsibility on the ground that:

(1) he or she committed an act prescribed, authorised or not prohibited by the law in force:
(2) he or she acted by order of a lawful authority.

CAMBODIA – PENAL CODE

BOOK 2 - CRIMES AGAINST PERSONS

TITLE 1 - GENOCIDE, CRIMES AGAINST HUMANITY, WAR CRIMES

CHAPTER 2 – CRIMES AGAINST HUMANITY

Article 188: Definition of crimes against humanity

"Crime against humanity" shall mean any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population:

(1) murder;
(2) extermination;
(3) enslavement:
(4) deportation or forcible transfer of population:
(5) imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(6) torture;
(7) rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
(8) persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious or gender grounds;
(9) enforced disappearance of persons;
(10) the crime of apartheid;
(11) other inhumane acts intentionally causing great suffering, or serious injury to body.

Article 189: Penalty

Crimes against humanity shall be punishable by life imprisonment.

Article 190: Planning of crimes against humanity

Participation in a group formed or in a conspiracy to plan crimes against humanity shall be punishable by imprisonment from twenty to thirty years.

The planning must be characterised by one or more material acts.

Article 191: Additional penalties (nature and duration)

The following additional penalties may be imposed in respect of the felonies defined in
this Chapter:

(1) forfeiture of certain rights, either permanently or for a period not exceeding five years:

(2) prohibition from practising a profession in the practice of or in connection with which the offence was committed, either permanently or for a period not exceeding five years;

(3) local exclusion for a period not exceeding ten years;

(4) prohibition from leaving the territory of the Kingdom of Cambodia for a period not exceeding five years;

(5) prohibition of a convicted alien from entering and remaining in the territory of the Kingdom of
Cambodia, either permanently or for a period not exceeding five years;

(6) confiscation of any instruments, materials or items which were used or intended to be used to commit the offence;

(7) prohibition from possessing or carrying any weapon. explosive or ammunition of any kind, either permanently or for a period not exceeding five years;

(8) publication of sentencing decision for a period not exceeding two months;

(9) publication of sentencing decision in the print media;

(10) broadcasting of sentencing decision by any audio-visual communication for a period not exceeding eight days.

Article 192: Criminal responsibility of legal entities

Legal entities may be found criminally responsible under Article 42 (Criminal responsibility of legal entities) of this Code for the offences defined in Article 188 (Crimes against humanity) and Article 190 (Planning of crimes against humanity) of this Code.

Legal entities shall be punishable by a fine from fifty million to five hundred million Riels and by one or more of the following additional penalties:

(1) dissolution pursuant to Article 170 (Dissolution and liquidation of legal entities) of this Code;

(2) placement under judicial supervision pursuant to Article 171 (Placement under judicial supervision) of this Code;

(3) prohibition from exercising one or more activities pursuant to Article 172' (Prohibition from carrying on activities) of this Code;

(4)—disqualtfication--from--- public – tenders pursuant to Article 173 (Disqualification from public tenders) of this Code;

(5) prohibition from making' a public offering pursuant to Article 374 (Prohibition from making a public offering) of this Code;

(6) publication of sentencing decision pursuant to Article 180 (Publication of decisions) of this Code;

(7) publication of sentencing decision in the print media or broadcasting of sentencing decision by any audio-visual communication pursuant to Article 181 (Broadcasting of decision by audiovisual communication) of this Code.

Article 5
Crimes within the jurisdiction of the Court
1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes:
(b) Crimes against humanity

Article 7
Crimes against humanity
1. For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(a) Murder;
(b) Extermination;
(c) Enslavement;
(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
(i) Enforced disappearance of persons;
(j) The crime of apartheid;
(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
2. For the purpose of paragraph 1:
(a) "Attack directed against any civilian population" means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;
(b) "Extermination" includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;
(c) "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;
(d) "Deportation or forcible transfer of population" means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;
(e) "Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;
(f) "Forced pregnancy" means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;
(g) "Persecution" means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;
(h) "The crime of apartheid" means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;
(i) "Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.
3. For the purpose of this Statute, it is understood that the term "gender" refers to the two sexes, male and female, within the context of society. The term "gender" does not indicate any meaning different from the above.