CAMBODIA – PENAL CODE

BOOK ONE - GENERAL PROVISIONS

TITLE 1 - THE CRIMINAL LAW

CHAPTER 1 - GENERAL PRINCIPLES

Article 4: Intent
There shall be no offence in the absence of intent to commit it.

However, where so provided by law, an offence may result from recklessness, carelessness, negligence or failure to fulfil a specific obligation.

CAMBODIA – PENAL CODE

BOOK ONE - GENERAL PROVISIONS

TITLE 2 - CRIMINAL RESPONSIBILITY

CHAPTER 1 - GENERAL PROVISIONS

Article 24: Principle of individual criminal responsibility

No one shall be criminally responsible except for his or her own conduct.

CAMBODIA – PENAL CODE

BOOK ONE - GENERAL PROVISIONS

TITLE 2 - CRIMINAL RESPONSIBILITY

CHAPTER 1 - GENERAL PROVISIONS

Article 25: Definition of perpetrator

The perpetrator of an offence shall be any person who commits the relevant criminally prohibited act.

The definition of perpetrator includes any person who attempts to commit a felony or, in the cases provided for by law, a misdemeanour.

CAMBODIA – PENAL CODE

BOOK ONE - GENERAL PROVISIONS

TITLE 2 - CRIMINAL RESPONSIBILITY

CHAPTER 1 - GENERAL PROVISIONS

Article 27: Definition of attempt

An attempt to commit a felony or, in the cases provided for by law, a misdemeanour, shall
be punishable if the following conditions are met.

- the perpetrator has started to commit the offence, that is, he or she has committed acts which lead directly to the commission of the offence;

- the perpetrator did not stop his or her act, voluntarily, but was interrupted solely by circumstances beyond his or her control.

A preparatory act which does not directly lead to the commission of the offence does not
constitute a commencement of execution.

An attempt to commit a petty offence shall not be punishable.

CAMBODIA – PENAL CODE

BOOK ONE - GENERAL PROVISIONS

TITLE 2 - CRIMINAL RESPONSIBILITY

CHAPTER 1 - GENERAL PROVISIONS

Article 28: Definition of instigator

An instigator of a felony misdemeanour shall be any person who:

(1) gives instructions or order to commit a felony or misdemeanour;

(2) provokes the commission of a felony or misdemeanour by means of a gift, promise, threat, instigation, persuasion or abuse of authority or power.

An instigator may only be punishable if the felony or misdemeanour was committed or attempted.

An instigator of a felony or misdemeanour shall incur the same penalties as the perpetrator.

Article 25
Individual criminal responsibility
1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;
(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.
4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.