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 1 - GENOCIDE

Article 184: Genocide shall be punishable by life imprisonment.

Article 185: Planning of genocide

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

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

Article 186: 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 187: 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 183 (Genocide) and Article 185 (Planning of genocide) 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) disqualification from public tenders pursuant to Article 173 (Disqualification from public tenders) of this Code;

(5) prohibition from making a public offering pursuant to Article 174 (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:
(a) The crime of genocide

Article 6
Genocide
For the purpose of this Statute, "genocide" means any of the following acts committed with
intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.