CAMBODIA – PENAL CODE

BOOK 2 - CRIMES AGAINST PERSONS

TITLE 1 - GENOCIDE, CRIMES AGAINST HUMANITY, WAR CRIMES

CHAPTER 2 – CRIMES AGAINST HUMANITY

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.