CAMBODIA – PENAL CODE

BOOK ONE - GENERAL PROVISIONS

TITLE 1 - THE CRIMINAL LAW

CHAPTER 3 - TERRITORIAL APPLICATION OF CAMBODIAN CRIMINAL LAW

SECTION 1 - OFFENCES COMMITTED OR DEEMED TO HAVE BEEN COMMITTED IN THE TERRITORY OF THE KINGDOM OF CAMBODIA

Article 12: Meaning of territory of the Kingdom of Cambodia

In criminal matters, Cambodian law is applicable to all offences committed in the territory of the Kingdom of Cambodia.

The territory of the Kingdom of Cambodia includes its corresponding air and maritime spaces.

Article 13: Place where offence is committed

An offence shall be deemed to have been committed in the territory of the Kingdom of
Cambodia if one of the ingredients of the offence was committed in the territory of the Kingdom of Cambodia.

Article 14: Offence committed on board a Cambodian vessel

In criminal matters, Cambodian law is applicable to offences committed on board vessels flying the Cambodian flag, regardless of where they are.

Article 15: Offence committed on hoard a foreign flagged vessel

In criminal matters, Cambodian law is applicable on board foreign vessels which Cambodian authorities are authorised to inspect or board by international agreement.

Article 16: Offence committed on board a Cambodian registered aircraft

In criminal matters, Cambodian law is applicable to offences committed on board an aircraft registered in the Kingdom of Cambodia, regardless of where it is.

Article 17: Application of Cambodian criminal law to acts initiated in Cambodia

In criminal matters, Cambodian law is applicable to any person who, in the territory of the Kingdom of Cambodia, instigates or is an accomplice to a felony or misdemeanour committed abroad, if the following two conditions are met:

- the offence is punishable under both the Cambodian law and the foreign law; and

- the fact that the offence was committed is established by final judgement of a foreign Court.

Article I8: Characterisation of offences committed by a legal entity

The characterisation of an offence committed by a legal entity as a felony, misdemeanour or petty offence shall be determined by the penalty incurred by a natural person.

CAMBODIA – PENAL CODE

BOOK ONE - GENERAL PROVISIONS

TITLE 1 - THE CRIMINAL LAW

CHAPTER 3 - TERRITORIAL APPLICATION OF CAMBODIAN CRIMINAL LAW

SECTION 2 - OFFENCES COMMITTED OUTSIDE THE TERRITORY OF THE KINGDOM OF CAMBODIA

Article 19: Felony or misdemeanour committed by a Cambodian national

In criminal matters, Cambodian law is applicable to any felony committed by a Cambodian national outside the territory of the Kingdom of Cambodia.

Cambodian law is applicable to misdemeanours committed by Cambodian
nationals in a foreign country if the conduct is also punishable under the law of that country.

These provisions shall be applicable even if the accused acquired Cambodian nationality
after the acts which he or she is alleged to have committed.

Article 20: Where the victim is a Cambodian national

In criminal matters, Cambodian law is applicable to any felony committed by a Cambodian or foreign national outside the territory of the Kingdom of Cambodia, if ill, victim is a Cambodian national at the time of the offence.

Article 21: Initiation of prosecution

In the cases specified in Article 19 (Felony or misdemeanour committed by a Cambodian national) and Article 20 (Where the victim is a Cambodian national), prosecution may only be initiated by the Prosecuting Authority. It must be preceded either:

- by a complaint by the victim or his or her assigns; or

- by a formal information by the authorities of the country where the offence was committed.

Article 22: Special jurisdiction for specific felonies

In criminal matters, Cambodian law is applicable to any felony committed outside the territory of the Kingdom of Cambodia if it is characterised as:

(l) an offence against the security of the Kingdom of Cambodia;

(2) counterfeiting the seal of the Kingdom of Cambodia;

(3) counterfeiting the national currency and banknotes being legal tender in the Kingdom of Cambodia;

(4) an offence against diplomatic or consular agents of the Kingdom of Cambodia:

(5) an offence against diplomatic or consular premises of the Kingdom of Cambodia.