CAMBODIA – PENAL CODE

BOOK ONE - GENERAL PROVISIONS

TITLE 2 - CRIMINAL RESPONSIBILITY

CHAPTER 4 - CRIMINAL RESPONSIBILITY OF LEGAL ENTITIES

Article 42: Criminal responsibility of legal entities
Where expressly provided by law and statutory instruments, legal entities, with the exception of the State, may be held criminally responsible for offences committed on their behalf by their organs or representatives.

The criminal responsibility of legal entities shall not preclude that of natural persons for the same acts.

SECTION I
CORRUPTION OF JUDGES

Article 517: Bribery by judges
The direct or indirect request or unlawful acceptance of a gift, offer, promise or interest by a judge:

(1) to perform an act pertaining to his or her function;

(2) to refrain from performing an act pertaining to his or her function;

shall be punishable by imprisonment from seven to fifteen years.

Article 518: Bribery of judges
The direct, indirect or unlawful giving of a gift, offer, promise or benefit to a judge with a view to obtaining from such a judge:

(1) the performance of an act pertaining to his or her function;

(2) the non-performance of an act pertaining to his or her function;

shall be punishable by imprisonment from five to ten years.

Article 519: 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 518 (Bribery of judges) of this Code.

Legal entities shall be punishable by a fine from ten million to fifty 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) confiscation of the items or funds which were the subject of the offence pursuant
to Article 178 (Ownership, sale and destruction of items confiscated) and Article 179 (Confiscation and rights of third parties) of this Code:

(7) confiscation of the proceeds or property arising out of the offence pursuant to Article 178 (Ownership, sale and destruction of items confiscated) and Article 179 (Confiscation and rights of third parties) of this Code;

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

(9) 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.