'Nationality jurisdiction - national proceedings' in document 'Cambodia - Criminal Law Provisions'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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.