'Territorial 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 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.