CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 4 INVESTIGATIONS

TITLE 1 - Investigating Judge

CHAPTER 3 - SAFETY MEASURES

SECTION 4 - Arrest Warrants

Article 200. Dissemination of Arrest Warrant Internationally

In case of necessity, an arrest warrant can be internationally disseminated through the Ministry of Justice by using various effective mechanisms.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 9 SEPARATE PROCEDURES

CHAPTER 2- EXTRADITION

SECTION 1 - EXTRADITION REQUESTED BY A FOREIGN STATE

SUB-SECTION 2 – CONDITIONS OF EXTRADITION

Article 578. Suspension of an Extradition

If the wanted person was charged by the court in the Kingdom of Cambodia, the extradition shall be postponed while the prosecution is underway or the extradition shall also be suspended when the sentence is made but it is not served.

However, the Kingdom of Cambodia may temporarily agree with the transfer of the wanted person to the requesting state for trial in that state. The requesting state shall promise to return the concerned person to the Cambodian authorities after the completion of the trial procedures.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 9 SEPARATE PROCEDURES

CHAPTER 2- EXTRADITION

SECTION 1 - EXTRADITION REQUESTED BY A FOREIGN STATE

SUB-SECTION 1 -Extradition

Article 566. Extradition of Foreign Resident in the Territory

The Kingdom of Cambodia may agree to deliver to a foreign state a foreign resident who is residing in the territory of Cambodia who is:
subject to a judicial charge in this state; or
sentenced to imprisonment by the court of this state.

Article 567. International Conventions and Treaties

The extradition of a foreign resident who is arrested in the territory of the Kingdom of Cambodia shall be governed by provisions of international conventions and treaties ratified by the Kingdom of Cambodia. In case that there is no international convention or treaty ratified by the Kingdom of Cambodia, the provisions of this Chapter shall apply, unless otherwise provided in a separate law.

Article 568. Definition: Requesting State and Wanted Person In this section, it is called:
“Requesting State” shall mean a foreign state which requests extradition of a foreign resident;
“Wanted Person” is a foreign resident who is residing in the Kingdom of Cambodia and who is the subject of an extradition request.

SUB-SECTION 2

Conditions of Extradition

Article 569. Conditions of Extradition in relation to Acts

An extradition may be made only if the acts charged against the wanted person is also an offense under both the laws of the requesting state and the law of Kingdom of Cambodia, even though:

The act of offense is determined differently; or
The name of the offense, use of terminology, or definition or determination of characteristics of offense is different; or
Elements of crime under the laws of the requesting State are different from those under the laws of the Kingdom of Cambodia, provided that the whole set of elements of the acts presented by the requesting state is considered as an offense under the provisions of laws in force in Cambodia.
Article 570. Attempt of Offense and Conspiracy

If the act charged under laws of the requesting state is considered as an attempt of committing an offense, the extradition is possible only if the attempt of committing such offense can be prosecuted under the laws of the Kingdom of Cambodia.

The provisions of this Article shall also apply to accomplices.

Article 571. Conditions in relation to Imprisonment Sentence

An extradition shall be possible only if the act charged against the wanted person carries the maximum imprisonment sentence of at least 2 (two) years according to the law of the requesting state.

However, the extradition shall also be possible if the wanted person was sentenced by the court of the requesting state to imprisonment of at least 6 (six) months and this sentence has come into effect regardless of the length of the sentence as defined by laws.

Article 572. Conditions in relation to the Place of Committing an Offense

When the act charged against any wanted person was committed in the territory of the requesting state, extradition shall also be possible even the wanted person is not the citizen of the requesting state.

When the act charged against the wanted person was committed outside the territory of the requesting state, extradition shall be possible if the wanted person is the citizen of the requesting state.

Article 573. Political Acts

An extradition shall not be possible if the act charged is political.

However, political offense shall not be considered for any violence which caused danger to life, physical integrity or individual freedom.

Article 574. Offense that was Committed in the Territory and was Completely Tried

An extradition shall not be possible if the act charged was committed in Cambodia’s territory and was completely tried in Cambodia.

Article 575. Extinction of Criminal Actions

An extradition shall not be possible if the criminal action is extinguished under the law of the requesting State.

If an act charged was committed in Cambodia, an extradition shall not be possible if the criminal action is extinguished under the laws of Cambodia.

Article 576. Several Extradition Requests against the Same Person

When there is more than one foreign state requesting an extradition of the same person, and if the extradition is possible, the following circumstances shall be considered:
The obligations under relevant treaties;
The seriousness of the offense;
The time and place where the offense was committed;
The date and the order of the receipt of requests;
The nationality, domicile, residence of the wanted person and the victim;
The possibility of the requesting state in returning the wanted person.

Article 577. Conditions of Extradition in relation to the Request

An extradition shall be possible only if the requesting state promises not to make any other charge other than that specified in the extradition request and when such offense was committed before the arrest of the wanted person.

However, the charge may be made if there is an approval from the Kingdom of Cambodia.

In this case, the requesting state shall make an additional request to the Cambodian authorities.

Article 578. Suspension of an Extradition

If the wanted person was charged by the court in the Kingdom of Cambodia, the extradition shall be postponed while the prosecution is underway or the extradition shall also be suspended when the sentence is made but it is not served.

However, the Kingdom of Cambodia may temporarily agree with the transfer of the wanted person to the requesting state for trial in that state. The requesting state shall promise to return the concerned person to the Cambodian authorities after the completion of the trial procedures.

SUB-SECTION 3 - Extradition Procedures

Article 579. Certification of an Extradition Request

All extradition requests shall be submitted to Royal Government of Cambodia through diplomatic channels. Each request shall be supported by a certification of evidence.

The certification of evidence shall include:
Sufficient documents to identify the wanted person;
Report on the facts to be charged against the wanted person;
Legal texts applicable to such acts and possible sentence;
A copy of the sentence decision, if any.

All documents shall be officially signed, sealed and put in a closed envelope, and if they are not in Khmer, English or French version, the certified translation into one of the three languages shall be attached.

Article 580. Referral of an Extradition Request

The Minister to Foreign Affairs of Cambodia shall refer an extradition request and certification of evidence to the Minister of Justice. The Minister of Justice shall examine the regularities of the request and then refer the request to the Prosecutor General of the Court of Appeal in Phnom Penh.

Article 581. Request for Pre-trial Arrest

The requesting state may request for the pre-trial arrest of the wanted person.

In case of emergency, the request for pre-trial arrest may be made prior to the extradition request provided in Article 579 (Certification of Extradition Request) of this Code.

The pre-trial arrest, which aims to prevent the wanted person from escaping, does not require the compliance of any other separate proceeding.

The person who is the subject of pre-trial arrest procedures shall be released automatically if the Royal Government of Cambodia does not receive the documents specified in Article 579 (Certification of Extradition Request) within 2 (two) months from the date of arrest.

Article 582. Arrest and Detention Warrant against Wanted Person

The Prosecutor General of the Court of Appeal in Phnom Penh may order the arrest and detention against the wanted person.

The warrant shall mention the following information:
the identity of the wanted person;
a reference to the request for pre-trial arrest made by the foreign state;
the full name and title of the judge who issued such order.
The order shall be dated and signed by the Prosecutor General and sealed.

The order of arrest and detention shall be enforceable within the entire territory of the Kingdom of Cambodia.

Article 583. Presentation of the Wanted Person to a Competent Prosecutor or Prosecutor General

In case of the arrest, the wanted person shall be brought within the shortest period of time before the territorial competent prosecutor who shall notify such person of the arrest and detention order and interview him/her.

The wanted person shall be transferred for detention in a prison in Phnom Penh. This person may request the Prosecutor General of the court of Appeal in Phnom Penh to hear his/her statement.

Article 584. Filing the Case with the Investigation Chamber

The Prosecutor General shall prepare the dossier for filing with the Investigation Chamber of the Court of Appeal in Phnom Penh.

Article 585. Proceeding before the Investigation Chamber

The wanted person shall appear before the Investigation Chamber. He/she may be accompanied by a lawyer of his/her choice or by a lawyer appointed pursuant to the Law on the Statute of Lawyers.

The confrontation shall be conducted in a closed door room. The Investigation Chamber may call on an interpreter, if necessary.

After hearing the statement of the wanted person, the conclusion of the request by the Prosecutor General, and the conclusion of the defense lawyer, the Investigation Chamber shall give opinions in a form of a judgment which state reasons on the extradition request.

Article 586. Opinion of the Investigation Chamber
The Investigation Chamber may issue an opinion opposing the extradition request if it finds that the legal requirements for extradition have not been met.

Article 587. Application for Release On Bail of a Wanted Person A wanted person may request for release on bail.

The request shall be in writing.

The request shall be submitted to the Investigation Chamber which will make its decision after hearing the wanted person’s statement, the conclusion of the Prosecutor General, and the statement of the defense lawyer.

Article 588. Acceptance of Extradition

If the wanted person agreed to be extradited pursuant to the request of the requesting state, the
Investigation Chamber shall include such agreement in its judgment after receiving complete information about the consequences of the agreement for extradition .

Article 589. Effects of the Opinion of the Investigation Chamber

When it becomes final, the judgment of the Investigation Chamber shall be informed immediately to the Minister of Justice.

If the Investigation Chamber made an opposing opinion, the extradition shall not be made by the Cambodian Government. The wanted person shall be released immediately unless such person is the subject of detention for another case.

If the Investigation Chamber made an agreeing opinion, the Minister of Justice may refer the case to the Royal Government to issue a sub-decree ordering the extradition of the wanted person.

If the extradition is ordered, the wanted person shall be delivered to the requesting state. The expenses of extradition shall be borne by the requesting state. The security and protection of the wanted person during the period in which he/she is outside Cambodia shall be the responsibility of the requesting State.

If the requesting state fails to start procedures for repatriation within 30 (thirty) days after the notification of the sub-decree ordering such extradition, the wanted person shall be put in liberty.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 9 SEPARATE PROCEDURES

CHAPTER 2- EXTRADITION

SECTION 2 -Extradition Requested by the Kingdom of Cambodia to a Foreign State

Article 590. Competence of the Investigation Chamber

The Investigation Chamber of the Court of Appeal in Phnom Penh is the sole body which has competence to examine the regularity of extradition request to be made by the Cambodian government.

The extradited person shall have 15 (fifteen) days from the date in which he/ she arrived in Cambodia to request for annulment of the extradition.

The request shall be made in writing.

Article 591. Procedures before the Investigation Chamber

The Investigation Chamber shall make a decision after hearing the statement of the person to be extradited, the conclusion of the Prosecutor General and the conclusion of the defense
lawyer.

Article 592. Sustaining Effect of Annulment to Extradition Request

The request to annul an extradition shall not postpone the charge procedure being made against the person to be extradited.

Article 593. Effect of Extradition Annulment

If the extradition is voided by a final decision of the Investigation Chamber, the on-going charge procedure shall be terminated. The person to be extradited shall be put in liberty and shall have the freedom to leave Cambodia.

However, at the expiration of the 30 (thirty) day period starting from the date of release, the person to be extradited may be re-arrested in Cambodia and become the subject of the re-charge procedure for the acts leading to such extradition.

Article 594. Consent of a State that has Delivered the Foreign National to the Kingdom of Cambodia

If the Kingdom of Cambodia receives an extradition of a foreign national and later receives a request for extradition from another foreign state, the Kingdom of Cambodia may agree with this request after obtaining agreement from the state which has delivered this national to the Royal Government of Cambodia.

However, the above consent is not necessary if this foreign national has freely left Cambodia within the 30 (thirty) day period.

Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.
2. The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State.
3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.
4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.
5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.
6. If a request for assistance is denied, the requested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial.
7. (a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.
8. (a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.
(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.
(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.
9. (a) (i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.
(ii) Failing that, competing requests shall be resolved in accordance with the principles established in article 90.
(b) Where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.
10. (a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.
(b) (i) The assistance provided under subparagraph (a) shall include, inter alia:
a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and
b. The questioning of any person detained by order of the Court;
(ii) In the case of assistance under subparagraph (b) (i) a:
a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;
b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.
(c) The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.