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.

Article 94
Postponement of execution of a request in respect of ongoing investigation or prosecution
1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.
2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).