CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK TWO AUTHORITIES ENTRUSTED WITH PROSECUTION, ENQUIRY AND INVESTIGATION

CHAPTER 4 - FUNCTIONS OF PROSECUTORS AT THE COURT OF THE FIRST INSTANCE

SECTION 2 - Implementation of Criminal Actions

Article 48. Procedures for Immediate Appearance

The court may order a pre-trial detention of the accused by issuing a judgment with reasons. In the judgment, the court shall refer to the conditions as provided in Article 205 (Reasons for Pre¬trial Detention) of this Code. The court shall issue the detention warrant.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK THREE THE INVESTIGATIONS

TITLE 2 - INVESTIGATION OF FLAGRANTE DELICTO CASES

CHAPTER 3 - Police Custody

Article 96. Police Custody

In responding to the needs of an investigation, judicial police officers may detain any person who is suspected of involving in an offense. Judicial police officers may also detain any person who may provide them with relevant facts if the following conditions are met:

The person who may be able to provide relevant facts but refuses to provide such information;

Written authorization from the prosecutor for such detention.

Judicial police officers shall immediately report to the prosecutor and shall provide all relevant evidence required for such detention. The duration in police custody shall be 48 (forty eight) hours. The duration shall commence from the time when the detained person arrives at the police or Royal Gendarmeries Unit.

In the case of a felony, when there is a lead which shows that the detained person is guilty, the judicial police officers may extend the duration of the police custody if such a measure is necessary to conduct the investigation properly. Such an extension shall be submitted to the prosecutor who shall confirm the merits. The motive and written permission for an extension of the duration of the police custody shall be included into the case file. The extension of the duration of the police custody is a special action. Such an extension shall not be longer than 24 (twenty four) hours, excluding the time necessary for the transportation of the detained persons.

An extension of the duration of police custody is not permitted if the detained person is a
minor.

In case of felony, a minor aged between 14 years old and less than 16 years old cannot be placed under police custody for more than 36 hours.

In case of misdemeanor, a minor aged between 14 years old and less than 16 years old cannot be placed under police custody for more than 24 hours.

In case of felony, a minor aged between 16 years old and less than 18 years old cannot be placed under police custody for more than 48 hours.

In case of misdemeanor, a minor aged between 16 years old and less than 18 years old cannot be placed under police custody for more than 36 hours.

A minor whose age is less than 14 years old cannot be placed under police custody.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 4 INVESTIGATIONS

TITLE 1 - Investigating Judge

CHAPTER 3 - SAFETY MEASURES

SECTION 1 - Warrants

Article 185. Warrant Issuance

An investigating judge may issue order to appear, order to bring, arrest or detention warrants.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 4 INVESTIGATIONS

TITLE 1 - Investigating Judge

CHAPTER 3 - SAFETY MEASURES

SECTION 5 - Pre-trial Detention

Article 215. Release on Bail of an Accused Person by an Investigating Judge

An investigating judge can order the release of an accused person on bail at any
time.

If an investigating judge intends to release an accused person on bail, the investigating judge shall inform the prosecutor for opinion and shall forward the dossier to the prosecutor for examination. The prosecutor shall provide his/her opinion within the shortest period of time. The investigating judge shall decide within a maximum period of 5 (five) days after forwarding the dossier to the prosecutor.
In an urgent case, the investigating judge can order the release of an accused person immediately, without waiting for the prosecutor's opinion. The investigating judge shall indicate the reasons for such urgency in his/her order.

Article 216. Release on Bail of an Accused Person upon a Request of a Prosecutor

A prosecutor can request the release of an accused person at any time. The investigating judge shall decide within the period of 5 (five) days.

If the investigating judge does not decide within 5 (five) days, the prosecutor can submit a petition to the Investigation Chamber which shall decide instead of the investigating judge.

An order to refuse the release on bail of the accused person shall state reasons.

Article 217. Release on Bail upon Request of an Accused Person

An accused person can request for release on bail at any time. The investigating judge shall immediately send the request to the prosecutor for opinion and shall forward the dossier to the prosecutor for examination. The prosecutor shall provide opinion within the shortest period of time. The investigating judge shall make a decision within the maximum period of 5 (five) days after forwarding the dossier to the prosecutor.

The accused person can re-submit a request for release on bail to the investigating judge or to the Investigation Chamber within 1 (one) month after there is a decision refusing the previous request.

The investigating judge or the Investigation Chamber shall decide the re-request within 5 (five) days from the date of receiving the re-request.

The warrant refusing the release on bail shall state the reasons.

If the investigating judge does not decide within 5 (five) days, the accused person can submit a petition directly to the Investigation Chamber which shall decide instead of the investigating judge.

Article 218. Notification of Release Warrant

The prosecutor and the chief of prison or detention center shall be notified immediately of the release warrant. The provisions of Article 276 (Release of an Accused Person) of this Code shall be applied.

The prosecutor and the accused person shall be notified immediately of a warrant refusing the release on bail.

If an investigating judge decides to release an accused person on bail, the judge can place the accused person under the control of the court as provided in Article 223 (Obligations of Judicial Control) to Article 230 (Escape of an Accused Person from Obligations of Judicial Control) of this Code.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 4 INVESTIGATIONS

TITLE 1 - Investigating Judge

CHAPTER 3 - SAFETY MEASURES

SECTION 6 – Detention Warrants

Article 219. A Detention Warrant Issued by an Investigating Judge An investigation judge can issue a detention warrant.

Article 220. Definition of a Detention Warrant
A detention warrant is an order to the chief of a prison or a detention center to admit and detain an accused person.

An investigating judge can issue a detention warrant only if the accused person is the subject of pre-trial detention order.

Article 221. Information Mentioned in a Detention Warrant A detention warrant shall mention the following information:

the identity of the accused person;
the type of offense to be charged and legal texts that define and suppress the offense;
name and position title of the judge who issued the detention warrant;

A detention warrant shall be dated and signed by the investigating judge and sealed.

Article 222. Execution of Detention Warrants

The chief of a prison or a detention center shall admit and detain the accused person under a detention warrant until there is a notification of release. The chief of prison or detention center shall keep the original detention warrant or a certified copy of the warrant.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 4 INVESTIGATIONS

TITLE 2 - Investigating Chamber

CHAPTER 2 – APPEAL AGAINST WARRANT OF INVESTIGATIVE JUDGES

Article 276. Release of a Detainee

When an investigating judge decides to release an accused person who is under pre-trial detention, the accused person shall be kept in a prison until the expiration of appealing period by a prosecutor, except when the prosecutor agrees to release the accused person immediately. The written decision of the prosecutor shall be attached with the dossier of the procedures.

The same procedure shall be applied in case of non-suit order, when the order has the effect of releasing an accused person who is under detention.

Where an order to release on bail or non-suit order is appealed by the prosecutor, the detainee shall continue to be kept in prison until the Investigation Chamber has decided on the appeal.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 4 INVESTIGATIONS

TITLE 2 - Investigating Chamber

CHAPTER 3 - Pre-trial Detention

Article 278. Warrant on Pre-trial Detention

In the case of pre-trial detention, a judgment of the Investigation Chamber shall be issued within 15 (fifteen) days of receipt of the dossier by the office of the court clerk of the Investigation Chamber. At the expiration of this period, the accused person shall be released on bail except when verifications have been ordered or when there are unforeseeable or insurmountable circumstances causing obstacle to the pronouncement of the judgment within this period.

When the Investigation Chamber orders a pre-trial detention, the Chamber shall have reasons in its judgment by referring the provisions of Article 205 (Reasons for Pre-trial Detention) of this Code. The president of the Investigation Chamber shall issue a detention warrant.

The dossier shall be immediately returned to the investigating judge following the enforcement of the judgment.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 5 JUDGMENTS

TITLE 1 - Judgment of Court of the First Instance

CHAPTER 2 - APPEARANCE OF THE PARTIES

SECTION 1 - Appearance of the Accused Person

Article 303. Appearance with Escort of an Accused Person

In case of procedures for immediate appearance, the accused person shall be escorted by security guards until he/she appears before the court.

The court may decide to put the accused person under pre-trial detention according to Article 48 (Procedures for Immediate Appearance) of this Code.

A judgment on the merits shall be announced not later than 2 (two) weeks starting from the date the accused person appeared in the court.

A pre-trial detention shall be legally terminated at the expiration of the two-week period.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 5 JUDGMENTS

TITLE 1 - Judgment of Court of the First Instance

CHAPTER 2 - APPEARANCE OF THE PARTIES

SECTION 1 - Appearance of the Accused Person

Article 304. Procedures for Immediate Appearance

The court may order the accused person be put under pre-trial detention by judgment which states reasons. In the judgment, the court shall refer to the conditions stipulated in Article 205 (Reasons for Pre-trial Detention) of this Code. The court shall render a detention warrant.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 5 JUDGMENTS

TITLE 1 - Judgment of Court of the First Instance

CHAPTER 2 - APPEARANCE OF THE PARTIES

SECTION 1 - Appearance of the Accused Person

Article 304. Procedures for Immediate Appearance

A judgment on merits shall be announced not later than 2 (two) weeks starting from the date the accused person appeared in the court. The pre-trial detention shall be legally terminated at the expiration of the two-week period.

If the court, which was filed through the procedures for immediate appearance, finds that the conditions stated in Article 47 (Immediate Appearance) of this Code are not fulfilled or that the complexity of the case requires more profound investigations, the court may refer the dossier to the prosecutor in order to commence investigation. The accused person shall be brought to appear before an investigating judge on the same day, otherwise the accused person shall be automatically released.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 5 JUDGMENTS

TITLE 1 - Judgment of Court of the First Instance

CHAPTER 2 - APPEARANCE OF THE PARTIES

SECTION 1 - Appearance of the Accused Person

Article 306. Automatic Release of an Accused Person who is under detention

At any time, the court may order an accused person who is under detention be put in liberty or continuation of the detention according to Article 205 (Reasons for Pre-trial Detention) of this Code.
The court may decide after hearing the accused person, the lawyer and the prosecutor.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 9 SEPARATE PROCEDURES

CHAPTER 2- EXTRADITION

SECTION 1 - EXTRADITION REQUESTED BY A FOREIGN STATE

SUB-SECTION 3 – EXTRADITION PROCEDURES

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.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 9 SEPARATE PROCEDURES

CHAPTER 2- EXTRADITION

SECTION 1 - EXTRADITION REQUESTED BY A FOREIGN STATE

SUB-SECTION 3 – EXTRADITION PROCEDURES

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 58
Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear
5. On the basis of the warrant of arrest, the Court may request the provisional arrest or the
arrest and surrender of the person under Part 9.

Article 59
Arrest proceedings in the custodial State
1. A State Party which has received a request for provisional arrest or for arrest and surrender
shall immediately take steps to arrest the person in question in accordance with its laws and the
provisions of Part 9.
2. A person arrested shall be brought promptly before the competent judicial authority in the
custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person’s rights have been respected.
3. The person arrested shall have the right to apply to the competent authority in the custodial
State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial
State shall consider whether, given the gravity of the alleged crimes, there are urgent and
exceptional circumstances to justify interim release and whether necessary safeguards exist to
ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be
open to the competent authority of the custodial State to consider whether the warrant of arrest
was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make
recommendations to the competent authority in the custodial State. The competent authority in
the custodial State shall give full consideration to such recommendations, including any
recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic
reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the
Court as soon as possible.

Article 92
Provisional arrest
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.
2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:
(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;
(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and
(d) A statement that a request for surrender of the person sought will follow.
3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.
4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.