CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 5 JUDGMENTS

TITLE 1 - Judgment of Court of the First Instance

CHAPTER 3 - CONFRONTATIONS

SECTION 3 - Conduct of Confrontations

Article 333. Search for Truth in the Absence of an Accused Person

Even if an accused person is absent, the court shall seek the truth, listen to the answers of the other parties and witnesses, and examine the exhibits.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 5 JUDGMENTS

TITLE 1 - Judgment of Court of the First Instance

CHAPTER 4 DECISIONS

SECTION 1 - Announcement of Judgment

Article 351. Absence of an Accused Person

Beyond reasonable doubts shall be the benefits of the accused.
In case that the accused person is absent, the court shall declare the guilt if it correctly finds that the accused person had actually committed the offense which has been charged.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 5 JUDGMENTS

TITLE 1 - Judgment of Court of the First Instance

CHAPTER 4 DECISIONS

SECTION 1 - Announcement of Judgment

Article 362. Default Judgment

If an accused person does not appear at the hearing and there is no proof that he/she had the knowledge of the committal for trial or the summons, the judgment shall be issued in the absence of the accused person.

The accused person shall be notified of the default judgment. An appeal may be filed against this judgment.

Article 63
Trial in the presence of the accused
1. The accused shall be present during the trial.

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused’s choosing in confidence;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused’s choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor’s possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.