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CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK THREE THE INVESTIGATIONS
TITLE 2 - INVESTIGATION OF FLAGRANTE DELICTO CASES
CHAPTER 3 - Police Custody
Article 97. Record of Police Custody
Judicial police officers shall also inform the detainee about the rights provided in Article 98 (Assistance from a Lawyer during Police Custody) of this Code. If necessary, a judiciary police officer may call for an interpreter.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK THREE THE INVESTIGATIONS
Title 3 - PRIMARY INVESTIGATIONS
Single Chapter - Primary Investigations
Article 115. Record of Interviews –Primary Investigations Each interview must have a record.
The record shall be accurately produced from the statement of the relevant person. If necessary, the judicial police officer may call for an interpreter who must swear in accordance with his/her religion or beliefs to interpret the responses accurately. The interpreter cannot be selected from among the police, the Royal Gendarmeries, or any person who is involved in the case.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 4 INVESTIGATIONS
TITLE 1 - Investigating Judge
CHAPTER 2 - INVESTIGATION BY AN INVESTIGATING JUDGE
SECTION 1 - Notification of placement under examination
Article 144. Assistance of Interpreter/Translator
When it is necessary, the investigating judge shall call on an interpreter. The interpreter shall swear according to his/her religion or beliefs that he/she shall help the court and interpret the answers accurately. In any case, the interpreter cannot be selected from among judges, court clerks, police, Royal Gendarmeries, parties or witnesses.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 4 INVESTIGATIONS
TITLE 1 - Investigating Judge
CHAPTER 2 - INVESTIGATION BY AN INVESTIGATING JUDGE
SECTION 2 - Interview of an accused person
Article 145. The Presence of Lawyer During Interview
When an accused person has a lawyer, the investigating judge shall invite the lawyer at least 5 (five) days before the interview takes place. During that period, the lawyer can examine the procedural case file.
An accused person can only be interviewed with the presence of his/her lawyer. However, if the lawyer was properly invited but does not show up on the set date and time, the investigating judge can interview the accused person without the presence of the lawyer. The absence of the lawyer shall be noted in writing in the minute of the accused person’s interview.
In special cases, the investigating judge can interview the accused person without summoning the lawyer if the accused person expressly waives the presence of his/her lawyer. This waiver shall be written in a separate report other than the report on the interview of the accused person and shall be signed by the accused person.
In the case of emergency, the investigating judge can also interview the accused person without the presence of the lawyer. This emergency situation shall be caused by the deadly injury or caused by the fear of losing evidence leads. The type of the emergency shall be written as notation in the report.
The investigating judge can call on an interpreter as provided in Article 144 (Assistance of Interpreter/Translator) of this Code.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 4 INVESTIGATIONS
TITLE 1 - Investigating Judge
CHAPTER 2 - INVESTIGATION BY AN INVESTIGATING JUDGE
Section 4 Interviewing of Witnesses
Article 155. Assistance of an Interpreter
The investigating judge can request for an interpreter to interview the witness as provided in Article 144 (Assistance of Interpreter/Translator) of this Code.
Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness