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 143. Notification of placement under examination

When an accused person appears for the first time, the investigating judge shall check his/her identity, inform him/her of the act which has been charged and the type of offense as defined by law. The investigating judge shall tell the accused person that he/she is free whether to answer or not. The notation on the statement shall be written in the record on the first appearance.

If the accused person wants to answer, the investigating judge shall take the statement immediately.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 4 INVESTIGATIONS

TITLE 1 - Investigating Judge

CHAPTER 2 - INVESTIGATION BY AN INVESTIGATING JUDGE

Section 4 Interviewing of Witnesses

Article 157. Impossibility to interview Some Witnesses
To respect rights to self-defense, the investigating judge cannot call as a witness any person to whom there is a lead of evidence to charge. In such case, the judge shall apply the procedures as provided in Article 143 (Notification of Placing under Examination) of this Code.

Article 55
Rights of persons during an investigation
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence