CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK THREE THE INVESTIGATIONS

TITLE 2 - INVESTIGATION OF FLAGRANTE DELICTO CASES

CHAPTER 3 - Police Custody

Article 98. Assistance of a Lawyer during Police Custody

Where the period of 24 hours from the starting of the police custody has been lapsed, the detainee may request to talk with a lawyer or other person who is selected by him/her, provided that the selected person is not involved in the offense. This person shall be informed of the request for selection immediately and by all available means. On condition of guaranteeing confidentiality of the discussion, the selected person may enter into the custodial cell and talk with the detained person for 30 (thirty) minutes. Following the meeting, the selected person may make a written note to be attached to the file.

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

The investigating judge shall inform the accused person of his/her rights to choose a lawyer or to have a lawyer appointed for him/her according to the Law on the Statute of Lawyers.

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 2 - Interview of an accused person

Article 149. Rights of the Accused to Defend

The lawyer of an accused person who has been detained may freely communicate with his/her client in a prison or in a detention center. The conversation between the lawyer and the accused person shall not be listened to or recorded by others. The lawyer may read documents of the dossier to his/her client. but the lawyer cannot give the copy of the dossier to his/her client.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 4 INVESTIGATIONS

TITLE 1 - Investigating Judge

CHAPTER 3 - SAFETY MEASURES

SECTION 5 - Pre-trial Detention

Article 206. Remark of an Accused Person and Statement of Reasons of the Order

When an investigating judge makes decision of the pre-trial detention by his/her own initiative or by the introductive requisition of a prosecutor, he/she shall notify the accused person and shall take statements of the accused person. If the accused person has a lawyer with him/her, the lawyer shall present his/her means of defense.

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:
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it