Jump to:
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 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 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
When deciding to apply the procedures for immediate appearance, the prosecutor shall:
check the identification of the person who has been referred to him/her;
inform that person of the facts to which he/she was charged and the type of offense;
receive the statements from that person, if he/she wishes to make;
prepare a record on the order of immediate appearance.
The prosecutor shall inform the accused person that he/she is entitled to get assistance of a lawyer of his/her own choice or a lawyer who is appointed in accordance with the Law on Statute of Lawyers.
The selected or appointed lawyer shall be informed immediately. The lawyer may have access to the dossier and communicate with the accused person.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 5 JUDGMENTS
TITLE 1 - Judgment of Court of the First Instance
CHAPTER 3 - CONFRONTATIONS
SECTION 2 - The Rules of Evidence
Article 321. Evaluation of Evidence by the court
Unless otherwise required by a law, any evidence in criminal cases is freely admissible. The court shall have a free choice to determine the value of the evidence submitted to the court on the ground of its true belief.
The decision of the court shall be based only on the evidence which it has in the file or which has been presented at the hearing.
A confession shall be submitted to the court for consideration in the same manner as other evidence.
Answers given under the physical or mental duress shall have no evidentiary value.
Communications between the accused person and his/her lawyers is not admissible as evidence.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 8 EXECUTION PROCEDURES
TITLE 2 - EXECUTION OF PRE-TRIAL DETENTION AND PUNISHMENT DEPRIVING LIBERTY
CHAPTER 1 - Rules governing Detention
Article 510. Conversations of a Detainee with his/her Lawyer
A detainee is entitled to have confidential conversations with his/her lawyer.
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:
(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