'Rights during trial - counsel of accused's choosing' in document 'Cambodia - Criminal Procedure'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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 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 300. Appearance of an Accused Person

An accused person shall appear during hearing of the court directly.

The accused person may be assisted by a lawyer chosen by him/herself. The accused may also request to have a lawyer appointed for him/her in accordance with the Law on Statute of Lawyers.

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.

RELEVANT ROME STATUTE PROVISIONS

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