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.

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:
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence