CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK TWO AUTHORITIES ENTRUSTED WITH PROSECUTION, ENQUIRY AND INVESTIGATION

CHAPTER 4 - FUNCTIONS OF PROSECUTORS AT THE COURT OF THE FIRST INSTANCE

SECTION 2 - Implementation of Criminal Actions

When deciding to apply the procedures for immediate appearance, the prosecutor shall:

Recieve the statement of the person if he/she wants to make;

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 4 INVESTIGATIONS

TITLE 1 - Investigating Judge

CHAPTER 1 - GENERAL PROVISIONS

Article 133. Request to act by the Accused Person

At any time during an investigation, the accused person can request the investigating judge to interview him or her, to hear the statement of the plaintiff of a civil party or witness, to cross examination or go to the site. The request must be in writing with a statement of factual reasons.

If the investigating judge does not grant the request, that investigating judge shall write the rejection order within one (1) month after receiving the request. This order shall state the factual reasons and the prosecutor and the accused person shall immediately be notified of the order.

If the investigating judge does not decide within one (1) month, the accused person can directly file a complaint through his or her request to the investigation chamber to make decision instead of the investigating judge.

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 156. Authorized Witness without Swearing
The following witnesses are authorized to make a statement without swearing:

1. The father, mother and ascendants of the accused person;
2. The sons, daughters and all other descendants of the accused person;
3. The brothers and sisters of the accuse person;
4. The brother-in-laws and sister-in-laws of the accused person;
5. The spouse of the accused person, even if they have been divorced;
6. Any child who is less than 14 years old.

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:
(h) To make an unsworn oral or written statement in his or her defence