CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 9 SEPARATE PROCEDURES

CHAPTER 2- EXTRADITION

SECTION 1 - EXTRADITION REQUESTED BY A FOREIGN STATE

SUB-SECTION 2 – CONDITIONS OF EXTRADITION

Article 569. Conditions of Extradition in relation to Acts

An extradition may be made only if the acts charged against the wanted person is also an offense under both the laws of the requesting state and the law of Kingdom of Cambodia, even though:

The act of offense is determined differently; or

The name of the offense, use of terminology, or definition or determination of characteristics of offense is different; or

Elements of crime under the laws of the requesting State are different from those under the laws of the Kingdom of Cambodia, provided that the whole set of elements of the acts presented by the requesting state is considered as an offense under the provisions of laws in force in Cambodia.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 9 SEPARATE PROCEDURES

CHAPTER 2- EXTRADITION

SECTION 1 - EXTRADITION REQUESTED BY A FOREIGN STATE

SUB-SECTION 2 – CONDITIONS OF EXTRADITION

Article 575. Extinction of Criminal Actions

An extradition shall not be possible if the criminal action is extinguished under the law of the requesting State.

If an act charged was committed in Cambodia, an extradition shall not be possible if the criminal action is extinguished under the laws of Cambodia.

Article 22
Nullum crimen sine lege
1. A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.
2. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.
3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.