'Contents of request' in document 'Cambodia - Criminal Procedure'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 4 INVESTIGATIONS

TITLE 1 - Investigating Judge

CHAPTER 2 - INVESTIGATION BY AN INVESTIGATING JUDGE

SECTION 8 – Rogatory Commissions

Article 174. Content of Rogatory Commissions

A rogatory commission shall specify the nature of work to be done. The work shall relate directly to the offense which has been charged. A rogatory commission cannot be general, it has to be specific.

The investigating judge shall set the time for carrying out the rogatory commission.

The rogatory commission shall be dated and signed by the investigating judge and shall also be sealed.

The investigating judge may withdraw a rogatory commission at any time.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 4 INVESTIGATIONS

TITLE 1 - Investigating Judge

CHAPTER 3 - SAFETY MEASURES

SECTION 3 - Order to bring

Article 191. Information mentioned in the order to bring

Order to bring shall mention the following information:

The identity of the concerned individual;
The offense to be charged and legal texts that define and suppress such offense;
The name and position title of the judge who issued the order to bring.

Order to bring shall be dated and signed by the investigating judge and sealed.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 4 INVESTIGATIONS

TITLE 1 - Investigating Judge

CHAPTER 3 - SAFETY MEASURES

SECTION 4 - Arrest Warrants

Article 198. Information mentioned in an Arrest Warrant

An arrest warrant shall mention the following information:

The identity of the concerned person;
The offense to be charged and legal texts that define and suppress such offense;
The name and position title of the judge who issued the arrest warrant;

An arrest warrant shall be dated and signed by the investigating judge and sealed.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 9 SEPARATE PROCEDURES

CHAPTER 2- EXTRADITION

SECTION 1 - EXTRADITION REQUESTED BY A FOREIGN STATE

SUB-SECTION 3 – EXTRADITION PROCEDURES

Article 582. Arrest and Detention Warrant against Wanted Person

The Prosecutor General of the Court of Appeal in Phnom Penh may order the arrest and detention against the wanted person.

The warrant shall mention the following information:

the identity of the wanted person;
a reference to the request for pre-trial arrest made by the foreign state;
the full name and title of the judge who issued such order.
The order shall be dated and signed by the Prosecutor General and sealed.

The order of arrest and detention shall be enforceable within the entire territory of the Kingdom of Cambodia.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 9 SEPARATE PROCEDURES

CHAPTER 3 - Transit

Article 595. Transit Request

Transit of a person who is subject to an extradition procedure through Cambodian territory may be allowed, if the extradition is not in connection with a political offense. An application for the transit shall be done through diplomatic channels. The application form shall include necessary supporting documents.