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CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK THREE THE INVESTIGATIONS
TITLE 2 - INVESTIGATION OF FLAGRANTE DELICTO CASES
CHAPTER 2 - Investigative Measures
Article 93. Interview Records
Judicial police officers may order to appear or bring any person who is suspected of participating in commission of an offense to their units. The judicial police officers shall interview that suspect.
Each interview shall be recorded.
The record shall be an accurate account of the interviewed person’s responses. If necessary, the judicial police officers may find an interpreter who shall swear according to his or her own religion or beliefs to speak the truth. The interpreter shall not be chosen from among the police or the Royal Gendarmeries or any persons who are involved in this case.
Each page of the record shall bear the signature or finger-print of the interviewed person.
Before signing or affixing the finger-print, the person shall re-read the record. If necessary, the judicial police officer shall read the record aloud. The judicial police officers may call for a translator. When the person refuses to sign or affix his or her finger-print the judicial police officer shall mention in the record.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK THREE THE INVESTIGATIONS
TITLE 2 - INVESTIGATION OF FLAGRANTE DELICTO CASES
CHAPTER 2 - Investigative Measures
Article 94. Order to Appear –in Case of Flagrant Crime Investigation.
Judicial police officers may invite any person, who can provide them with the relevant facts and listen to them.
The invited person shall turn up. In case of refusal, the judicial police officer shall inform the prosecutor who may order such person to appear. The order to appear shall include the identification of the relevant person, the date and the signature of the prosecutor and the order shall also be stamped. The order to appear allows the judicial police officers to use public forces to compel the person to appear. Paragraphs 2 to 5 of Article 93 (Interview Records) of this Code shall be applied.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK THREE THE INVESTIGATIONS
Title 3 - PRIMARY INVESTIGATIONS
Single Chapter - Primary Investigations
Article 113. Search
When the primary investigation involves a felony or misdemeanor, judicial police officers may conduct a search and seize relevant exhibits.
Judicial police officers shall seek an expressed and real consent from the owner of the premises. The consent shall be hand-written by the owner of the premises. If the owner is illiterate, the judicial police officer shall state clearly in the record that the owner of the premises is illiterate and approves the search.
Where the owner of the premises is absent or denies the search, the president of the court of the first instance who has territorial jurisdiction may issue authorized search order upon request from the prosecutor. The prosecutor shall personally direct the search. The search shall be conducted with the presence of the owner of the premises, or with the presence of two witnesses if the owner is absent. The witnesses shall be selected by the prosecutor. The witnesses cannot be judicial police or Royal Gendarmeries who are in the joint operating forces in the search. The search cannot be conducted before six (6) o’clock in the morning and after six (6) o’clock in the evening.
The provisions of Article 92 (Affixation of Stamp on Exhibits) of this Code shall apply to the seized objects.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK THREE THE INVESTIGATIONS
Title 3 - PRIMARY INVESTIGATIONS
Single Chapter - Primary Investigations
Article 114. Order to Appear –Primary Investigations
Judicial police officers may subpoena and interview any person who is suspected of involving in an offense or who may provide relevant information on the matter.
The subpoenaed person must appear. In case of resistance, the judicial police officer shall notify the prosecutor who may issue an order to appear. The order to appear shall state the identity of the relevant person, the date shall be signed by the prosecutor with stamp.
The order to appear shall allow the judicial police officer to use public forces to compel such person to appear.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK THREE THE INVESTIGATIONS
Title 3 - PRIMARY INVESTIGATIONS
Single Chapter - Primary Investigations
Article 115. Record of Interviews –Primary Investigations Each interview must have a record.
The record shall be accurately produced from the statement of the relevant person. If necessary, the judicial police officer may call for an interpreter who must swear in accordance with his/her religion or beliefs to interpret the responses accurately. The interpreter cannot be selected from among the police, the Royal Gendarmeries, or any person who is involved in the case.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 4 INVESTIGATIONS
TITLE 1 - Investigating Judge
CHAPTER 2 - INVESTIGATION BY AN INVESTIGATING JUDGE
SECTION 4 Interviewing of Witnesses
Article 153. Interviewing of Witnesses
The investigating judge can interview any person whose response may be useful to the revelation of the truth.
The investigating judge shall interview witnesses separately, without the presence of the accused person and civil party. The investigating judge can also arrange a confrontation between the accused person, civil party and witnesses.
Any person who has been subpoenaed by the investigating judge shall appear.
In the case of refusal to appear, the investigating judge can request the public forces to cause the witness to appear. The investigating judge shall issue an order to appear. This order shall include identity of the witness and shall be dated and signed by the investigating judge with stamp.
Article 154. Oath of Witnesses
Before the interview, each witness shall swear in accordance with their religion or beliefs that he/she only speaks the truth. The formality of the oath shall be defined in the annex of this Code.
Article 155. Assistance of an Interpreter
The investigating judge can request for an interpreter to interview the witness as provided in Article 144 (Assistance of Interpreter/Translator) of this Code.
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.
Article 157. Impossibility to interview Some Witnesses
To respect rights to self-defense, the investigating judge cannot call as a witness any person to whom there is a lead of evidence to charge. In such case, the judge shall apply the procedures as provided in
Article 143 (Notification of Placing under Examination) of this Code.
Article 158. Visit the Resident of a Witness
If the witness is sick or cannot travel, the investigating judge and the court clerk can go to his/her resident or to the place where the witness stays to take the statement.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 4 INVESTIGATIONS
TITLE 1 - Investigating Judge
CHAPTER 2 - INVESTIGATION BY AN INVESTIGATING JUDGE
SECTION 5 - Search and Seizure of Exhibits
Article 159. Rules to be applied in Searching The investigating judge can conduct a search.
An investigating judge shall conduct a search in the presence of the occupant of a place or if there is no presence of the occupant, the search shall be conducted in the presence of two (2) witnesses to be selected by the judge. The witnesses cannot be police or Royal Gendarmeries which is under the joint operation forces of the search.
An investigating judge cannot begin a search before 6:00 A.M and after 6:00 P.M., except in the case of searching:
At a place that is open to the public;
At all places where drugs are produced, stored, trafficked, distributed or used.
The search of a lawyer’s office shall only be conducted in the presence of the president of the Bar Association or his/her delegates.
The investigating judge shall prepare the search record to be signed by him/herself and the court clerk together with the occupant of the place or two (2) witnesses.
The record shall include the identification of the occupant of the place, or each witness. If the search is conducted in a lawyer’s office, the record shall note the presence of the president of the Bar Association or his/her delegates.
Article 160. Affixation of Stamp on Exhibits
An investigating judge may seize exhibits. The investigating judge shall affix stamp on the exhibits.
After showing the seized exhibits to the occupant of the place or to the two (2) witnesses, the investigating judge shall make a record on the seizure, including an inventory list of the seized exhibits. The record of such seizure shall be signed by the investigating judge and court clerk together with the occupant of the place or two (2) witnesses. The record shall include the identification of the occupant of the place or of each witness.
Article 161. Return of Seized Items to Owner by an Investigating Judge
When a settlement warrant has not been issued, the investigating judge shall have the competence to
return the seized items to the owner if there is no clear dispute over the ownership of the seized items.
The investigating judge shall make a well motivated decision after receiving an opinion from the prosecutor. The decision shall be immediately notified to the complainant and his/her appointed lawyer, if any.
The items shall not be returned to the requesting person if this measure may create obstacles to ascertaining the truth.
Objects which cause danger to human-being or property, such as weapons, explosives, or items illegally possessed, shall not be returned to the owner. Such objects shall be confiscated as state property.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 4 INVESTIGATIONS
TITLE 1 - Investigating Judge
CHAPTER 2 - INVESTIGATION BY AN INVESTIGATING JUDGE
SECTION 8 – Rogatory Commissions
Article 179. Rules for Interview by a Judicial Police Officer
A judicial police officer can summon and interview witnesses.
Before answering any questions, each witness shall swear according to his/her religion or beliefs that they will speak only the truth, except for the witnesses listed in Article 156 (Authorized Witness without Swearing) who are exempted from taking an oath. To respect the rights to self-defense, the judicial police officer cannot interview as a witness any person with lead of quilt on that person. If the interview of any witness indicates the potential guilt of that witness, the judicial police officer shall stop the interview and shall report it to the investigating judge. A judicial police officer may call on an interpreter who shall swear according to his or her religion or beliefs that he/ she will assist the court by interpreting fairly and accurately.
A person who is called for questioning as a witness shall appear. In case of refusal, the judicial police officer shall report to the investigating judge, who can issue a warrant to the witness to appear in which the identification of the witness shall be specified. This warrant shall be dated, signed by the investigating judge and sealed. The warrant to the witness to appear shall authorize the judicial police officers to use public forces for compulsory appearance to the witness.
The provisions of paragraphs 2 to 5 of Article 93 (Record of Interview) of this Code shall be applied on the record of witness interview.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 4 INVESTIGATIONS
TITLE 1 - Investigating Judge
CHAPTER 2 - INVESTIGATION BY AN INVESTIGATING JUDGE
SECTION 8 – Rogatory Commissions
Article 181. Search and Seizure Conducted by a Judicial Police Officer
Judicial police officers can search and seize objects according to the provisions of Articles 91 (Search) and 92 (Affixation of Stamp on Exhibits) of this Code. However, authorization as stated in the second phrase of paragraph 1 of Article 91 (Search) of this Code shall be provided by the investigating judge.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 4 INVESTIGATIONS
TITLE 1 - Investigating Judge
CHAPTER 3 - SAFETY MEASURES
SECTION 5 - Pre-trial Detention
Article 215. Release on Bail of an Accused Person by an Investigating Judge
An investigating judge can order the release of an accused person on bail at any
time.
If an investigating judge intends to release an accused person on bail, the investigating judge shall inform the prosecutor for opinion and shall forward the dossier to the prosecutor for examination. The prosecutor shall provide his/her opinion within the shortest period of time. The investigating judge shall decide within a maximum period of 5 (five) days after forwarding the dossier to the prosecutor.
In an urgent case, the investigating judge can order the release of an accused person immediately, without waiting for the prosecutor's opinion. The investigating judge shall indicate the reasons for such urgency in his/her order.
Article 216. Release on Bail of an Accused Person upon a Request of a Prosecutor
A prosecutor can request the release of an accused person at any time. The investigating judge shall decide within the period of 5 (five) days.
If the investigating judge does not decide within 5 (five) days, the prosecutor can submit a petition to the Investigation Chamber which shall decide instead of the investigating judge.
An order to refuse the release on bail of the accused person shall state reasons.
Article 217. Release on Bail upon Request of an Accused Person
An accused person can request for release on bail at any time. The investigating judge shall immediately send the request to the prosecutor for opinion and shall forward the dossier to the prosecutor for examination. The prosecutor shall provide opinion within the shortest period of time. The investigating judge shall make a decision within the maximum period of 5 (five) days after forwarding the dossier to the prosecutor.
The accused person can re-submit a request for release on bail to the investigating judge or to the Investigation Chamber within 1 (one) month after there is a decision refusing the previous request.
The investigating judge or the Investigation Chamber shall decide the re-request within 5 (five) days from the date of receiving the re-request.
The warrant refusing the release on bail shall state the reasons.
If the investigating judge does not decide within 5 (five) days, the accused person can submit a petition directly to the Investigation Chamber which shall decide instead of the investigating judge.
Article 218. Notification of Release Warrant
The prosecutor and the chief of prison or detention center shall be notified immediately of the release warrant. The provisions of Article 276 (Release of an Accused Person) of this Code shall be applied.
The prosecutor and the accused person shall be notified immediately of a warrant refusing the release on bail.
If an investigating judge decides to release an accused person on bail, the judge can place the accused person under the control of the court as provided in Article 223 (Obligations of Judicial Control) to Article 230 (Escape of an Accused Person from Obligations of Judicial Control) of this Code.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 4 INVESTIGATIONS
TITLE 1 - Investigating Judge
CHAPTER 3 - SAFETY MEASURES
SECTION 6 – Detention Warrants
Article 219. A Detention Warrant Issued by an Investigating Judge An investigation judge can issue a detention warrant.
Article 220. Definition of a Detention Warrant
A detention warrant is an order to the chief of a prison or a detention center to admit and detain an accused person.
An investigating judge can issue a detention warrant only if the accused person is the subject of pre-trial detention order.
Article 221. Information Mentioned in a Detention Warrant A detention warrant shall mention the following information:
the identity of the accused person;
the type of offense to be charged and legal texts that define and suppress the offense;
name and position title of the judge who issued the detention warrant;
A detention warrant shall be dated and signed by the investigating judge and sealed.
Article 222. Execution of Detention Warrants
The chief of a prison or a detention center shall admit and detain the accused person under a detention warrant until there is a notification of release. The chief of prison or detention center shall keep the original detention warrant or a certified copy of the warrant.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 5 JUDGMENTS
TITLE 1 - Judgment of Court of the First Instance
CHAPTER 2 - APPEARANCE OF THE PARTIES
SECTION 4 - The Appearance of Witnesses
Article 315. Appearance of Witnesses
Witnesses shall appear before the court in accordance with the summons. The court may use public forces in order to make the witnesses to appear.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 5 JUDGMENTS
TITLE 1 - Judgment of Court of the First Instance
CHAPTER 3 - CONFRONTATIONS
SECTION 3 - Conduct of Confrontations
Article 325. Interview of an Accused Person
The chairman of hearing shall inform the accused person of the acts that he/she is accused of and shall conduct the interview of the accused person. The chairman of hearing shall ask any questions which he/she believes that they are conducive to ascertaining the truth. The chairman of hearing has a duty to ask the accused person any questions leading either to charge or to discharge the accused person.
After the chairman of hearing questions the accused person, the prosecutor, the lawyers and all the parties shall be allowed to question the accused person. All questions shall be asked with the permission of the chairman of hearing. Except for questions asked by prosecutors and lawyers, all questions shall be asked through the chairman of hearing. In case of objection to a question, the chairman of hearing shall decide discretionarily if the question can be asked or not.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 5 JUDGMENTS
TITLE 1 - Judgment of Court of the First Instance
CHAPTER 4 DECISIONS
SECTION 1 - Announcement of Judgment
Article 353. Detention Warrant and Arrest Warrant Issued by the Court
If the court declares the punishment to at least 1 (one) year imprisonment without suspension, the court by a special decision with reasons, may issue during the hearing:
a detention warrant against the accused person who is present;
an arrest warrant against the accused person who is absent.
These detention warrants and arrest warrants shall be effective immediately. These warrants shall mention the following:
the identification of the guilty person;
the nature of punishment and the legal texts which are the basis for the punishment;
the full name and position title of the judge who has issued the warrant.
These warrants shall be dated, signed by this judge and sealed.
The guilty person who is arrested by the execution of arrest warrant shall be presented within the shortest period of time in front of a prosecutor at the place where he/she has been arrested and the person concerned shall then be informed of the warrant and detained.
If a judgment is issued by default, the guilty person who wishes to appeal against this judgment shall appear before the court that has issued the judgment within the shortest period of time. The guilty person may apply for bail. The court shall make a decision in accordance with Article 307 (Application for Release of an Accused Person who is under detention) of this Code.
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 578. Suspension of an Extradition
If the wanted person was charged by the court in the Kingdom of Cambodia, the extradition shall be postponed while the prosecution is underway or the extradition shall also be suspended when the sentence is made but it is not served.
However, the Kingdom of Cambodia may temporarily agree with the transfer of the wanted person to the requesting state for trial in that state. The requesting state shall promise to return the concerned person to the Cambodian authorities after the completion of the trial procedures.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 9 SEPARATE PROCEDURES
CHAPTER 2- EXTRADITION
SECTION 1 - EXTRADITION REQUESTED BY A FOREIGN STATE
SUB-SECTION 1 -Extradition
Article 566. Extradition of Foreign Resident in the Territory
The Kingdom of Cambodia may agree to deliver to a foreign state a foreign resident who is residing in the territory of Cambodia who is:
subject to a judicial charge in this state; or
sentenced to imprisonment by the court of this state.
Article 567. International Conventions and Treaties
The extradition of a foreign resident who is arrested in the territory of the Kingdom of Cambodia shall be governed by provisions of international conventions and treaties ratified by the Kingdom of Cambodia. In case that there is no international convention or treaty ratified by the Kingdom of Cambodia, the provisions of this Chapter shall apply, unless otherwise provided in a separate law.
Article 568. Definition: Requesting State and Wanted Person In this section, it is called:
“Requesting State” shall mean a foreign state which requests extradition of a foreign resident;
“Wanted Person” is a foreign resident who is residing in the Kingdom of Cambodia and who is the subject of an extradition request.
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.
Article 570. Attempt of Offense and Conspiracy
If the act charged under laws of the requesting state is considered as an attempt of committing an offense, the extradition is possible only if the attempt of committing such offense can be prosecuted under the laws of the Kingdom of Cambodia.
The provisions of this Article shall also apply to accomplices.
Article 571. Conditions in relation to Imprisonment Sentence
An extradition shall be possible only if the act charged against the wanted person carries the maximum imprisonment sentence of at least 2 (two) years according to the law of the requesting state.
However, the extradition shall also be possible if the wanted person was sentenced by the court of the requesting state to imprisonment of at least 6 (six) months and this sentence has come into effect regardless of the length of the sentence as defined by laws.
Article 572. Conditions in relation to the Place of Committing an Offense
When the act charged against any wanted person was committed in the territory of the requesting state, extradition shall also be possible even the wanted person is not the citizen of the requesting state.
When the act charged against the wanted person was committed outside the territory of the requesting state, extradition shall be possible if the wanted person is the citizen of the requesting state.
Article 573. Political Acts
An extradition shall not be possible if the act charged is political.
However, political offense shall not be considered for any violence which caused danger to life, physical integrity or individual freedom.
Article 574. Offense that was Committed in the Territory and was Completely Tried
An extradition shall not be possible if the act charged was committed in Cambodia’s territory and was completely tried in Cambodia.
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 576. Several Extradition Requests against the Same Person
When there is more than one foreign state requesting an extradition of the same person, and if the extradition is possible, the following circumstances shall be considered:
The obligations under relevant treaties;
The seriousness of the offense;
The time and place where the offense was committed;
The date and the order of the receipt of requests;
The nationality, domicile, residence of the wanted person and the victim;
The possibility of the requesting state in returning the wanted person.
Article 577. Conditions of Extradition in relation to the Request
An extradition shall be possible only if the requesting state promises not to make any other charge other than that specified in the extradition request and when such offense was committed before the arrest of the wanted person.
However, the charge may be made if there is an approval from the Kingdom of Cambodia.
In this case, the requesting state shall make an additional request to the Cambodian authorities.
Article 578. Suspension of an Extradition
If the wanted person was charged by the court in the Kingdom of Cambodia, the extradition shall be postponed while the prosecution is underway or the extradition shall also be suspended when the sentence is made but it is not served.
However, the Kingdom of Cambodia may temporarily agree with the transfer of the wanted person to the requesting state for trial in that state. The requesting state shall promise to return the concerned person to the Cambodian authorities after the completion of the trial procedures.
SUB-SECTION 3 - Extradition Procedures
Article 579. Certification of an Extradition Request
All extradition requests shall be submitted to Royal Government of Cambodia through diplomatic channels. Each request shall be supported by a certification of evidence.
The certification of evidence shall include:
Sufficient documents to identify the wanted person;
Report on the facts to be charged against the wanted person;
Legal texts applicable to such acts and possible sentence;
A copy of the sentence decision, if any.
All documents shall be officially signed, sealed and put in a closed envelope, and if they are not in Khmer, English or French version, the certified translation into one of the three languages shall be attached.
Article 580. Referral of an Extradition Request
The Minister to Foreign Affairs of Cambodia shall refer an extradition request and certification of evidence to the Minister of Justice. The Minister of Justice shall examine the regularities of the request and then refer the request to the Prosecutor General of the Court of Appeal in Phnom Penh.
Article 581. Request for Pre-trial Arrest
The requesting state may request for the pre-trial arrest of the wanted person.
In case of emergency, the request for pre-trial arrest may be made prior to the extradition request provided in Article 579 (Certification of Extradition Request) of this Code.
The pre-trial arrest, which aims to prevent the wanted person from escaping, does not require the compliance of any other separate proceeding.
The person who is the subject of pre-trial arrest procedures shall be released automatically if the Royal Government of Cambodia does not receive the documents specified in Article 579 (Certification of Extradition Request) within 2 (two) months from the date of arrest.
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.
Article 583. Presentation of the Wanted Person to a Competent Prosecutor or Prosecutor General
In case of the arrest, the wanted person shall be brought within the shortest period of time before the territorial competent prosecutor who shall notify such person of the arrest and detention order and interview him/her.
The wanted person shall be transferred for detention in a prison in Phnom Penh. This person may request the Prosecutor General of the court of Appeal in Phnom Penh to hear his/her statement.
Article 584. Filing the Case with the Investigation Chamber
The Prosecutor General shall prepare the dossier for filing with the Investigation Chamber of the Court of Appeal in Phnom Penh.
Article 585. Proceeding before the Investigation Chamber
The wanted person shall appear before the Investigation Chamber. He/she may be accompanied by a lawyer of his/her choice or by a lawyer appointed pursuant to the Law on the Statute of Lawyers.
The confrontation shall be conducted in a closed door room. The Investigation Chamber may call on an interpreter, if necessary.
After hearing the statement of the wanted person, the conclusion of the request by the Prosecutor General, and the conclusion of the defense lawyer, the Investigation Chamber shall give opinions in a form of a judgment which state reasons on the extradition request.
Article 586. Opinion of the Investigation Chamber
The Investigation Chamber may issue an opinion opposing the extradition request if it finds that the legal requirements for extradition have not been met.
Article 587. Application for Release On Bail of a Wanted Person A wanted person may request for release on bail.
The request shall be in writing.
The request shall be submitted to the Investigation Chamber which will make its decision after hearing the wanted person’s statement, the conclusion of the Prosecutor General, and the statement of the defense lawyer.
Article 588. Acceptance of Extradition
If the wanted person agreed to be extradited pursuant to the request of the requesting state, the
Investigation Chamber shall include such agreement in its judgment after receiving complete information about the consequences of the agreement for extradition .
Article 589. Effects of the Opinion of the Investigation Chamber
When it becomes final, the judgment of the Investigation Chamber shall be informed immediately to the Minister of Justice.
If the Investigation Chamber made an opposing opinion, the extradition shall not be made by the Cambodian Government. The wanted person shall be released immediately unless such person is the subject of detention for another case.
If the Investigation Chamber made an agreeing opinion, the Minister of Justice may refer the case to the Royal Government to issue a sub-decree ordering the extradition of the wanted person.
If the extradition is ordered, the wanted person shall be delivered to the requesting state. The expenses of extradition shall be borne by the requesting state. The security and protection of the wanted person during the period in which he/she is outside Cambodia shall be the responsibility of the requesting State.
If the requesting state fails to start procedures for repatriation within 30 (thirty) days after the notification of the sub-decree ordering such extradition, the wanted person shall be put in liberty.
Article 89
Surrender of persons to the Court
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.
Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.
Article 99
Execution of requests under articles 93 and 96
1. Requests for assistance shall be executed in accordance with the relevant procedure under the law of the requested State and, unless prohibited by such law, in the manner specified in the request, including following any procedure outlined therein or permitting persons specified in the request to be present at and assist in the execution process.
Article 88
Availability of procedures under national law
States Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part.