'Notification of circumstances that could materially affect terms or extent of imprisonment' in document 'Cambodia - Criminal Procedure'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 8 EXECUTION PROCEDURES

TITLE 1 - GENERAL PROVISIONS

SINGLE CHAPTER - General Provisions

Article 500. Difficulties in the Enforcement of Sentences

Difficulties in the enforcement of sentence shall be submitted to the court of the first instance or higher courts which make decision on the sentences for solution.

The court shall receive complaints submitted by a prosecutor's department or involved parties. The court shall make decision at a public hearing after listening to the prosecutor, involved party, and eventually the lawyer of the party.

This enforcement of the sentence may be suspended by the court.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 8 EXECUTION PROCEDURES

TITLE 2 - EXECUTION OF PRE-TRIAL DETENTION AND PUNISHMENT DEPRIVING LIBERTY

CHAPTER 1 - Rules governing Detention

Article 511. Notification to Prosecutor in case of Serious Incidents

All serious incidents happened in a prison or a detention center shall be informed immediately to a prosecutor.

In case a prisoner escapes from prison or a detention center, the prosecutor shall issue an arrest warrant and shall take urgent measures to execute the arrest warrant in accordance with the provisions in Article 196 (Arrest Warrant) and subsequent articles of this Code.

RELEVANT ROME STATUTE PROVISIONS

Article 103
Role of States in enforcement of sentences of imprisonment
2. (a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.