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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
The investigating judge shall inform the accused person of his/her rights to choose a lawyer or to have a lawyer appointed for him/her according to the Law on the Statute of Lawyers.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 4 INVESTIGATIONS
TITLE 1 - Investigating Judge
CHAPTER 2 - INVESTIGATION BY AN INVESTIGATING JUDGE
SECTION 2 - Interview of an accused person
Article 145. The Presence of Lawyer During Interview
When an accused person has a lawyer, the investigating judge shall invite the lawyer at least 5 (five) days before the interview takes place. During that period, the lawyer can examine the procedural case file.
An accused person can only be interviewed with the presence of his/her lawyer. However, if the lawyer was properly invited but does not show up on the set date and time, the investigating judge can interview the accused person without the presence of the lawyer. The absence of the lawyer shall be noted in writing in the minute of the accused person’s interview.
In special cases, the investigating judge can interview the accused person without summoning the lawyer if the accused person expressly waives the presence of his/her lawyer. This waiver shall be written in a separate report other than the report on the interview of the accused person and shall be signed by the accused person.
In the case of emergency, the investigating judge can also interview the accused person without the presence of the lawyer. This emergency situation shall be caused by the deadly injury or caused by the fear of losing evidence leads. The type of the emergency shall be written as notation in the report.
The investigating judge can call on an interpreter as provided in Article 144 (Assistance of Interpreter/Translator) of this Code.
Article 55
Rights of persons during an investigation
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.