CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK ONE CRIMINAL AND CIVIL ACTIONS

TITLE 2 – CRIMINAL ACTIONS

SINGLE CHAPTER

Article 12. Res Judicata

In applying the principle of res judicata, any person who has been finally acquitted by a court order cannot be accused once again for the same causes of action, including the case where such action is subject to different legal qualification.

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 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 20
Ne bis in idem
1. Except as provided in this Statute, no person shall be tried before the Court with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court.
2. No person shall be tried by another court for a crime referred to in article 5 for which that person has already been convicted or acquitted by the Court.
3. No person who has been tried by another court for conduct also proscribed under article 6, 7 or 8 shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:
(a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or
(b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.