CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 4 INVESTIGATIONS

TITLE 1 - Investigating Judge

CHAPTER 3 - SAFETY MEASURES

SECTION 4 - Arrest Warrants

Article 195. Arrest Warrants Issued by an Investigating Judge

An investigating judge shall be entitled to issue an arrest warrant.

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 4 INVESTIGATIONS

TITLE 1 - Investigating Judge

CHAPTER 3 - SAFETY MEASURES

SECTION 4 - Arrest Warrants

Article 200. Dissemination of Arrest Warrant Internationally

In case of necessity, an arrest warrant can be internationally disseminated through the Ministry of Justice by using various effective mechanisms.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 4 INVESTIGATIONS

TITLE 2 - Investigating Chamber

CHAPTER 2 – APPEAL AGAINST WARRANT OF INVESTIGATIVE JUDGES

Article 276. Release of a Detainee

When an investigating judge decides to release an accused person who is under pre-trial detention, the accused person shall be kept in a prison until the expiration of appealing period by a prosecutor, except when the prosecutor agrees to release the accused person immediately. The written decision of the prosecutor shall be attached with the dossier of the procedures.

The same procedure shall be applied in case of non-suit order, when the order has the effect of releasing an accused person who is under detention.

Where an order to release on bail or non-suit order is appealed by the prosecutor, the detainee shall continue to be kept in prison until the Investigation Chamber has decided on the appeal.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 4 INVESTIGATIONS

TITLE 2 - Investigating Chamber

CHAPTER 3 - Pre-trial Detention

Article 278. Warrant on Pre-trial Detention

In the case of pre-trial detention, a judgment of the Investigation Chamber shall be issued within 15 (fifteen) days of receipt of the dossier by the office of the court clerk of the Investigation Chamber. At the expiration of this period, the accused person shall be released on bail except when verifications have been ordered or when there are unforeseeable or insurmountable circumstances causing obstacle to the pronouncement of the judgment within this period.

When the Investigation Chamber orders a pre-trial detention, the Chamber shall have reasons in its judgment by referring the provisions of Article 205 (Reasons for Pre-trial Detention) of this Code. The president of the Investigation Chamber shall issue a detention warrant.

The dossier shall be immediately returned to the investigating judge following the enforcement of the judgment.

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 3 – EXTRADITION PROCEDURES

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.

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 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 87
Requests for cooperation: general provisions
1. (a) The Court shall have the authority to make requests to States Parties for
cooperation. The requests shall be transmitted through the diplomatic channel or any other
appropriate channel as may be designated by each State Party upon ratification, acceptance,
approval or accession.
Subsequent changes to the designation shall be made by each State Party in accordance
with the Rules of Procedure and Evidence.
(b) When appropriate, without prejudice to the provisions of subparagraph (a),
requests may also be transmitted through the International Criminal Police Organization or any
appropriate regional organization.
2. Requests for cooperation and any documents supporting the request shall either be in or be
accompanied by a translation into an official language of the requested State or one of the working
languages of the Court, in accordance with the choice made by that State upon ratification,
acceptance, approval or accession.
Subsequent changes to this choice shall be made in accordance with the Rules of
Procedure and Evidence.
3. The requested State shall keep confidential a request for cooperation and any documents
supporting the request, except to the extent that the disclosure is necessary for execution of the
request.
4. In relation to any request for assistance presented under this Part, the Court may take such
measures, including measures related to the protection of information, as may be necessary to
ensure the safety or physical or psychological well-being of any victims, potential witnesses and
their families. The Court may request that any information that is made available under this Part
shall be provided and handled in a manner that protects the safety and physical or psychological
well-being of any victims, potential witnesses and their families.
5. (a) The Court may invite any State not party to this Statute to provide assistance under
this Part on the basis of an ad hoc arrangement, an agreement with such State or any other
appropriate basis.
(b) Where a State not party to this Statute, which has entered into an ad hoc
arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such
arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the
Security Council referred the matter to the Court, the Security Council.
6. The Court may ask any intergovernmental organization to provide information or
documents. The Court may also ask for other forms of cooperation and assistance which may be
agreed upon with such an organization and which are in accordance with its competence or
mandate.
7. Where a State Party fails to comply with a request to cooperate by the Court contrary to
the provisions of this Statute, thereby preventing the Court from exercising its functions and
powers under this Statute, the Court may make a finding to that effect and refer the matter to the
Assembly of States Parties or, where the Security Council referred the matter to the Court, to the
Security Council.

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.

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.
2. Where the person sought for surrender brings a challenge before a national court on the
basis of the principle of ne bis in idem as provided in article 20, the requested State shall
immediately consult with the Court to determine if there has been a relevant ruling on
admissibility. If the case is admissible, the requested State shall proceed with the execution of the
request. If an admissibility ruling is pending, the requested State may postpone the execution of
the request for surrender of the person until the Court makes a determination on admissibility.
3. (a) A State Party shall authorize, in accordance with its national procedural law,
transportation through its territory of a person being surrendered to the Court by another State,
except where transit through that State would impede or delay the surrender.
(b) A request by the Court for transit shall be transmitted in accordance with
article 87. The request for transit shall contain:
(i) A description of the person being transported;
(ii) A brief statement of the facts of the case and their legal characterization;
and
(iii) The warrant for arrest and surrender;
(c) A person being transported shall be detained in custody during the period of
transit;
(d) No authorization is required if the person is transported by air and no landing is
scheduled on the territory of the transit State;
(e) If an unscheduled landing occurs on the territory of the transit State, that State may
require a request for transit from the Court as provided for in subparagraph (b). The transit State
shall detain the person being transported until the request for transit is received and the transit is
effected, provided that detention for purposes of this subparagraph may not be extended beyond
96 hours from the unscheduled landing unless the request is received within that time.
4. If the person sought is being proceeded against or is serving a sentence in the requested
State for a crime different from that for which surrender to the Court is sought, the requested State,
after making its decision to grant the request, shall consult with the Court.

Article 90
Competing requests
1. A State Party which receives a request from the Court for the surrender of a person under
article 89 shall, if it also receives a request from any other State for the extradition of the same
person for the same conduct which forms the basis of the crime for which the Court seeks the
person’s surrender, notify the Court and the requesting State of that fact.
2. Where the requesting State is a State Party, the requested State shall give priority to the
request from the Court if:
(a) The Court has, pursuant to article 18 or 19, made a determination that the case in
respect of which surrender is sought is admissible and that determination takes into account the
investigation or prosecution conducted by the requesting State in respect of its request for
extradition; or
(b) The Court makes the determination described in subparagraph (a) pursuant to the
requested State’s notification under paragraph 1.
3. Where a determination under paragraph 2 (a) has not been made, the requested State may,
at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal
with the request for extradition from the requesting State but shall not extradite the person until the
Court has determined that the case is inadmissible. The Court’s determination shall be made on an
expedited basis.
4. If the requesting State is a State not Party to this Statute the requested State, if it is not
under an international obligation to extradite the person to the requesting State, shall give priority
to the request for surrender from the Court, if the Court has determined that the case is admissible.
5. Where a case under paragraph 4 has not been determined to be admissible by the Curt, the
requested State may, at its discretion, proceed to deal with the request for extradition from the
requesting State.
6. In cases where paragraph 4 applies except that the requested State is under an existing
international obligation to extradite the person to the requesting State not Party to this Statute, the
requested State shall determine whether to surrender the person to the Court or extradite the
person to the requesting State. In making its decision, the requested State shall consider all the
relevant factors, including but not limited to:
(a) The respective dates of the requests;
(b) The interests of the requesting State including, where relevant, whether the crime
was committed in its territory and the nationality of the victims and of the person sought; and
(c) The possibility of subsequent surrender between the Court and the requesting
State.
7. Where a State Party which receives a request from the Court for the surrender of a person
also receives a request from any State for the extradition of the same person for conduct other than
that which constitutes the crime for which the Court seeks the person’s surrender:
(a) The requested State shall, if it is not under an existing international obligation to
extradite the person to the requesting State, give priority to the request from the Court;
(b) The requested State shall, if it is under an existing international obligation to
extradite the person to the requesting State, determine whether to surrender the person to the Court
or to extradite the person to the requesting State. In making its decision, the requested State shall
consider all the relevant factors, including but not limited to those set out in paragraph 6, but shall
give special consideration to the relative nature and gravity of the conduct in question.
8. Where pursuant to a notification under this article, the Court has determined a case to be
inadmissible, and subsequently extradition to the requesting State is refused, the requested State
shall notify the Court of this decision.

Article 91
Contents of request for arrest and surrender
1. A request for arrest and surrender shall be made in writing. In urgent cases, a request may
be made by any medium capable of delivering a written record, provided that the request shall be
confirmed through the channel provided for in article 87, paragraph 1 (a).
2. In the case of a request for the arrest and surrender of a person for whom a warrant of
arrest has been issued by the Pre-Trial Chamber under article 58, the request shall contain or be
supported by:
(a) Information describing the person sought, sufficient to identify the person, and
information as to that person’s probable location;
(b) A copy of the warrant of arrest; and
(c) Such documents, statements or information as may be necessary to meet the
requirements for the surrender process in the requested State, except that those requirements
should not be more burdensome than those applicable to requests for extradition pursuant to
treaties or arrangements between the requested State and other States and should, if possible, be
less burdensome, taking into account the distinct nature of the Court.
3. In the case of a request for the arrest and surrender of a person already convicted, the
request shall contain or be supported by:
(a) A copy of any warrant of arrest for that person;
(b) A copy of the judgement of conviction;
(c) Information to demonstrate that the person sought is the one referred to in the
judgement of conviction; and
(d) If the person sought has been sentenced, a copy of the sentence imposed and, in
the case of a sentence for imprisonment, a statement of any time already served and the time
remaining to be served.
4. Upon the request of the Court, a State Party shall consult with the Court, either generally
or with respect to a specific matter, regarding any requirements under its national law that may
apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the
specific requirements of its national law.

Article 92
Provisional arrest
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending
presentation of the request for surrender and the documents supporting the request as specified in
article 91.
2. The request for provisional arrest shall be made by any medium capable of delivering a
written record and shall contain:
(a) Information describing the person sought, sufficient to identify the person, and
information as to that person’s probable location;
(b) A concise statement of the crimes for which the person’s arrest is sought and of the
facts which are alleged to constitute those crimes, including, where possible, the date and location
of the crime;
(c) A statement of the existence of a warrant of arrest or a judgement of conviction
against the person sought; and
(d) A statement that a request for surrender of the person sought will follow.
3. A person who is provisionally arrested may be released from custody if the requested State
has not received the request for surrender and the documents supporting the request as specified in
article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the
person may consent to surrender before the expiration of this period if permitted by the law of the
requested State. In such a case, the requested State shall proceed to surrender the person to the
Court as soon as possible.
4. The fact that the person sought has been released from custody pursuant to paragraph 3
shall not prejudice the subsequent arrest and surrender of that person if the request for surrender
and the documents supporting the request are delivered at a later date.