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 5 JUDGMENTS

TITLE 1 - Judgment of Court of the First Instance

CHAPTER 4 DECISIONS

SECTION 3 - Opposition Against a Default judgment

Article 365. Opposition Against a Default Judgment
The guilty person can file an opposition against a judgment declared in his/her absence.

Article 366. Formality and Admissibility of an Opposition

An opposition shall be filed by writing:

at the office of the court clerk of the court where the judgment was declared;
in the presence of a prosecutor, police or gendarmeries unit or a chief of a prison or a detention center.

The guilty person may be represented by a lawyer. The lawyer shall have the power of attorney authorizing him/her to file an opposition. However, a guilty person, who is a minor, may be represented by parents or guardians. In this case, the representative does not need to have the power of attorney.

When receiving an opposition application, the prosecutor, police or gendarmeries unit, or chief of prison or detention center shall refer the application immediately to the court clerk of the court where the judgment was declared.

When the opposition applicant does not know how to sign, he/she shall be fingerprinted.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 5 JUDGMENTS

TITLE 2 - APPEALS AGAINST JUDGMENTS

CHAPTER 1 - Jurisdiction of the criminal chamber of the Court of Appeal

Article 373. Jurisdiction of the Criminal Chamber of the Court of Appeal

The Criminal Chamber of the Court of Appeal shall have the jurisdiction to decide on an appeal against the decision of the court of the first instance within its scope of jurisdiction for criminal cases.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 5 JUDGMENTS

TITLE 2 - APPEALS AGAINST JUDGMENTS

CHAPTER 2 - Admissibility of appeals

Article 376. Formality of Appeals by Prosecutor, Accused Person, Civil Party and Civil Responsible Person

The appeal of a prosecutor, a guilty person, a civil party and a civil responsible person shall be filed to the office of the court clerk of the court where the judgment was declared.

The guilty person may be represented by a lawyer. The lawyer shall have a written power of attorney to file an appeal. However, a guilty minor may be represented by his/her parents or guardian. In such case, the representative shall not need to have the power of attorney.

A civil party can be represented by a lawyer, spouse or direct consanguinity. The representative shall have written power of attorney to make an appeal.

A civil responsible person may be represented by a lawyer, spouse or direct consanguinity. The representative shall have written power of attorney to make an appeal.

The court clerk shall register an appeal in the special registry of the court. The appeal documents shall be signed by the court clerk and the appellant or the appellant’s representative. The power of attorney shall be attached to the appeal documents.