'Appeal against other decisions - national proceedings' in document 'Cambodia - Criminal Procedure'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 4 INVESTIGATIONS

TITLE 2 - Investigating Chamber

CHAPTER 2 – APPEAL AGAINST WARRANT OF INVESTIGATIVE JUDGES

Article 267. Appeal by an Accused Person against Warrant of Investigating Judge An accused person may appeal against the following warrants:

• A warrant refusing an application for investigation as stated in paragraph 2 of Article

133 (Request by an Accused Person to Act);
A warrant refusing the return of seized items to the owner as stated in Article 161 (Return of Items Seized to the Owner by an Investigating Judge) and Article 248 (Return of Seized Items to the Owner);

A warrant refusing application for forensic examination as stated in paragraph 2 of Article 162 (Necessity of Forensic Examination);

A warrant refusing the application for additional forensic examination or cross- forensic examination as stated in paragraph 7 of Article 170 (Notification of Expert Conclusion); and

A warrant on pre-trial detention or judicial control as provided in Section 5 (Pre-trial Detention) and Section 7 (Judicial Control) of Chapter 3 (Safety Measure) of Title 1 of this Book and of Article 249 (Contents of Settlement Warrant in Relation to Pre-trial Detention and Judicial Control) of this Code.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 6 SUPREME COURT

TITLE 1 -APPEAL

SINGLE CHAPTER - Appeal

Article 417. Decisions which can be Appealed

A judgment of the Investigation Chamber, including extradition issues and a judgment which is finally issued by the Criminal Chamber of the Court of Appeal, may be appealed.

However, appeal cannot be filed against the judgment of the Investigation Chamber which orders the referral of the accused person to the trial.