CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK THREE THE INVESTIGATIONS

TITLE 2 - INVESTIGATION OF FLAGRANTE DELICTO CASES

CHAPTER 2 - Investigative Measures

Article 93. Interview Records
Judicial police officers may order to appear or bring any person who is suspected of participating in commission of an offense to their units. The judicial police officers shall interview that suspect.
Each interview shall be recorded.

The record shall be an accurate account of the interviewed person’s responses. If necessary, the judicial police officers may find an interpreter who shall swear according to his or her own religion or beliefs to speak the truth. The interpreter shall not be chosen from among the police or the Royal Gendarmeries or any persons who are involved in this case.

Each page of the record shall bear the signature or finger-print of the interviewed person.

Before signing or affixing the finger-print, the person shall re-read the record. If necessary, the judicial police officer shall read the record aloud. The judicial police officers may call for a translator. When the person refuses to sign or affix his or her finger-print the judicial police officer shall mention in the record.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK THREE THE INVESTIGATIONS

TITLE 2 - INVESTIGATION OF FLAGRANTE DELICTO CASES

CHAPTER 2 - Investigative Measures

Article 94. Order to Appear –in Case of Flagrant Crime Investigation.

Judicial police officers may invite any person, who can provide them with the relevant facts and listen to them.

The invited person shall turn up. In case of refusal, the judicial police officer shall inform the prosecutor who may order such person to appear. The order to appear shall include the identification of the relevant person, the date and the signature of the prosecutor and the order shall also be stamped. The order to appear allows the judicial police officers to use public forces to compel the person to appear. Paragraphs 2 to 5 of Article 93 (Interview Records) of this Code shall be applied.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK THREE THE INVESTIGATIONS

Title 3 - PRIMARY INVESTIGATIONS

Single Chapter - Primary Investigations

Article 114. Order to Appear –Primary Investigations

Judicial police officers may subpoena and interview any person who is suspected of involving in an offense or who may provide relevant information on the matter.

The subpoenaed person must appear. In case of resistance, the judicial police officer shall notify the prosecutor who may issue an order to appear. The order to appear shall state the identity of the relevant person, the date shall be signed by the prosecutor with stamp.

The order to appear shall allow the judicial police officer to use public forces to compel such person to appear.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK THREE THE INVESTIGATIONS

Title 3 - PRIMARY INVESTIGATIONS

Single Chapter - Primary Investigations

Article 115. Record of Interviews –Primary Investigations Each interview must have a record.

The record shall be accurately produced from the statement of the relevant person. If necessary, the judicial police officer may call for an interpreter who must swear in accordance with his/her religion or beliefs to interpret the responses accurately. The interpreter cannot be selected from among the police, the Royal Gendarmeries, or any person who is involved in the case.

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 146. Questions Authorized by Investigating Judge

When interviewing an accused person, the prosecutor and lawyer can also ask the questions as authorized by the investigating judge.

If the questions are not authorized, they shall be noted in the record.

Article 147. Face-To-Face Interview

The provisions of Article 145 (Presence of a Lawyer during Interview) and Article 146 (Questions Authorized by Investigating Judge) of this Code shall be applied with the face-to-face interview of an accused person.

Article 148. Minimum Period of Interview

If the period of 4 (four) months passed from the interview at the first appearance, an accused person has not been interviewed face to face or confronted, the investigating judge shall take the statement if there is a request from the accused person. If the investigating judge fails to summon the accused person within 1 (one) month after the request, the accused person may directly file a petition to the Investigation Chamber which shall take statement by itself. The record shall be sent to the investigating judge later.

Article 149. Rights of the Accused to Defend

The lawyer of an accused person who has been detained may freely communicate with his/her client in a prison or in a detention center. The conversation between the lawyer and the accused person shall not be listened to or recorded by others. The lawyer may read documents of the dossier to his/her client. but the lawyer cannot give the copy of the dossier to his/her client.

SECTION 3 - Interviewing of a Civil Party

Article 150. Interviewing of a Civil Party

A civil party can be accompanied by a lawyer.

In this case, the investigating judge shall invite the lawyer of the civil party at least 5 (five) days before the interview. During that period, the lawyer may examine the procedural case file.

A civil party may be interviewed only in the presence of his/her lawyer. However, if the lawyer who has properly been invited does not appear on the set date and time, the investigating judge may interview the civil party without the presence of the lawyer. The absence of the lawyer shall be noted in writing in the interview record.

In special cases, the investigating judge can interview the civil party without summoning the lawyer if the civil party expressly waives the presence of his/her lawyer. This waiver shall be noted in a separate report other than the report on the civil party interview and shall be signed by the civil party.

In the case of emergency, the investigating judge can also interview the civil party without summoning the lawyer. An emergency situation shall be caused by a deadly injury or by the fear of losing evidence leads. The type of the emergency shall be noted in the record.

The investigating judge can request for an interpreter as provided in Article 144 (Assistance of Interpreter/Translator).

Article 151. Questions Authorized by Investigating Judge

During the interview, the prosecutor and the lawyer can raise questions authorized by the investigating judge. If the questions are not authorized, they shall be noted in the record.

Article 152. Face-to-Face Interview or Confrontation

The provisions of Article 150 (Interviewing of a Civil Party) and Article 151 (Questions authorized by Investigating Judge) of this Code shall be applied in the case of face-to-face interview of a civil party.

SECTION 4

Interviewing of Witnesses

Article 153. Interviewing of Witnesses

The investigating judge can interview any person whose response may be useful to the revelation of the truth.

The investigating judge shall interview witnesses separately, without the presence of the accused person and civil party. The investigating judge can also arrange a confrontation between the accused person, civil party and witnesses.

Any person who has been subpoenaed by the investigating judge shall appear.

In the case of refusal to appear, the investigating judge can request the public forces to cause the witness to appear. The investigating judge shall issue an order to appear. This order shall include identity of the witness and shall be dated and signed by the investigating judge with stamp.

Article 154. Oath of Witnesses

Before the interview, each witness shall swear in accordance with their religion or beliefs that he/she only speaks the truth. The formality of the oath shall be defined in the annex of this Code.

Article 155. Assistance of an Interpreter
The investigating judge can request for an interpreter to interview the witness as provided in Article 144 (Assistance of Interpreter/Translator) of this Code.

Article 156. Authorized Witness without Swearing

The following witnesses are authorized to make a statement without swearing:

1. The father, mother and ascendants of the accused person;
2. The sons, daughters and all other descendants of the accused person;
3. The brothers and sisters of the accuse person;
4. The brother-in-laws and sister-in-laws of the accused person;
5. The spouse of the accused person, even if they have been divorced;

6. Any child who is less than 14 years old.

Article 157. Impossibility to interview Some Witnesses

To respect rights to self-defense, the investigating judge cannot call as a witness any person to whom there is a lead of evidence to charge. In such case, the judge shall apply the procedures as provided in

Article 143 (Notification of Placing under Examination) of this Code.

Article 158. Visit the Resident of a Witness

If the witness is sick or cannot travel, the investigating judge and the court clerk can go to his/her resident or to the place where the witness stays to take the statement.

SECTION 5 Search and Seizure of Exhibits

Article 159. Rules to be applied in Searching

The investigating judge can conduct a search.

An investigating judge shall conduct a search in the presence of the occupant of a place or if there is no presence of the occupant, the search shall be conducted in the presence of two (2) witnesses to be selected by the judge. The witnesses cannot be police or Royal Gendarmeries which is under the joint operation forces of the search.

An investigating judge cannot begin a search before 6:00 A.M and after 6:00 P.M., except in the case of searching:
At a place that is open to the public;
At all places where drugs are produced, stored, trafficked, distributed or used.

The search of a lawyer’s office shall only be conducted in the presence of the president of the Bar Association or his/her delegates.

The investigating judge shall prepare the search record to be signed by him/herself and the court clerk together with the occupant of the place or two (2) witnesses.

The record shall include the identification of the occupant of the place, or each witness. If the search is conducted in a lawyer’s office, the record shall note the presence of the president of the Bar Association or his/her delegates.

Article 160. Affixation of Stamp on Exhibits

An investigating judge may seize exhibits. The investigating judge shall affix stamp on the exhibits.

After showing the seized exhibits to the occupant of the place or to the two (2) witnesses, the investigating judge shall make a record on the seizure, including an inventory list of the seized exhibits. The record of such seizure shall be signed by the investigating judge and court clerk together with the occupant of the place or two (2) witnesses. The record shall include the identification of the occupant of the place or of each witness.

Article 161. Return of Seized Items to Owner by an Investigating Judge

When a settlement warrant has not been issued, the investigating judge shall have the competence to return the seized items to the owner if there is no clear dispute over the ownership of the seized items.

The investigating judge shall make a well motivated decision after receiving an opinion from the prosecutor. The decision shall be immediately notified to the complainant and his/her appointed lawyer, if any.

The items shall not be returned to the requesting person if this measure may create obstacles to ascertaining the truth.

Objects which cause danger to human-being or property, such as weapons, explosives, or items illegally possessed, shall not be returned to the owner. Such objects shall be confiscated as state property.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 4 INVESTIGATIONS

TITLE 1 - Investigating Judge

CHAPTER 2 - INVESTIGATION BY AN INVESTIGATING JUDGE

SECTION 8 – Rogatory Commissions

Article 179. Rules for Interview by a Judicial Police Officer

A judicial police officer can summon and interview witnesses.

Before answering any questions, each witness shall swear according to his/her religion or beliefs that they will speak only the truth, except for the witnesses listed in Article 156 (Authorized Witness without Swearing) who are exempted from taking an oath. To respect the rights to self-defense, the judicial police officer cannot interview as a witness any person with lead of quilt on that person. If the interview of any witness indicates the potential guilt of that witness, the judicial police officer shall stop the interview and shall report it to the investigating judge. A judicial police officer may call on an interpreter who shall swear according to his or her religion or beliefs that he/ she will assist the court by interpreting fairly and accurately.

A person who is called for questioning as a witness shall appear. In case of refusal, the judicial police officer shall report to the investigating judge, who can issue a warrant to the witness to appear in which the identification of the witness shall be specified. This warrant shall be dated, signed by the investigating judge and sealed. The warrant to the witness to appear shall authorize the judicial police officers to use public forces for compulsory appearance to the witness.

The provisions of paragraphs 2 to 5 of Article 93 (Record of Interview) of this Code shall be applied on the record of witness interview.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 5 JUDGMENTS

TITLE 1 - Judgment of Court of the First Instance

CHAPTER 3 - CONFRONTATIONS

SECTION 3 - Conduct of Confrontations

Article 325. Interview of an Accused Person

The chairman of hearing shall inform the accused person of the acts that he/she is accused of and shall conduct the interview of the accused person. The chairman of hearing shall ask any questions which he/she believes that they are conducive to ascertaining the truth. The chairman of hearing has a duty to ask the accused person any questions leading either to charge or to discharge the accused person.

After the chairman of hearing questions the accused person, the prosecutor, the lawyers and all the parties shall be allowed to question the accused person. All questions shall be asked with the permission of the chairman of hearing. Except for questions asked by prosecutors and lawyers, all questions shall be asked through the chairman of hearing. In case of objection to a question, the chairman of hearing shall decide discretionarily if the question can be asked or not.