CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 4 INVESTIGATIONS

TITLE 1 - Investigating Judge

CHAPTER 2 - INVESTIGATION BY AN INVESTIGATING JUDGE

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.

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 2 - APPEARANCE OF THE PARTIES

SECTION 4 - The Appearance of Witnesses

Article 315. Appearance of Witnesses
Witnesses shall appear before the court in accordance with the summons. The court may use public forces in order to make the witnesses to appear.