'Early release - national proceedings' in document 'Cambodia - Criminal Procedure'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 8 EXECUTION PROCEDURES

TITLE 2 - EXECUTION OF PRE-TRIAL DETENTION AND PUNISHMENT DEPRIVING LIBERTY

CHAPTER 2 - Conditional Release

Article 512. Conditions In relation to Conduct

All convicted persons, who have received one or more sentences to imprisonment, may be released with conditions provided that he/she has shown good attitude during his/her imprisonment and are qualified to be able to reintegrate into society.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 8 EXECUTION PROCEDURES

TITLE 2 - EXECUTION OF PRE-TRIAL DETENTION AND PUNISHMENT DEPRIVING LIBERTY

CHAPTER 2 - Conditional Release

Article 513. Conditions in relation to the Duration of Sentence which has been Served

Conditional release may be granted to a convicted person who has served prison sentence:

• Half of his/her sentence if the duration of the sentence is less than or equal to 1 (one) year;

• Two-thirds of the sentence in other cases.

A convicted person who was sentenced to a life imprisonment may receive conditional release if the person has served the sentence for at least 20 (twenty) years.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 8 EXECUTION PROCEDURES

TITLE 2 - EXECUTION OF PRE-TRIAL DETENTION AND PUNISHMENT DEPRIVING LIBERTY

CHAPTER 2 - Conditional Release

Article 514. Competent Authority to Grant Conditional Release

The conditional release shall be granted by the president of the court of the first instance, where the detention is located. The president of the court shall make this decision after obtaining the opinions from the national commission which shall hold a meeting at the Ministry of Justice.

The national commission is composed of:

• 2 (two) members nominated by Minister of Justice - one of whom shall serve as the chairperson;

• The prison chief or his/her representative, who shall be a member.