Cambodia

Provisions relating to the Judiciary and Criminal Law and Procedure Applicable in Cambodia during the Transitional Period

CAMBODIA – PENAL CODE

BOOK ONE - GENERAL PROVISIONS

TITLE 2 - CRIMINAL RESPONSIBILITY

CHAPTER 2 - EXCLUSION OF OR DIMINISHED CRIMINAL RESPONSIBILITY

Article 32: Authorisation by law or lawful authority
A person shall not be criminally responsible if he or she performs an act prescribed or authorised by law.

A person shall not be criminally responsible if he or she performs an act ordered
by a lawful authority, unless the act was manifestly unlawful.

The perpetrator, co-perpetrator, instigator, or accomplice of genocide, or of a crime against humanity, or a war crime shall not, under any circumstances, be excused from criminal responsibility on the ground that:

(1) he or she committed an act prescribed, authorised or not prohibited by the law in force:
(2) he or she acted by order of a lawful authority.

Keywords

Crimes against humanity
Genocide
War crimes
Manifestly unlawful order
Superior orders - national proceedings



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