Cambodia

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

CAMBODIA – PENAL CODE

BOOK 2 - CRIMES AGAINST PERSONS

TITLE 2 - INFRINGEMENT OF JUSTICE

CHAPTER 2 - OFFENCES AGAINST JUDICIAL PROCESSES

SECTION 2 - GATHERING OF EVIDENCE

Article 531: Concealment of corpse
The concealment or hiding of the corpse of a victim of a homicide or of a person who has died as a result of acts of violence shall be punishable by imprisonment from six months to two years and a fine from one million to four million Riels.

Article 532: Concealment of evidence
Modifying the scene of a felony or a misdemeanour either by the alteration, concealment or destruction of clues or marks where it is done in order to obstruct the discovery of the truth, shall be punishable by imprisonment from one to three years and a fine from two million to six million Riels.

Article 533: Destruction of exhibit
Destroying, displacing or removing any given object from the scene of a felony or a misdemeanour, where it is done in order to obstruct the discovery of the truth, shall be punishable by imprisonment from one to three years and a fine from two million to six million Riels.

Article 534: Destruction of document
Intentionally destroying, purloining, or altering a document or an object liable to facilitate the discovery of a felony or a misdemeanour, the identification of perpetrator or his or her arrest shall be punishable by imprisonment from one to three years and a fine from two million to six million Riels.

Article 535: Breaking of seal
The breaking of seal affixed by the competent authority shall be punishable by imprisonment from six months to two years and a fine from one million to four million Riels.

Article 536: Destruction or misappropriation of object placed under seal
The destruction or misappropriation of an object placed under seal affixed by the competent authority shall be punishable by imprisonment from six months to two years and a fine from one million to four million Riels.

Article 537: Refusal to respond to questions
A person who, having publicly declared that he or she knows the perpetrator. coperpetrator, instigator or accomplice of a felony or a misdemeanour, refuses to respond to questions put to him or her in this respect by a judge shall be punishable by imprisonment from one month to one year and a fine from one hundred thousand to two million Rick.

Article 538: Refusal to appear
Any person. summonsed to be heard as a witness before a prosecuting authority, an investigating judge or a criminal court, refuses to appear without proper justification shall be punishable by imprisonment from one month to six months and a fine from one hundred thousand to one million Riels.

Article 539: Failure to provide exculpatory evidence and exceptions
Any person who, having evidence that a charged person, an accused or a convicted person is innocent, abstains front presenting the evidence before the judicial authority or other competent authorities shall be punishable by imprisonment from one to three years and a fine from two million to six million Riels.

However, the following persons are exempted from penalty:

(1) the perpetrator, co-perpetrator, instigator or accomplice to the offence that led to the prosecution;

(2) the ascendant and descendant, and the brothers and sisters of the perpetrator, co-perpetrator, instigator or accomplice:

(3) the spouse of the perpetrator, coperpetrators, instigator or accomplice;

(4) persons bound by an obligation of professional secrecy.

Keywords

Offences against administration of justice
Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence
National penalties - offences against the administration of justice
National penalties - maximum penalty



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