Cambodia

Criminal Procedure Code of Kingdom of Cambodia

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK THREE THE INVESTIGATIONS

TITLE 2 - INVESTIGATION OF FLAGRANTE DELICTO CASES

CHAPTER 2 - Investigative Measures

Article 91. Searches

Judicial police officers may conduct a search. In this case, the judicial police officer shall first obtain authorization from the prosecutor, even verbal authorization.

Judicial police officers shall conduct the search in front of the owner of the place or in front of two witnesses if there is no owner. The witnesses shall be appointed by the judicial police officers. The witnesses shall not be members of police or a member of the Royal Gendarmeries who are under joint search operation forces.

Judicial police officers may not conduct searches before 6:00 a.m. or after 6:00 p.m., except:

In the case as provided for in Article 86 (Definition of Flagrant Felony or Misdemeanor) of this Code;

In the case as provided for in Article 88 (Considering As Flagrant Felony or Misdemeanor) of this Code;

In the case when there is a call for help from inside the place;

In the case the search is conducted at the time that is open to the public;

In the case the search is conducted at a place where drugs are produced, kept, circulated, distributed or used.

Judicial police officers shall write a record of the search, which shall include:

The authorization by the prosecutor by indicating the date and time of such authorization;

The identification of the owner or of each witness.

Judicial police officers may not search the office of a lawyer. Only prosecutors or investigating judges may conduct a search at an office of a lawyer and only in the presence of the president of the Bar Association, or a delegate of the president of the Bar Association, or the concerned lawyer.

Judicial police officers may conduct a search of the building of a newspaper, news publishing enterprises or news broadcasting enterprises only in the presence of a prosecutor or an investigating judge who shall guarantee that the search shall not affect the freedom of the press and their professions nor unreasonably delay the broadcasting or publishing of the news.

Keywords

Other forms of cooperation
National procedures for execution of requests for other forms of cooperation
Search and seizure - national proceedings



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