Cambodia

Criminal Procedure Code of Kingdom of Cambodia

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK THREE THE INVESTIGATIONS

TITLE 2 - INVESTIGATION OF FLAGRANTE DELICTO CASES

CHAPTER 3 - Police Custody

Article 96. Police Custody

In responding to the needs of an investigation, judicial police officers may detain any person who is suspected of involving in an offense. Judicial police officers may also detain any person who may provide them with relevant facts if the following conditions are met:

The person who may be able to provide relevant facts but refuses to provide such information;

Written authorization from the prosecutor for such detention.

Judicial police officers shall immediately report to the prosecutor and shall provide all relevant evidence required for such detention. The duration in police custody shall be 48 (forty eight) hours. The duration shall commence from the time when the detained person arrives at the police or Royal Gendarmeries Unit.

In the case of a felony, when there is a lead which shows that the detained person is guilty, the judicial police officers may extend the duration of the police custody if such a measure is necessary to conduct the investigation properly. Such an extension shall be submitted to the prosecutor who shall confirm the merits. The motive and written permission for an extension of the duration of the police custody shall be included into the case file. The extension of the duration of the police custody is a special action. Such an extension shall not be longer than 24 (twenty four) hours, excluding the time necessary for the transportation of the detained persons.

An extension of the duration of police custody is not permitted if the detained person is a
minor.

In case of felony, a minor aged between 14 years old and less than 16 years old cannot be placed under police custody for more than 36 hours.

In case of misdemeanor, a minor aged between 14 years old and less than 16 years old cannot be placed under police custody for more than 24 hours.

In case of felony, a minor aged between 16 years old and less than 18 years old cannot be placed under police custody for more than 48 hours.

In case of misdemeanor, a minor aged between 16 years old and less than 18 years old cannot be placed under police custody for more than 36 hours.

A minor whose age is less than 14 years old cannot be placed under police custody.

Keywords

Provisional arrest
Provisional arrest for national proceedings



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