Cambodia

Criminal Procedure Code of Kingdom of Cambodia

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK THREE THE INVESTIGATIONS

Title 3 - PRIMARY INVESTIGATIONS

Single Chapter - Primary Investigations

Article 113. Search

When the primary investigation involves a felony or misdemeanor, judicial police officers may conduct a search and seize relevant exhibits.

Judicial police officers shall seek an expressed and real consent from the owner of the premises. The consent shall be hand-written by the owner of the premises. If the owner is illiterate, the judicial police officer shall state clearly in the record that the owner of the premises is illiterate and approves the search.

Where the owner of the premises is absent or denies the search, the president of the court of the first instance who has territorial jurisdiction may issue authorized search order upon request from the prosecutor. The prosecutor shall personally direct the search. The search shall be conducted with the presence of the owner of the premises, or with the presence of two witnesses if the owner is absent. The witnesses shall be selected by the prosecutor. The witnesses cannot be judicial police or Royal Gendarmeries who are in the joint operating forces in the search. The search cannot be conducted before six (6) o’clock in the morning and after six (6) o’clock in the evening.

The provisions of Article 92 (Affixation of Stamp on Exhibits) of this Code shall apply to the seized objects.

Keywords

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



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