Cambodia

Criminal Procedure Code of Kingdom of Cambodia

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 4 INVESTIGATIONS

TITLE 1 - Investigating Judge

CHAPTER 2 - INVESTIGATION BY AN INVESTIGATING JUDGE

SECTION 2 - Interview of an accused person

Article 145. The Presence of Lawyer During Interview

When an accused person has a lawyer, the investigating judge shall invite the lawyer at least 5 (five) days before the interview takes place. During that period, the lawyer can examine the procedural case file.

An accused person can only be interviewed with the presence of his/her lawyer. However, if the lawyer was properly invited but does not show up on the set date and time, the investigating judge can interview the accused person without the presence of the lawyer. The absence of the lawyer shall be noted in writing in the minute of the accused person’s interview.

In special cases, the investigating judge can interview the accused person without summoning the lawyer if the accused person expressly waives the presence of his/her lawyer. This waiver shall be written in a separate report other than the report on the interview of the accused person and shall be signed by the accused person.

In the case of emergency, the investigating judge can also interview the accused person without the presence of the lawyer. This emergency situation shall be caused by the deadly injury or caused by the fear of losing evidence leads. The type of the emergency shall be written as notation in the report.

The investigating judge can call on an interpreter as provided in Article 144 (Assistance of Interpreter/Translator) of this Code.

Keywords

Language
Fair trial standards
Rights during investigation - access to interpreter and translation if questioned in other language
Rights during investigation - legal assistance
Rights during trial - conduct defence in person
Rights during investigation - questioned in presence of counsel



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