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.
Article 146. Questions Authorized by Investigating Judge
When interviewing an accused person, the prosecutor and lawyer can also ask the questions as authorized by the investigating judge.
If the questions are not authorized, they shall be noted in the record.
Article 147. Face-To-Face Interview
The provisions of Article 145 (Presence of a Lawyer during Interview) and Article 146 (Questions Authorized by Investigating Judge) of this Code shall be applied with the face-to-face interview of an accused person.
Article 148. Minimum Period of Interview
If the period of 4 (four) months passed from the interview at the first appearance, an accused person has not been interviewed face to face or confronted, the investigating judge shall take the statement if there is a request from the accused person. If the investigating judge fails to summon the accused person within 1 (one) month after the request, the accused person may directly file a petition to the Investigation Chamber which shall take statement by itself. The record shall be sent to the investigating judge later.
Article 149. Rights of the Accused to Defend
The lawyer of an accused person who has been detained may freely communicate with his/her client in a prison or in a detention center. The conversation between the lawyer and the accused person shall not be listened to or recorded by others. The lawyer may read documents of the dossier to his/her client. but the lawyer cannot give the copy of the dossier to his/her client.
SECTION 3 - Interviewing of a Civil Party
Article 150. Interviewing of a Civil Party
A civil party can be accompanied by a lawyer.
In this case, the investigating judge shall invite the lawyer of the civil party at least 5 (five) days before the interview. During that period, the lawyer may examine the procedural case file.
A civil party may be interviewed only in the presence of his/her lawyer. However, if the lawyer who has properly been invited does not appear on the set date and time, the investigating judge may interview the civil party without the presence of the lawyer. The absence of the lawyer shall be noted in writing in the interview record.
In special cases, the investigating judge can interview the civil party without summoning the lawyer if the civil party expressly waives the presence of his/her lawyer. This waiver shall be noted in a separate report other than the report on the civil party interview and shall be signed by the civil party.
In the case of emergency, the investigating judge can also interview the civil party without summoning the lawyer. An emergency situation shall be caused by a deadly injury or by the fear of losing evidence leads. The type of the emergency shall be noted in the record.
The investigating judge can request for an interpreter as provided in Article 144 (Assistance of Interpreter/Translator).
Article 151. Questions Authorized by Investigating Judge
During the interview, the prosecutor and the lawyer can raise questions authorized by the investigating judge. If the questions are not authorized, they shall be noted in the record.
Article 152. Face-to-Face Interview or Confrontation
The provisions of Article 150 (Interviewing of a Civil Party) and Article 151 (Questions authorized by Investigating Judge) of this Code shall be applied in the case of face-to-face interview of a civil party.
SECTION 4
Interviewing of Witnesses
Article 153. Interviewing of Witnesses
The investigating judge can interview any person whose response may be useful to the revelation of the truth.
The investigating judge shall interview witnesses separately, without the presence of the accused person and civil party. The investigating judge can also arrange a confrontation between the accused person, civil party and witnesses.
Any person who has been subpoenaed by the investigating judge shall appear.
In the case of refusal to appear, the investigating judge can request the public forces to cause the witness to appear. The investigating judge shall issue an order to appear. This order shall include identity of the witness and shall be dated and signed by the investigating judge with stamp.
Article 154. Oath of Witnesses
Before the interview, each witness shall swear in accordance with their religion or beliefs that he/she only speaks the truth. The formality of the oath shall be defined in the annex of this Code.
Article 155. Assistance of an Interpreter
The investigating judge can request for an interpreter to interview the witness as provided in Article 144 (Assistance of Interpreter/Translator) of this Code.
Article 156. Authorized Witness without Swearing
The following witnesses are authorized to make a statement without swearing:
1. The father, mother and ascendants of the accused person;
2. The sons, daughters and all other descendants of the accused person;
3. The brothers and sisters of the accuse person;
4. The brother-in-laws and sister-in-laws of the accused person;
5. The spouse of the accused person, even if they have been divorced;
6. Any child who is less than 14 years old.
Article 157. Impossibility to interview Some Witnesses
To respect rights to self-defense, the investigating judge cannot call as a witness any person to whom there is a lead of evidence to charge. In such case, the judge shall apply the procedures as provided in
Article 143 (Notification of Placing under Examination) of this Code.
Article 158. Visit the Resident of a Witness
If the witness is sick or cannot travel, the investigating judge and the court clerk can go to his/her resident or to the place where the witness stays to take the statement.
SECTION 5 Search and Seizure of Exhibits
Article 159. Rules to be applied in Searching
The investigating judge can conduct a search.
An investigating judge shall conduct a search in the presence of the occupant of a place or if there is no presence of the occupant, the search shall be conducted in the presence of two (2) witnesses to be selected by the judge. The witnesses cannot be police or Royal Gendarmeries which is under the joint operation forces of the search.
An investigating judge cannot begin a search before 6:00 A.M and after 6:00 P.M., except in the case of searching:
At a place that is open to the public;
At all places where drugs are produced, stored, trafficked, distributed or used.
The search of a lawyer’s office shall only be conducted in the presence of the president of the Bar Association or his/her delegates.
The investigating judge shall prepare the search record to be signed by him/herself and the court clerk together with the occupant of the place or two (2) witnesses.
The record shall include the identification of the occupant of the place, or each witness. If the search is conducted in a lawyer’s office, the record shall note the presence of the president of the Bar Association or his/her delegates.
Article 160. Affixation of Stamp on Exhibits
An investigating judge may seize exhibits. The investigating judge shall affix stamp on the exhibits.
After showing the seized exhibits to the occupant of the place or to the two (2) witnesses, the investigating judge shall make a record on the seizure, including an inventory list of the seized exhibits. The record of such seizure shall be signed by the investigating judge and court clerk together with the occupant of the place or two (2) witnesses. The record shall include the identification of the occupant of the place or of each witness.
Article 161. Return of Seized Items to Owner by an Investigating Judge
When a settlement warrant has not been issued, the investigating judge shall have the competence to return the seized items to the owner if there is no clear dispute over the ownership of the seized items.
The investigating judge shall make a well motivated decision after receiving an opinion from the prosecutor. The decision shall be immediately notified to the complainant and his/her appointed lawyer, if any.
The items shall not be returned to the requesting person if this measure may create obstacles to ascertaining the truth.
Objects which cause danger to human-being or property, such as weapons, explosives, or items illegally possessed, shall not be returned to the owner. Such objects shall be confiscated as state property.
Questioning of persons - national proceedings
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