CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 4 INVESTIGATIONS
TITLE 1 - Investigating Judge
CHAPTER 2 - INVESTIGATION BY AN INVESTIGATING JUDGE
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.
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
EDIT.