CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 4 INVESTIGATIONS
TITLE 1 - Investigating Judge
CHAPTER 3 - SAFETY MEASURES
SECTION 5 - Pre-trial Detention
Article 209. Duration of the Pre-trial Detention in a Misdemeanor Case
For an adult accused of a misdemeanor, the pre-trial detention shall not exceed 4 (four) months. However, when this period of time ends, the investigating judge can extend the pre-trial detention only one time not longer than 2 (two) months by a clear and well-motivated warrant.
The duration of the above pre-trial detention shall not exceed half of the minimum sentence set by a law.
Article 210. Duration of the Pre-trial Detention in the case of Crime Against Humanity
In the case of charges for crime against humanity, genocidal crime or war crime, the pre-trial detention shall not exceed 1 (one) year for each of these offenses. However, when this period ends, the investigating judge can extend pre-trial detention for 1 (one) year each time by a clear and well-motivated warrant.
The investigating judge can only order the extension of the pre-trial detention twice.
Article 211. Extension of the Pre-trial Detention
If an investigating judge decides to extend the pre-trial detention, the investigating judge shall notify the accused person and take his/her remarks. When the accused has a lawyer with him/her, the lawyer shall present means of defense his/her client.
The investigating judge shall extend the pre-trial detention by issuing a well-motivated warrant. In the warrant, the investigating judge shall refer to the provisions of Article 205 (Reasons for the Pre-trial Detention) of this Code. The accused person shall be notified of the warrant immediately.
Fair trial standards
Rights during investigation - arbitrary arrest or detention and deprivation of liberty
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