CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 4 INVESTIGATIONS
TITLE 1 - Investigating Judge
CHAPTER 3 - SAFETY MEASURES
SECTION 5 - Pre-trial Detention
Article 215. Release on Bail of an Accused Person by an Investigating Judge
An investigating judge can order the release of an accused person on bail at any
time.
If an investigating judge intends to release an accused person on bail, the investigating judge shall inform the prosecutor for opinion and shall forward the dossier to the prosecutor for examination. The prosecutor shall provide his/her opinion within the shortest period of time. The investigating judge shall decide within a maximum period of 5 (five) days after forwarding the dossier to the prosecutor.
In an urgent case, the investigating judge can order the release of an accused person immediately, without waiting for the prosecutor's opinion. The investigating judge shall indicate the reasons for such urgency in his/her order.
Article 216. Release on Bail of an Accused Person upon a Request of a Prosecutor
A prosecutor can request the release of an accused person at any time. The investigating judge shall decide within the period of 5 (five) days.
If the investigating judge does not decide within 5 (five) days, the prosecutor can submit a petition to the Investigation Chamber which shall decide instead of the investigating judge.
An order to refuse the release on bail of the accused person shall state reasons.
Article 217. Release on Bail upon Request of an Accused Person
An accused person can request for release on bail at any time. The investigating judge shall immediately send the request to the prosecutor for opinion and shall forward the dossier to the prosecutor for examination. The prosecutor shall provide opinion within the shortest period of time. The investigating judge shall make a decision within the maximum period of 5 (five) days after forwarding the dossier to the prosecutor.
The accused person can re-submit a request for release on bail to the investigating judge or to the Investigation Chamber within 1 (one) month after there is a decision refusing the previous request.
The investigating judge or the Investigation Chamber shall decide the re-request within 5 (five) days from the date of receiving the re-request.
The warrant refusing the release on bail shall state the reasons.
If the investigating judge does not decide within 5 (five) days, the accused person can submit a petition directly to the Investigation Chamber which shall decide instead of the investigating judge.
Article 218. Notification of Release Warrant
The prosecutor and the chief of prison or detention center shall be notified immediately of the release warrant. The provisions of Article 276 (Release of an Accused Person) of this Code shall be applied.
The prosecutor and the accused person shall be notified immediately of a warrant refusing the release on bail.
If an investigating judge decides to release an accused person on bail, the judge can place the accused person under the control of the court as provided in Article 223 (Obligations of Judicial Control) to Article 230 (Escape of an Accused Person from Obligations of Judicial Control) of this Code.
Provisional arrest
Rights during investigation - arbitrary arrest or detention and deprivation of liberty
Cooperation under procedures of national law
Provisional arrest for national proceedings
EDIT.