CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 4 INVESTIGATIONS
TITLE 1 - Investigating Judge
CHAPTER 5 - Termination of Investigations
Article 249. Decision of Settlement Warrant in Relation to the Pre-trial Detention and Judicial Control
A settlement warrant shall terminate the pre-trial detention. In this case, the provisions of Article 276 (Release of an Accused Person who has been detained) shall be applied.
However, under separate decisions of a settlement warrant, the investigating judge can keep the accused person under pre-trial detention until the time he/she appears in the court. In this warrant, the investigating judge shall refer to the conditions of Article 205 (Reasons for Pre-trial Detention) of this Code.
The decision to keep the accused person under pre-trial detention shall cease to have effect after 4 (four) months. If the accused person does not appear in the court within 4 (four) months, the accused person shall be automatically allowed to stay outside custody.
A settlement warrant shall terminate the judicial control.
If the investigating judge has required the accused person to pay bail, to deliver documents on identification, or weapons, which were not involved in the offence; the court clerk shall return the bail, document on identification or weapons to the accused person with an acknowledgement receipt to be signed by the accused person.
However, under separate decisions of a settlement warrant, the investigating judge can keep the accused person under the judicial control until such time as he/she appears in the court.
Fair trial standards
Rights during investigation - arbitrary arrest or detention and deprivation of liberty
Provisional arrest - release - national proceedings
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