Cambodia

Criminal Procedure Code of Kingdom of Cambodia

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 5 JUDGMENTS

TITLE 1 - Judgment of Court of the First Instance

CHAPTER 4 DECISIONS

SECTION 1 - Announcement of Judgment

Article 353. Detention Warrant and Arrest Warrant Issued by the Court

If the court declares the punishment to at least 1 (one) year imprisonment without suspension, the court by a special decision with reasons, may issue during the hearing:

a detention warrant against the accused person who is present;

an arrest warrant against the accused person who is absent.

These detention warrants and arrest warrants shall be effective immediately. These warrants shall mention the following:

the identification of the guilty person;

the nature of punishment and the legal texts which are the basis for the punishment;

the full name and position title of the judge who has issued the warrant.

These warrants shall be dated, signed by this judge and sealed.

The guilty person who is arrested by the execution of arrest warrant shall be presented within the shortest period of time in front of a prosecutor at the place where he/she has been arrested and the person concerned shall then be informed of the warrant and detained.

If a judgment is issued by default, the guilty person who wishes to appeal against this judgment shall appear before the court that has issued the judgment within the shortest period of time. The guilty person may apply for bail. The court shall make a decision in accordance with Article 307 (Application for Release of an Accused Person who is under detention) of this Code.

Keywords

Arrest
Surrender
Request for arrest and surrender
Cooperation under procedures of national law
Appeal against decision of acquittal or conviction or against sentence - national proceedings



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