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 3 - Opposition Against a Default judgment

Article 365. Opposition Against a Default Judgment
The guilty person can file an opposition against a judgment declared in his/her absence.

Article 366. Formality and Admissibility of an Opposition

An opposition shall be filed by writing:

at the office of the court clerk of the court where the judgment was declared;
in the presence of a prosecutor, police or gendarmeries unit or a chief of a prison or a detention center.

The guilty person may be represented by a lawyer. The lawyer shall have the power of attorney authorizing him/her to file an opposition. However, a guilty person, who is a minor, may be represented by parents or guardians. In this case, the representative does not need to have the power of attorney.

When receiving an opposition application, the prosecutor, police or gendarmeries unit, or chief of prison or detention center shall refer the application immediately to the court clerk of the court where the judgment was declared.

When the opposition applicant does not know how to sign, he/she shall be fingerprinted.

Keywords

Appeal against decision of acquittal or conviction or against sentence - national proceedings



EDIT.