Cambodia

Criminal Procedure Code of Kingdom of Cambodia

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 9 SEPARATE PROCEDURES

CHAPTER 2- EXTRADITION

SECTION 2 -Extradition Requested by the Kingdom of Cambodia to a Foreign State

Article 590. Competence of the Investigation Chamber

The Investigation Chamber of the Court of Appeal in Phnom Penh is the sole body which has competence to examine the regularity of extradition request to be made by the Cambodian government.

The extradited person shall have 15 (fifteen) days from the date in which he/ she arrived in Cambodia to request for annulment of the extradition.

The request shall be made in writing.

Article 591. Procedures before the Investigation Chamber

The Investigation Chamber shall make a decision after hearing the statement of the person to be extradited, the conclusion of the Prosecutor General and the conclusion of the defense
lawyer.

Article 592. Sustaining Effect of Annulment to Extradition Request

The request to annul an extradition shall not postpone the charge procedure being made against the person to be extradited.

Article 593. Effect of Extradition Annulment

If the extradition is voided by a final decision of the Investigation Chamber, the on-going charge procedure shall be terminated. The person to be extradited shall be put in liberty and shall have the freedom to leave Cambodia.

However, at the expiration of the 30 (thirty) day period starting from the date of release, the person to be extradited may be re-arrested in Cambodia and become the subject of the re-charge procedure for the acts leading to such extradition.

Article 594. Consent of a State that has Delivered the Foreign National to the Kingdom of Cambodia

If the Kingdom of Cambodia receives an extradition of a foreign national and later receives a request for extradition from another foreign state, the Kingdom of Cambodia may agree with this request after obtaining agreement from the state which has delivered this national to the Royal Government of Cambodia.

However, the above consent is not necessary if this foreign national has freely left Cambodia within the 30 (thirty) day period.

Keywords

Extradition
International assistance in criminal matters



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