- CHAPTER I GENERAL PROVISIONS
- Article 1.
- Article 2.
- Article 3.
- Article 4.
- Article 5.
- Article 6.
- Article 7.
- Article 8.
- Article 9.
- Article 10.
- Article 11.
- Article 12.
- Article 13.
- Article 14.
- Article 15.
- Article 16
- Article 17.
- Article 18.
- Article 19.
- Article 20.
- Article 21.
- Article 22.
- Article 23.
- Article 24
- Article 25.
- Article 26.
- Article 27.
- Article 28.
- Article 29.
- Article 30.
- Article 31.
- Article 32.
- Article 33.
- Article 34.
- CHAPTER II JUDICIARY POLICE
- CHAPTER III PROVINCIAL PUBLIC PROSECUTOR DEPARTMENT
- CHAPTER IV THE INVESTIGATING JUDGE
- Article 68.
- Article 69.
- Article 70.
- Article 71.
- Article 72.
- Article 73.
- Article 74.
- Article 75.
- Article 76.
- Article 77.
- Article 78.
- Article 79.
- Article 80.
- Article 81.
- Article 82.
- Article 83.
- Article 84.
- Article 85.
- Article 86.
- Article 87.
- Article 88.
- Article 89.
- Article 90.
- Article 91.
- Article 92.
- Article 93.
- Article 94.
- Article 95.
- CHAPTER V PROVINCIAL OR MUNICIPAL TRIBUNALS
- Article 96.
- Article 97
- Article 98.
- Article 99.
- Article 100.
- Article 101.
- Article 102.
- Article 103.
- Article 104.
- Article 105.
- Article 106.
- Article 107.
- Article 108.
- Article 109.
- Article 110.
- Article 111.
- Article 112.
- Article 113.
- Article 114.
- Article 115.
- Article 116.
- Article 117.
- Article 118.
- Article 119.
- Article 120.
- Article 121.
- Article 122.
- Article 123.
- Article 124.
- Article 125.
- Article 126.
- Article 127.
- Article 128.
- Article 129.
- Article 130.
- Article 131.
- Article 132.
- Article 133.
- Article 134.
- Article 135.
- Article 136.
- Article 137.
- Article 138.
- Article 139.
- Article 140.
- Article 141.
- Article 142.
- Article 143.
- Article 144.
- Article 145.
- Article 146.
- Article 147.
- Article 148.
- Article 149.
- Article 150.
- Article 151.
- Article 152.
- Article 153.
- Article 154.
- Article 155.
- CHAPTER VI The Appeal Court
- Article 156.
- Article 157
- Article 158.
- Article 159.
- Article 160.
- Article 161.
- Article 162.
- Article 163.
- Article 164
- Article 165.
- Article 166.
- Article 167.
- Article 168.
- Article 169.
- Article 170.
- Article 171.
- Article 172
- Article 173.
- Article 174.
- Article 175.
- Article 176.
- Article 177.
- Article 178.
- Article 179.
- Article 180.
- Article 181.
- Article 182.
- Article 183.
- Article 184.
- Article 185.
- Article 186.
- Article 187.
- Article 188.
- Article 189.
- Article 190.
- Article 191.
- Article 192.
- Article 193.
- Article 194
- Article 195.
- Article 196.
- Article 197.
- Article 198.
- Article 199.
- Article 200.
- Article 201.
- Article 202.
- Article 203.
- Article 204.
- Article 205.
- CHAPTER VII THE SUPREME COURT
- Article 206.
- Article 207.
- Article 208.
- Article 209.
- Article 210.
- Article 211.
- Article 212.
- Article 213.
- Article 214.
- Article 215.
- Article 216
- Article 217.
- Article 218.
- Article 219.
- Article 220
- Article 221.
- Article 222.
- Article 223.
- Article 224.
- Article 225.
- Article 226.
- Article 227.
- Article 228.
- Article 229.
- Article 230.
- Article 231.
- Article 232.
- Article 233.
- Article 234.
- Article 235.
- Article 236.
- FINAL PROVISIONS
L A W CRIMINAL PROCEDURE SOC LAW ON CRIMINAL PROCEDURE 1993
Law adopted by the National Assembly of the State of Cambodia on 28 January 1993 and promulgated by Decree No. 21 of Council of State of the State of Cambodia, dated 8-3-1993, as follows: Considering the Constitution of the State of Cambodia, Considering the Law on the Organization and Functioning of the National Assembly and Council of State of the People's Republic of Cambodia, which is promulgated by Decree No. 04 DECR. dated 10 February 1982. D E C I D E S :
To promulgate the Law on Criminal Procedure which was adopted by the National Assembly of the State of Cambodia on 28 January 1993, at its 24th Session of its First Legislature.
Made in Phnom Penh on 8 March 1993.
For The Council of State,
PRESIDENT,
signed and sealed by : HENG SAMRIN. CHAPTER I
GENERAL PROVISIONS
Article 1.
The law on criminal procedure has the purpose of establishing the rules that shall be respected and strictly implemented in order to determine by law the existence of a criminal offense.
Article 2.
Any criminal offense may give rise to two separate legal actions: public action and civil action.
Article 3.
The penal action is for the purpose of condemning all acts disrupting social order and breaching the peace and the offenses provided by the law.
Therefore, public actions strive to prevent these offenses from re-occurring by imposing on offenders punishments provided by the law.
Article 4.
Only officials appointed by law may initiate public actions.
Article 5.
The civil action is for the purpose of claiming reparation for damages caused by an act of offense, to the injured party who, for this purpose, shall receive an award proportionate to the damages incurred to him/her.
Article 6.
Both actions, public and civil, even though closely inter-related, can always be separately filed.
Article 7.
A public action may not be settled by any arrangement. The court of repressive jurisdiction provided in further articles, when seized upon knowledge of any penal infraction, shall decide on the case. Non-compliance with this principle shall be considered as a miscarriage of justice and punishable with disciplinary measures or imprisonment from 6 days to 1 month.
Article 8.
The exercise of a penal action and putting it into process are the responsibilities of the prosecution department.
In principle, at the prosecution department, the deputy general prosecutor and prosecutor perform their duties on behalf and under the responsibilities of the general prosecutor, whether or not in his/her presence.
At the municipal and provincial prosecution department, the deputy prosecutor performs his/her duties on behalf and under the responsibilities of the prosecutor, whether or not in his/her presence.
Article 9.
Any person who believes that he/she has been injured by an infraction may lodge a complaint along with the prosecution proceedings in order to obtain an award.
Article 10.
Where any plaintiff claims that he/she has been injured by an act that he/she thinks constitutes a criminal offense and the representative of the prosecution department does not respond, or files it without follow-up, the plaintiff may submit the case to the Appeal Court.
Article 11.
A penal action can be exercised against any person in the State of Cambodia without discrimination on the basis of race, nationality, religion, sex or social class.
Article 12.
A civil action may be grounded only on any felony, misdemeanor or minor offense. However, in order to judge whether or not a civil action is relevant, the fact constituting the criminal offense that gives rise to civil reparation shall be clearly and appropriately indicated according to the law.
On the other hand, the criminal offense shall have really caused damages even though the damage is a moral one.
Article 13.
It is not sufficient just to have a criminal offense and damages caused by the offense but there shall also be a relationship between the two elements: cause and effect, or in other words the damage is the direct result of the offense and it really and currently occurs.
Article 14.
In principle, only the person who is personally injured by the offense may file a civil action.
Those who have legal guardianship of the injured person or those who, by law, have the authority to represent the victim, may also file a civil action on behalf or for the benefit of the person injured by the offense.
Article 15.
A civil action can be exercised against all those who are liable for the reparation of damages resulting from the offense; that is to say principals, co-principals and accomplices as well as those liable for the civil action on that offense.
A civil action may be exercised against a person because that person is civilly liable for the conduct of another, in accordance with the provisions of the civil law. However, such civilly liable person shall not be subject to direct or sole condemnation.
Article 16.
The civil action may be filed together with the penal action at the same time and before the same judge.
The civil action may also be filed separately. In the latter case, the exercise of the civil action shall be suspended as long as the penal action is not finally decided.
Article 17.
The victim of any offense who has lodged a complaint for damages before the civil judge and who has already received reparation shall not be a plaintiff claiming damages in the public prosecution of the same case.
Article 18.
This principle can only be applied when the civil and penal jurisdictions receive the same case; that means there is identity of subject, of cause and of parties.
Article 19.
The criminal jurisdiction, upon receiving a complaint for damages from an injured party, shall not continue only with the criminal case and put off the civil action to another session. It shall hear the two actions together; but if the civil action is not sufficiently clarified it shall put off the trial to a later time.
Nevertheless, in any particular case when the amount of damages cannot be evaluated at the present time, the jurisdiction shall just recognize the rightfulness of the claim for damages and delay assessing the amount of compensation, which will later be furnished by the plaintiff claiming damages.
Article 20.
Even though, in principle, a judge who hears a case may hear all issues arising from the case, in other words any criminal judge has the competence to adjudicate all questions raised by parties before him; but at the same time and during the same criminal proceeding there may happen a question called a "preliminary question" which is a question necessary to establish an offense, and that the criminal jurisdiction cannot resolve. It is so when the question raised is a question of pure civil law.
Article 21.
There are two kinds of preliminary questions: the preliminary question for action and the preliminary question on judgment.
The preliminary question for action exists where the prosecution cannot be carried out as long as this preliminary question has not been definitely resolved.
The preliminary question on judgment is the question that causes the stay of proceeding of prosecution. That is to say the criminal judge has received a valid prosecution but he cannot decide on the merits unless he has received a preliminary decision from the civil jurisdiction.
Article 22.
Preliminary questions for action are those which can occur on the issue of a felony or a misdemeanor relating to a taking away or a concealment of a newborn baby.
No prosecutions can be instituted on a felony or a misdemeanor of the suppression of the status of birth of a person if there is no judgment previously recognizing the filiation of the child whose status bas been suppressed.
Article 23.
The preliminary questions to judgment are incidental pleas relating to the right to proprietorship or another real estate right, and the plea concerning the existence of marriages in bigamy cases.
Article 24.
To be considered a preliminary question relating to the proprietorship right or another real estate right, such as usufruct, use or easement, the real estate right, put forward as means of defense in the criminal proceeding, shall be a realty right. If it is only a personal right the criminal judge is always competent to adjudicate and there is no preliminary question to be decided by the civil jurisdiction.
Article 25.
The right of possession will constitute a preliminary question only if it is substantiated by a valid title or by a title of which the nature is sufficiently serious for consideration. On the other hand, if it is only invoked by using witnesses to establish the right, the case then remains subject to the consideration of the penal jurisdiction.
Article 26.
The preliminary question relating to the right to proprietorship or other right of real estate shall not be automatically raised by the jurisdiction, but only by the accused him/herself.
Article 27.
The preliminary question can be raised at any stage of the case even in the stage of appeal.
Article 28.
Where the prosecution relates to polygamy, the nullity of one of the two marriages may be raised but on the condition that the alleged facts raised make the nullity possible.
Article 29.
When the preliminary question is raised and considered admissible by the criminal judge, the judge, under penalty of nullity, shall stay the judgment and set up a time allowing the party who raises the preliminary question to submit it to a competent jurisdiction.
Article 30.
In any case, the judge shall not discharge any defendant without hearing.
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