Criminal Procedure Code at Cambodia
Cambodia's criminal justice system is governed by the Code of Criminal Procedure, enacted on June 7, 2007, and promulgated on August 20, 2007. This comprehensive legal framework outlines the procedures for criminal investigations, prosecutions, trials, and appeals, aiming to ensure justice and fairness in the legal process.
๐ Structure of the Code
The Code is organized into several key sections:
General Provisions: Defines the scope and application of the Code.
Judicial Authorities: Outlines the roles and responsibilities of judges, prosecutors, and judicial police.
Police Inquiry: Details the procedures for police investigations, including arrest and detention protocols.
Judicial Investigation: Covers the process of judicial inquiry, including the powers of investigating judges. (Code of Criminal Procedure (2007) | ICJ)
Judgments: Describes the trial process, including the rights of the accused and the conduct of hearings.
Appeals: Specifies the procedures for appealing judgments and decisions.
Enforcement: Addresses the execution of sentences and other judicial orders.
Special Proceedings: Includes provisions for specific types of cases, such as juveniles or military offenses.
Transitional Provisions: Provides guidelines for the implementation of the Code.
Final Provisions: Contains miscellaneous provisions and definitions.
๐ Accessing the Code
The full text of the Code of Criminal Procedure is available in both Khmer and English on the following platforms: (Code of Criminal Procedure (2007) | ICJ)
WIPO Lex: Provides official versions of the Code in multiple languages. (Code of Criminal Procedure, Cambodia, WIPO Lex)
Open Development Cambodia: Offers downloadable PDFs of the Code in Khmer and English. (Criminal Procedure Code - Laws OD Mekong Datahub)
EuroCham Cambodia: Features the Code in their online legal library. (Criminal Procedure Code - LEGAL-E - EuroCham Cambodia) (Cambodian Code of Criminal Procedure - LEGAL-E - EuroCham Cambodia)
๐งพ Annotated Code for Practical Guidance
For a more in-depth understanding, the Annotated Cambodian Code of Criminal Procedure provides detailed explanations and interpretations of key provisions. This resource is particularly useful for legal practitioners and scholars. It includes annotations from the Extraordinary Chambers in the Courts of Cambodia (ECCC), the United Nations Human Rights Committee, the European Court of Human Rights, and the French Court of Cassation. The second edition, published in December 2015, offers updated insights and is available in both Khmer and English. (Cambodia Annotated Code of Criminal Procedure | OHCHR) (Cambodia Annotated Code of Criminal Procedure | OHCHR)
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