CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK TWO AUTHORITIES ENTRUSTED WITH PROSECUTION, ENQUIRY AND INVESTIGATION
CHAPTER 4 - FUNCTIONS OF PROSECUTORS AT THE COURT OF THE FIRST INSTANCE
SECTION 2 - Implementation of Criminal Actions
Article 48. Procedures for Immediate Appearance
The court may order a pre-trial detention of the accused by issuing a judgment with reasons. In the judgment, the court shall refer to the conditions as provided in Article 205 (Reasons for Pre¬trial Detention) of this Code. The court shall issue the detention warrant.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 4 INVESTIGATIONS
TITLE 1 - Investigating Judge
CHAPTER 3 - SAFETY MEASURES
SECTION 6 – Detention Warrants
Article 219. A Detention Warrant Issued by an Investigating Judge An investigation judge can issue a detention warrant.
Article 220. Definition of a Detention Warrant
A detention warrant is an order to the chief of a prison or a detention center to admit and detain an accused person.
An investigating judge can issue a detention warrant only if the accused person is the subject of pre-trial detention order.
Article 221. Information Mentioned in a Detention Warrant A detention warrant shall mention the following information:
the identity of the accused person;
the type of offense to be charged and legal texts that define and suppress the offense;
name and position title of the judge who issued the detention warrant;
A detention warrant shall be dated and signed by the investigating judge and sealed.
Article 222. Execution of Detention Warrants
The chief of a prison or a detention center shall admit and detain the accused person under a detention warrant until there is a notification of release. The chief of prison or detention center shall keep the original detention warrant or a certified copy of the warrant.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 9 SEPARATE PROCEDURES
CHAPTER 2- EXTRADITION
SECTION 1 - EXTRADITION REQUESTED BY A FOREIGN STATE
SUB-SECTION 3 – EXTRADITION PROCEDURES
Article 581. Request for Pre-trial Arrest
The requesting state may request for the pre-trial arrest of the wanted person.
In case of emergency, the request for pre-trial arrest may be made prior to the extradition request provided in Article 579 (Certification of Extradition Request) of this Code.
The pre-trial arrest, which aims to prevent the wanted person from escaping, does not require the compliance of any other separate proceeding.
The person who is the subject of pre-trial arrest procedures shall be released automatically if the Royal Government of Cambodia does not receive the documents specified in Article 579 (Certification of Extradition Request) within 2 (two) months from the date of arrest.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 9 SEPARATE PROCEDURES
CHAPTER 2- EXTRADITION
SECTION 1 - EXTRADITION REQUESTED BY A FOREIGN STATE
SUB-SECTION 3 – EXTRADITION PROCEDURES
Article 582. Arrest and Detention Warrant against Wanted Person
The Prosecutor General of the Court of Appeal in Phnom Penh may order the arrest and detention against the wanted person.
The warrant shall mention the following information:
the identity of the wanted person;
a reference to the request for pre-trial arrest made by the foreign state;
the full name and title of the judge who issued such order.
The order shall be dated and signed by the Prosecutor General and sealed.
The order of arrest and detention shall be enforceable within the entire territory of the Kingdom of Cambodia.
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.
2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:
(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;
(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and
(d) A statement that a request for surrender of the person sought will follow.
3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.
4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.