CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK THREE THE INVESTIGATIONS
TITLE 2 - INVESTIGATION OF FLAGRANTE DELICTO CASES
CHAPTER 3 - Police Custody
Article 97. Record of Police Custody
Judicial police officers shall also inform the detainee about the rights provided in Article 98 (Assistance from a Lawyer during Police Custody) of this Code. If necessary, a judiciary police officer may call for an interpreter.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK THREE THE INVESTIGATIONS
Title 3 - PRIMARY INVESTIGATIONS
Single Chapter - Primary Investigations
Article 115. Record of Interviews –Primary Investigations Each interview must have a record.
The record shall be accurately produced from the statement of the relevant person. If necessary, the judicial police officer may call for an interpreter who must swear in accordance with his/her religion or beliefs to interpret the responses accurately. The interpreter cannot be selected from among the police, the Royal Gendarmeries, or any person who is involved in the case.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 4 INVESTIGATIONS
TITLE 1 - Investigating Judge
CHAPTER 2 - INVESTIGATION BY AN INVESTIGATING JUDGE
SECTION 1 - Notification of placement under examination
Article 144. Assistance of Interpreter/Translator
When it is necessary, the investigating judge shall call on an interpreter. The interpreter shall swear according to his/her religion or beliefs that he/she shall help the court and interpret the answers accurately. In any case, the interpreter cannot be selected from among judges, court clerks, police, Royal Gendarmeries, parties or witnesses.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 4 INVESTIGATIONS
TITLE 1 - Investigating Judge
CHAPTER 2 - INVESTIGATION BY AN INVESTIGATING JUDGE
SECTION 2 - Interview of an accused person
Article 145. The Presence of Lawyer During Interview
When an accused person has a lawyer, the investigating judge shall invite the lawyer at least 5 (five) days before the interview takes place. During that period, the lawyer can examine the procedural case file.
An accused person can only be interviewed with the presence of his/her lawyer. However, if the lawyer was properly invited but does not show up on the set date and time, the investigating judge can interview the accused person without the presence of the lawyer. The absence of the lawyer shall be noted in writing in the minute of the accused person’s interview.
In special cases, the investigating judge can interview the accused person without summoning the lawyer if the accused person expressly waives the presence of his/her lawyer. This waiver shall be written in a separate report other than the report on the interview of the accused person and shall be signed by the accused person.
In the case of emergency, the investigating judge can also interview the accused person without the presence of the lawyer. This emergency situation shall be caused by the deadly injury or caused by the fear of losing evidence leads. The type of the emergency shall be written as notation in the report.
The investigating judge can call on an interpreter as provided in Article 144 (Assistance of Interpreter/Translator) of this Code.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 4 INVESTIGATIONS
TITLE 1 - Investigating Judge
CHAPTER 2 - INVESTIGATION BY AN INVESTIGATING JUDGE
Section 4 Interviewing of Witnesses
Article 155. Assistance of an Interpreter
The investigating judge can request for an interpreter to interview the witness as provided in Article 144 (Assistance of Interpreter/Translator) of this Code.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 5 JUDGMENTS
TITLE 1 - Judgment of Court of the First Instance
CHAPTER 3 - CONFRONTATIONS
SECTION 3 - Conduct of Confrontations
Article 330. Assistance and Oath of a Translator
If necessary, the chairman of hearing can seek a translator. The translator shall swear according to his/her belief or religion that he/she will assist the court and translate the answers honestly. In no circumstances, can the translator be chosen from amongst judges, court clerks, police, gendarmeries, parties or witnesses.
The provisions of Article 156 (Witness without Swearing) of this Code shall also be applied.
LAW ON THE ESTABLISHMENT OF EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA FOR THE PROSECUTION OF CRIMES COMMITTED DURING THE PERIOD OF DEMOCRATIC KAMPUCHEA
CHAPTER X – TRIAL PROCEEDINGS OF THE EXTRAORDINARY CHAMBERS
Article 35 new
In determining charges against the accused, the accused shall be equally entitled to the following minimum guarantees, in accordance with Article 14 of the International Covenant on Civil and Political Rights.
a. to be informed promptly and in detail in a language that they understand of the nature and cause of the charge against them;
LAW ON THE ESTABLISHMENT OF EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA FOR THE PROSECUTION OF CRIMES COMMITTED DURING THE PERIOD OF DEMOCRATIC KAMPUCHEA
CHAPTER X – TRIAL PROCEEDINGS OF THE EXTRAORDINARY CHAMBERS
Article 35 new
In determining charges against the accused, the accused shall be equally entitled to the following minimum guarantees, in accordance with Article 14 of the International Covenant on Civil and Political Rights.
f. to have the free assistance of an interpreter if the accused cannot understand or does not speak the language used in the court;
LAW ON THE ESTABLISHMENT OF EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA FOR THE PROSECUTION OF CRIMES COMMITTED DURING THE PERIOD OF DEMOCRATIC KAMPUCHEA
CHAPTER XVI - WORKING LANGUAGES
Article 45 new
The official working languages of the Extraordinary Chambers shall be Khmer, English and French.
1. The official languages of the Court shall be Arabic, Chinese, English, French, Russian and Spanish. The judgements of the Court, as well as other decisions resolving fundamental issues before the Court, shall be published in the official languages. The Presidency shall, in accordance with the criteria established by the Rules of Procedure and Evidence, determine which decisions may be considered as resolving fundamental issues for the purposes of this paragraph.
2. The working languages of the Court shall be English and French. The Rules of Procedure and Evidence shall determine the cases in which other official languages may be used as working languages.
3. At the request of any party to a proceeding or a State allowed to intervene in a proceeding, the Court shall authorize a language other than English or French to be used by such a party or State, provided that the Court considers such authorization to be adequately justified.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession. Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.