CONSTITUTION OF THE KINGDOM OF CAMBODIA
CHAPTER II - THE KING
Article 7
The King shall be the Head of State for life. The King shall be inviolable.
CONSTITUTION OF THE KINGDOM OF CAMBODIA
CHAPTER VII - THE NATIONAL ASSEMBLY
Article 80: The deputies shall enjoy parliamentary immunity.
No assembly member shall be prosecuted, detained or arrested because of opinions expressed during the exercise of his (her) duties.
The accusation, arrest, or detention of an assembly member shall be made only with the permission of the National Assembly or by the Standing Committee of the National Assembly between sessions, except in case of flagrante delicto. In that case, the competent authority shall immediately report to the National Assembly or to the Standing Committee for decision.
The decision made by the Standing Committee of the National Assembly shall be submitted to the National Assembly at its next session for approval by a 2/3 majority vote of the assembly members.
In any case, detention or prosecution of a deputy shall be suspended by a 3/4 majority vote of the National Assembly members.
CONSTITUTION OF THE KINGDOM OF CAMBODIA
CHAPTER VIII – THE SENATE
Article 104 - New (Added March 1999):
The Senator shall enjoy parliamentary immunity.
No Senator shall be prosecuted, detained or arrested because of opinions expressed during the exercise of his or her duties.
The accusation, arrest, or detention of a senator shall be made only with the permission of the Senate or by the Standing Committee of the Senate between sessions, except in the case of flagrante delicto.
In that case the competent authority shall immediately report to the senate or to the Standing Committee for decision.
The decision made by the Standing Committee of the Senate shall be submitted to the Senate at its session for approval by a two-thirds majority vote of all senators. In any case, detention or prosecution of a Senator shall be suspended by a three-quarters majority vote of all senators.
CHAPTER VII ON THE NATIONAL ASSEMBLY
Article 80.
Members of the National Assembly shall enjoy parliamentary immunity.
No National Assembly’s Member can in any case be prosecuted, arrested, kept in police custody or detained because of his/her opinions or of the votes expressed during the exercise of his/her functions.
The prosecution against, the arrest, the police custody or the detention of any Member of the National Assembly is possible only when approved by the National Assembly or by the Standing Committee during the interval between sessions, except in flagrante delicto case. In this last case, the competent ministry must urgently report to the National Assembly or to the Standing Committee for decision.
The decision of the National Assembly’s Standing Committee must be submitted to the next session of the National Assembly for adoption by two-third majority of all its members.
In all the aforementioned cases, the detention of, the prosecution against any National Assembly’s Member shall be suspended, if the National Assembly so decided by three-forth majority of all its members.
CHAPTER VIII new ON THE SENATE
Article 104 new
The Senators shall enjoy parliamentary immunity.
No Senator can in any case be prosecuted, arrested, kept in police custody or detained because of his/her opinions or of
the votes expressed during the exercise of his/her functions. The prosecution against, the arrest, the police custody or the detention of a Senator is possible only when approved by the Senate or by the Standing Committee during the interval between sessions, except in flagrante delicto case. In this last case, the competent ministry must urgently report to the Senate or to the Standing Committee for decision.
The decision of the Senate’s Standing
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 II - COMPETENCE
Article 8
The Extraordinary Chambers shall have the power to bring to trial all Suspects most responsible for crimes against internationally protected persons pursuant to the Vienna Convention of 1961 on Diplomatic Relations, and which were committed during the period from 17 April 1975 to 6 January 1979.
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 VIII – Individual Responsibility
Article 29
The position or rank of any Suspect shall not relieve such person of criminal responsibility or mitigate punishment.
2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.
1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.
2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.
From the date on which the Court establishes a social security scheme, the persons referred to in articles 15, 16 and 17 shall, with respect to services rendered for the Court, be exempt from all compulsory contributions to national social security schemes.