CONSTITUTION OF THE KINGDOM OF CAMBODIA
CHAPTER III - THE RIGHTS AND OBLIGATIONS OF KHMER CITIZENS
Article 38
Any case of doubt, it shall be resolved in favor of the accused.
The accused shall be considered innocent until the court has judged finally on the case.
Every citizen shall enjoy the right to defense through judicial recourse.
CHAPTER III ON THE RIGHTS AND DUTIES OF KHMER CITIZENS
Article 38.
The doubt shall benefit the accused.
Any accused is presumed innocent up to the final verdict of the court.
CHAPTER III ON THE RIGHTS AND DUTIES OF KHMER CITIZENS
Article 38.
Any individual shall have the right to his/her own defense through the judicial system.
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
When deciding to apply the procedures for immediate appearance, the prosecutor shall:
Inform the person about the charge and the type of the offense;
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
When deciding to apply the procedures for immediate appearance, the prosecutor shall:
Recieve the statement of the person if he/she wants to make;
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 accused shall be detained with security guards until he/she appears before the court in which the trial shall be conducted on the same day.
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
During the appearance, after confirming the identification of the accused and making summary report on the accusation, the court shall inform the accused that he/she may have time to prepare his or her defense.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK THREE THE INVESTIGATIONS
TITLE 2 - INVESTIGATION OF FLAGRANTE DELICTO CASES
CHAPTER 3 - Police Custody
Article 96. Police Custody
Judicial police officers shall immediately report to the prosecutor and shall provide all relevant evidence required for such detention. The duration in police custody shall be 48 (forty eight) hours. The duration shall commence from the time when the detained person arrives at the police or Royal Gendarmeries Unit.
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 2 - INVESTIGATION OF FLAGRANTE DELICTO CASES
CHAPTER 3 - Police Custody
Article 98. Assistance of a Lawyer during Police Custody
Where the period of 24 hours from the starting of the police custody has been lapsed, the detainee may request to talk with a lawyer or other person who is selected by him/her, provided that the selected person is not involved in the offense. This person shall be informed of the request for selection immediately and by all available means. On condition of guaranteeing confidentiality of the discussion, the selected person may enter into the custodial cell and talk with the detained person for 30 (thirty) minutes. Following the meeting, the selected person may make a written note to be attached to the file.
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 1 - GENERAL PROVISIONS
Article 133. Request to act by the Accused Person
At any time during an investigation, the accused person can request the investigating judge to interview him or her, to hear the statement of the plaintiff of a civil party or witness, to cross examination or go to the site. The request must be in writing with a statement of factual reasons.
If the investigating judge does not grant the request, that investigating judge shall write the rejection order within one (1) month after receiving the request. This order shall state the factual reasons and the prosecutor and the accused person shall immediately be notified of the order.
If the investigating judge does not decide within one (1) month, the accused person can directly file a complaint through his or her request to the investigation chamber to make decision instead of the investigating judge.
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 143. Notification of placement under examination
When an accused person appears for the first time, the investigating judge shall check his/her identity, inform him/her of the act which has been charged and the type of offense as defined by law. The investigating judge shall tell the accused person that he/she is free whether to answer or not. The notation on the statement shall be written in the record on the first appearance.
If the accused person wants to answer, the investigating judge shall take the statement immediately.
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 143. Notification of placement under examination
The investigating judge shall inform the accused person of his/her rights to choose a lawyer or to have a lawyer appointed for him/her according to the Law on the Statute of Lawyers.
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 2 - Interview of an accused person
Article 149. Rights of the Accused to Defend
The lawyer of an accused person who has been detained may freely communicate with his/her client in a prison or in a detention center. The conversation between the lawyer and the accused person shall not be listened to or recorded by others. The lawyer may read documents of the dossier to his/her client. but the lawyer cannot give the copy of the dossier to his/her client.
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 4 INVESTIGATIONS
TITLE 1 - Investigating Judge
CHAPTER 2 - INVESTIGATION BY AN INVESTIGATING JUDGE
Section 4 Interviewing of Witnesses
Article 157. Impossibility to interview Some Witnesses
To respect rights to self-defense, the investigating judge cannot call as a witness any person to whom there is a lead of evidence to charge. In such case, the judge shall apply the procedures as provided in Article 143 (Notification of Placing under Examination) of this Code.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 4 INVESTIGATIONS
TITLE 1 - Investigating Judge
CHAPTER 3 - SAFETY MEASURES
SECTION 5 - Pre-trial Detention
Article 206. Remark of an Accused Person and Statement of Reasons of the Order
When an investigating judge makes decision of the pre-trial detention by his/her own initiative or by the introductive requisition of a prosecutor, he/she shall notify the accused person and shall take statements of the accused person. If the accused person has a lawyer with him/her, the lawyer shall present his/her means of defense.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 4 INVESTIGATIONS
TITLE 1 - Investigating Judge
CHAPTER 3 - SAFETY MEASURES
SECTION 5 - Pre-trial Detention
Article 209. Duration of the Pre-trial Detention in a Misdemeanor Case
For an adult accused of a misdemeanor, the pre-trial detention shall not exceed 4 (four) months. However, when this period of time ends, the investigating judge can extend the pre-trial detention only one time not longer than 2 (two) months by a clear and well-motivated warrant.
The duration of the above pre-trial detention shall not exceed half of the minimum sentence set by a law.
Article 210. Duration of the Pre-trial Detention in the case of Crime Against Humanity
In the case of charges for crime against humanity, genocidal crime or war crime, the pre-trial detention shall not exceed 1 (one) year for each of these offenses. However, when this period ends, the investigating judge can extend pre-trial detention for 1 (one) year each time by a clear and well-motivated warrant.
The investigating judge can only order the extension of the pre-trial detention twice.
Article 211. Extension of the Pre-trial Detention
If an investigating judge decides to extend the pre-trial detention, the investigating judge shall notify the accused person and take his/her remarks. When the accused has a lawyer with him/her, the lawyer shall present means of defense his/her client.
The investigating judge shall extend the pre-trial detention by issuing a well-motivated warrant. In the warrant, the investigating judge shall refer to the provisions of Article 205 (Reasons for the Pre-trial Detention) of this Code. The accused person shall be notified of the warrant immediately.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 4 INVESTIGATIONS
TITLE 1 - Investigating Judge
CHAPTER 5 - Termination of Investigations
Article 249. Decision of Settlement Warrant in Relation to the Pre-trial Detention and Judicial Control
A settlement warrant shall terminate the pre-trial detention. In this case, the provisions of Article 276 (Release of an Accused Person who has been detained) shall be applied.
However, under separate decisions of a settlement warrant, the investigating judge can keep the accused person under pre-trial detention until the time he/she appears in the court. In this warrant, the investigating judge shall refer to the conditions of Article 205 (Reasons for Pre-trial Detention) of this Code.
The decision to keep the accused person under pre-trial detention shall cease to have effect after 4 (four) months. If the accused person does not appear in the court within 4 (four) months, the accused person shall be automatically allowed to stay outside custody.
A settlement warrant shall terminate the judicial control.
If the investigating judge has required the accused person to pay bail, to deliver documents on identification, or weapons, which were not involved in the offence; the court clerk shall return the bail, document on identification or weapons to the accused person with an acknowledgement receipt to be signed by the accused person.
However, under separate decisions of a settlement warrant, the investigating judge can keep the accused person under the judicial control until such time as he/she appears in the court.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 4 INVESTIGATIONS
TITLE 2 - Investigating Chamber
CHAPTER 1 - GENERAL PROVISIONS
Article 259. Access to Dossiers and Briefs
The Prosecutor General of the Court of Appeal and lawyers may examine a dossier until the time of trial.
The Prosecutor General of the Court of Appeal shall provide a written introductive requisition to the court clerk at least 1 (one) day before the trial.
The parties and lawyers may submit their briefs to the court clerk.
The written introductive requisition and the brief shall be granted a visa with date by the court clerk and shall be included in the dossier immediately.
The parties and their lawyers shall be permitted to submit briefs until the beginning of the
trial.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 5 JUDGMENTS
TITLE 1 - Judgment of Court of the First Instance
CHAPTER 2 - APPEARANCE OF THE PARTIES
SECTION 1 - Appearance of the Accused Person
Article 300. Appearance of an Accused Person
An accused person shall appear during hearing of the court directly.
The accused person may be assisted by a lawyer chosen by him/herself. The accused may also request to have a lawyer appointed for him/her in accordance with the Law on Statute of Lawyers.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 5 JUDGMENTS
TITLE 1 - Judgment of Court of the First Instance
CHAPTER 2 - APPEARANCE OF THE PARTIES
SECTION 1 - Appearance of the Accused Person
Article 302. Free Appearance of an Accused Person
In case of order for direct hearing, the accused person shall appear by him/herself during the
hearing.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 5 JUDGMENTS
TITLE 1 - Judgment of Court of the First Instance
CHAPTER 2 - APPEARANCE OF THE PARTIES
SECTION 1 - Appearance of the Accused Person
Article 303. Appearance with Escort of an Accused Person
In case of procedures for immediate appearance, the accused person shall be escorted by security guards until he/she appears before the court.
The court may decide to put the accused person under pre-trial detention according to Article 48 (Procedures for Immediate Appearance) of this Code.
A judgment on the merits shall be announced not later than 2 (two) weeks starting from the date the accused person appeared in the court.
A pre-trial detention shall be legally terminated at the expiration of the two-week period.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 5 JUDGMENTS
TITLE 1 - Judgment of Court of the First Instance
CHAPTER 2 - APPEARANCE OF THE PARTIES
SECTION 1 - Appearance of the Accused Person
Article 304. Procedures for Immediate Appearance
When deciding to apply the procedures for immediate appearance, the prosecutor shall:
check the identification of the person who has been referred to him/her;
inform that person of the facts to which he/she was charged and the type of offense;
receive the statements from that person, if he/she wishes to make;
prepare a record on the order of immediate appearance.
The prosecutor shall inform the accused person that he/she is entitled to get assistance of a lawyer of his/her own choice or a lawyer who is appointed in accordance with the Law on Statute of Lawyers.
The selected or appointed lawyer shall be informed immediately. The lawyer may have access to the dossier and communicate with the accused person.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 5 JUDGMENTS
TITLE 1 - Judgment of Court of the First Instance
CHAPTER 2 - APPEARANCE OF THE PARTIES
SECTION 1 - Appearance of the Accused Person
Article 304. Procedures for Immediate Appearance
At the time of the appearance, and after checking the identification of the accused person and brief report on the facts which was charged, the court shall inform the accused person that he/she is entitled to a period of time for preparing the defense.
If the accused person requests for delay or if the court finds that the case is not ready for adjudicating, it shall adjourn the hearing to other date.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 5 JUDGMENTS
TITLE 1 - Judgment of Court of the First Instance
CHAPTER 3 - CONFRONTATIONS
SECTION 2 - The Rules of Evidence
Article 321. Evaluation of Evidence by the court
Unless otherwise required by a law, any evidence in criminal cases is freely admissible. The court shall have a free choice to determine the value of the evidence submitted to the court on the ground of its true belief.
The decision of the court shall be based only on the evidence which it has in the file or which has been presented at the hearing.
A confession shall be submitted to the court for consideration in the same manner as other evidence.
Answers given under the physical or mental duress shall have no evidentiary value.
Communications between the accused person and his/her lawyers is not admissible as evidence.
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 325. Interview of an Accused Person
The chairman of hearing shall inform the accused person of the acts that he/she is accused of and shall conduct the interview of the accused person. The chairman of hearing shall ask any questions which he/she believes that they are conducive to ascertaining the truth. The chairman of hearing has a duty to ask the accused person any questions leading either to charge or to discharge the accused person.
After the chairman of hearing questions the accused person, the prosecutor, the lawyers and all the parties shall be allowed to question the accused person. All questions shall be asked with the permission of the chairman of hearing. Except for questions asked by prosecutors and lawyers, all questions shall be asked through the chairman of hearing. In case of objection to a question, the chairman of hearing shall decide discretionarily if the question can be asked or not.
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.
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 333. Search for Truth in the Absence of an Accused Person
Even if an accused person is absent, the court shall seek the truth, listen to the answers of the other parties and witnesses, and examine the exhibits.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 5 JUDGMENTS
TITLE 1 - Judgment of Court of the First Instance
CHAPTER 4 DECISIONS
SECTION 1 - Announcement of Judgment
Article 351. Absence of an Accused Person
Beyond reasonable doubts shall be the benefits of the accused.
In case that the accused person is absent, the court shall declare the guilt if it correctly finds that the accused person had actually committed the offense which has been charged.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 5 JUDGMENTS
TITLE 1 - Judgment of Court of the First Instance
CHAPTER 4 DECISIONS
SECTION 1 - Announcement of Judgment
Article 362. Default Judgment
If an accused person does not appear at the hearing and there is no proof that he/she had the knowledge of the committal for trial or the summons, the judgment shall be issued in the absence of the accused person.
The accused person shall be notified of the default judgment. An appeal may be filed against this judgment.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 8 EXECUTION PROCEDURES
TITLE 2 - EXECUTION OF PRE-TRIAL DETENTION AND PUNISHMENT DEPRIVING LIBERTY
CHAPTER 1 - Rules governing Detention
Article 507. Illegal Detention
Any judge who has received a complaint regarding illegal detention shall make an immediate examination.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 8 EXECUTION PROCEDURES
TITLE 2 - EXECUTION OF PRE-TRIAL DETENTION AND PUNISHMENT DEPRIVING LIBERTY
CHAPTER 1 - Rules governing Detention
Article 510. Conversations of a Detainee with his/her Lawyer
A detainee is entitled to have confidential conversations with his/her lawyer.
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 VII - INVESTIGATIONS
Article 24 new
During the investigation, Suspects shall be unconditionally entitled to assistance of counsel of their own choosing, and to have legal assistance assigned to them free of charge if they cannot afford it, as well as the right to interpretation, as necessary, into and from a language they speak and understand.
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 33 new
The Extraordinary Chambers of the trial court shall ensure that trials are fair and expeditious and are conducted in accordance with existing procedures in force, with full respect for the rights of the accused and for the protection of victims and witnesses. If these existing procedure do not deal with a particular matter, or if there is uncertainty regarding their interpretation or application or if there is a question regarding their consistency with international standard, guidance may be sought in procedural rules established at the international level.
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
Suspects who have been indicted and arrested shall be brought to the Trial Chamber according to existing procedures in force. The Royal Government of Cambodia shall guarantee the security of the Suspects who appear before the court, and is responsible for taking measures for the arrest of the Suspects prosecuted under this law. Justice police shall be assisted by other law enforcement elements of the Royal Government of Cambodia, including the armed forces, in order to ensure that accused persons are brought into custody immediately.
Conditions for the arrest and the custody of the accused shall conform to existing law in force.
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
The accused shall be presumed innocent as long as the court has not given its definitive judgment.
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 34 new
Trials shall be public and open the representatives of foreign States, of the Secretary-General of the United Nations, of the media and of national and international non-government organizations unless in exceptional circumstances the Extraordinary Chambers decide to close the proceedings for good cause in accordance with existing procedures in force where publicity would prejudice the interests of justice.
Article 35 new
The accused shall be presumed innocent as long as the court has not given its definitive judgment.
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;
b.to have adequate time and facilities for the preparation of their defence and to communicate with counsel of their own choosing;
c. to be tried without delay ;
d. to be tried in their own presence and to defend themselves in person or with the assistance of counsel of their own choosing, to be informed of this right and to have legal assistance assigned to them free of charge if they do not have sufficient means to pay for it;
e. to examine evidence against them and obtain the presentation and examination of evidence on their behalf under the same conditions as evidence against them;
f. to have the free assistance of an interpreter if the accused cannot understand or does not speak the language used in the court;
g. not to be compelled to testify against themselves or to confess guilt.
Article 36 new
The Extraordinary Chamber of the Supreme Court shall decide appeals made by the accused, the victims, or the Co-Prosecutors against the decision of the Extraordinary Chamber of the trial court. In this case, the Supreme Court Chamber shall make final decisions on both issues of law and fact, and shall not return the case to the Extraordinary Chamber of the trial court .
Article 37 new
The provision of Article 33, 34 and 35 shall apply mutatis mutandis in respect of proceedings before the Extraordinary Chambers of the Supreme Court.
SECTION II: CRIMINAL PROCEDURE
Article 10: legal assistance
1. The right to assistance of an attorney or counsel is assured for any person accused of a misdemeanor or crime.
2. No one may be detained on Cambodian territory more than 48 hours without access to assistance of counsel, an attorney, or another representative authorized by the present text, no matter what the alleged offence may be.
SECTION II: CRIMINAL PROCEDURE
Article 12: treatment of detainees
1. No detainee shall be subjected to cruel, inhuman or degrading treatment or punishment, nor be beaten or tortured. Each detainee must have access to appropriate medical care. Prisoners must not be shackled or kept in isolation, whether they are in pre-trial detention or already sentenced. In no case shall the family of a detainee or prisoner be harassed as a result of the prisoner's behavior.
SECTION II: CRIMINAL PROCEDURE
Article 13: arrest and detention
1. No one may be detained more than 48 hours without being brought before a judge, following charges files by a prosecutor. In the event that it is impossible to abide by this time limit due to prevailing transportation conditions in the region, the time may be extended to the extent strictly necessary to bring the detainee before a judge by the most rapid means available.
SECTION II: CRIMINAL PROCEDURE
Article 17: access to the file
1. If a judge decides that additional investigation is necessary, counsel of the accused shall, throughout the investigation, be immediately advised of new evidence presented against his or her client.
TITLE III: TRIAL
Article 24: evidence
4. The defense may call its own witnesses , and present its own evidence to the court.
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
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:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(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
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.