Presumption of innocence

Cambodia

Cambodia - Constitution 1993 (2008) EN

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.

Cambodia - Law on the Establishment of Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea 2004 EN

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.

Cambodia - Provisions relating to the Judiciary and Criminal Law and Procedure Applicable in Cambodia during the Transitional Period 1992 EN

TITLE III: TRIAL

Article 25: presumption of innocence

All suspects, indicted and accused persons benefit from the most complete presumption of innocence.

Rome Statute

Article 66 Presumption of innocence

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.