Trials in absentia

Cambodia

Cambodia - Criminal Procedure Code 2007 EN

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.

Rome Statute

Article 63 Trial in the presence of the accused

1. The accused shall be present during the trial.