CONSTITUTION OF THE KINGDOM OF CAMBODIA

CHAPTER III - THE RIGHTS AND OBLIGATIONS OF KHMER CITIZENS

Article 38:

The law guarantees there shall be no physical abuse against any individual.

The law shall protect life, honor, and dignity of the citizens.

The prosecution, arrest, or detention of any person shall not be done except in accordance with the law.

Coercion, physical ill-treatment or any other mistreatment that imposes additional punishment on a detainee or prisoner shall be prohibited. Persons who commit, participate or conspire in such acts shall be punished according to the law.

Confessions obtained by physical or mental force shall not be admissible as evidence of guilt.

CHAPTER III ON THE RIGHTS AND DUTIES OF KHMER CITIZENS
Article 38.
The prosecution, arrest, police custody or detention of any person shall not be done, except in accordance with the law.

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 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 3 - SAFETY MEASURES

SECTION 5 - Pre-trial Detention

Article 215. Release on Bail of an Accused Person by an Investigating Judge

An investigating judge can order the release of an accused person on bail at any
time.

If an investigating judge intends to release an accused person on bail, the investigating judge shall inform the prosecutor for opinion and shall forward the dossier to the prosecutor for examination. The prosecutor shall provide his/her opinion within the shortest period of time. The investigating judge shall decide within a maximum period of 5 (five) days after forwarding the dossier to the prosecutor.
In an urgent case, the investigating judge can order the release of an accused person immediately, without waiting for the prosecutor's opinion. The investigating judge shall indicate the reasons for such urgency in his/her order.

Article 216. Release on Bail of an Accused Person upon a Request of a Prosecutor

A prosecutor can request the release of an accused person at any time. The investigating judge shall decide within the period of 5 (five) days.

If the investigating judge does not decide within 5 (five) days, the prosecutor can submit a petition to the Investigation Chamber which shall decide instead of the investigating judge.

An order to refuse the release on bail of the accused person shall state reasons.

Article 217. Release on Bail upon Request of an Accused Person

An accused person can request for release on bail at any time. The investigating judge shall immediately send the request to the prosecutor for opinion and shall forward the dossier to the prosecutor for examination. The prosecutor shall provide opinion within the shortest period of time. The investigating judge shall make a decision within the maximum period of 5 (five) days after forwarding the dossier to the prosecutor.

The accused person can re-submit a request for release on bail to the investigating judge or to the Investigation Chamber within 1 (one) month after there is a decision refusing the previous request.

The investigating judge or the Investigation Chamber shall decide the re-request within 5 (five) days from the date of receiving the re-request.

The warrant refusing the release on bail shall state the reasons.

If the investigating judge does not decide within 5 (five) days, the accused person can submit a petition directly to the Investigation Chamber which shall decide instead of the investigating judge.

Article 218. Notification of Release Warrant

The prosecutor and the chief of prison or detention center shall be notified immediately of the release warrant. The provisions of Article 276 (Release of an Accused Person) of this Code shall be applied.

The prosecutor and the accused person shall be notified immediately of a warrant refusing the release on bail.

If an investigating judge decides to release an accused person on bail, the judge can place the accused person under the control of the court as provided in Article 223 (Obligations of Judicial Control) to Article 230 (Escape of an Accused Person from Obligations of Judicial Control) of this Code.

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 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 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.

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.

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 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.