Rights during trial - adequate preparation of defence

Cambodia

Cambodia - Criminal Procedure Code 2007 EN

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 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 - 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

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.

b. to have adequate time and facilities for the preparation of their defence and to communicate with counsel of their own choosing;

Rome Statute

Article 67 Rights of the accused

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:

(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;