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.
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.
g. not to be compelled to testify against themselves or to confess guilt.
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:
(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;