Offences against administration of justice

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 1: Publicity of Confrontations and conduct of Hearings

Article 320. Offense Committed during the Hearing

If an offense happens during the hearing, the chairman of hearing shall make a record of that offense.
The chairman of hearing may order the arrest and immediately bring the offenders before the prosecutor who shall decide on further actions.

If the offense is a petty offense or misdemeanor, the court may try the offender immediately if requested by the prosecutor and agreed by the offender.

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

TITLE V: MISDEMEANORS

Article 51: coercion of witnesses

Any person who threatens, intimidates, or places pressure upon a witness in a judicial proceeding is guilty of the misdemeanor of coercion and thereby incurs a punishment of one to two years in prison.

TITLE V: MISDEMEANORS

Article 52: false witness

Any person who, in a judicial proceeding, bears false witness, in recounting to the Court facts which he or she knows to be erroneous or false, and which are recognized as such by the Court, is guilty of false testimony and faces a punishment of one to two years in prison.

TITLE V: MISDEMEANORS

Article 54: intentional corruption

Any person who corrupts or attempts to corrupt any elected official, civil servant, military officer or representative of one of the four Cambodian parties in attendance at the Paris Peace Accords, in the execution of his or her duties, by promising property, service, money, staff, professional position, document, authorization or any benefit whatsoever in exchange for any one of these same benefits has committed the misdemeanor of intentional corruption and faces a punishment of one to three years in prison.

Rome Statute

Article 70 Offences against the administration of justice

1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:

(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;

(b) Presenting evidence that the party knows is false or forged;

(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;

(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;

(e) Retaliating against an official of the Court on account of duties performed by that or another official;

(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.

2. The principles and procedures governing the Court's exercise of jurisdiction over offences under this article shall be those provided for in the Rules of Procedure and Evidence. The conditions for providing international cooperation to the Court with respect to its proceedings under this article shall be governed by the domestic laws of the requested State.

3. In the event of conviction, the Court may impose a term of imprisonment not exceeding five years, or a fine in accordance with the Rules of Procedure and Evidence, or both.

4.

(a) Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals;

(b) Upon request by the Court, whenever it deems it proper, the State Party shall submit the case to its competent authorities for the purpose of prosecution. Those authorities shall treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively.