Keyword

Jurisdiction

Cambodia

Cambodia - Criminal Code 2009 (2014) (EN/Khmer)

TITLE 1
THE CRIMINAL LAW

CHAPTER 3
TERRITORIAL APPLICATION OF CAMBODIAN CRIMINAL LAW

SECTION 1
OFFENCES COMMITTED OR DEEMED TO HAVE BEEN COMMITTED IN THE TERRITORY OF THE KINGDOM OF CAMBODIA

Article 17: Application of Cambodian criminal law to acts initiated in Cambodia

In criminal matters, Cambodian law is applicable to any person who, in the territory of
the Kingdom of Cambodia, instigates or is an accomplice to a felony or misdemeanour
committed abroad, if the following two conditions are met:

- the offence is punishable under both the Cambodian law and the foreign law; and
- the fact that the offence was committed is established by final judgement of a foreign Court.

TITLE 1
THE CRIMINAL LAW

CHAPTER 3
TERRITORIAL APPLICATION OF CAMBODIAN CRIMINAL LAW

SECTION 2
OFFENCES COMMITTED OUTSIDE THE TERRITORY OF THE KINGDOM OF CAMBODIA

Article 19: Felony or misdemeanour committed by a Cambodian national

In criminal matters, Cambodian law is applicable to any felony committed by a Cambodian national outside the territory of the Kingdom of Cambodia.
Cambodian law is applicable to misdemeanours committed by Cambodian nationals in a foreign country if the conduct is also punishable under the law of that country.
These provisions shall be applicable even if the accused acquired Cambodian nationality
after the acts which he or she is alleged to have committed.

Article 20: Where the victim is a Cambodian national

In criminal matters, Cambodian law is applicable to any felony committed by a Cambodian or foreign national outside the territory of the Kingdom of Cambodia, if the victim is a Cambodian national at the time of the Offence

Article 21: Initiation of prosecution

In the cases specified in Article 19 (Felony or misdemeanour committed by a Cambodian national) and Article 20 (Where the victim is a Cambodian national), prosecution may only be initiated by the Prosecuting Authority. It must be preceded either:
- by a complaint by the victim or his or her assigns; or
- by a formal information by the authorities of the country where the offence was committed.

Article 22: Special jurisdiction for specific felonies

In criminal matters, Cambodian law is applicable to any felony committed outside the territory of the Kingdom of Cambodia if it is characterised as:
(1) an offence against the security of the Kingdom of Cambodia;
(2) counterfeiting the seal of the Kingdom of Cambodia;
(3) counterfeiting the national currency and banknotes being legal tender in the Kingdom of Cambodia;
(4) an offence against diplomatic or consular agents of the Kingdom of Cambodia;
(5) an offence against diplomatic or consular premises of the Kingdom of Cambodia.

Cambodia - Criminal Procedure Code 2007 EN

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 9 SEPARATE PROCEDURES

CHAPTER 2- EXTRADITION

SECTION 1 - EXTRADITION REQUESTED BY A FOREIGN STATE

SUB-SECTION 2 – CONDITIONS OF EXTRADITION

Article 572. Conditions in relation to the Place of Committing an Offense

When the act charged against any wanted person was committed in the territory of the requesting state, extradition shall also be possible even the wanted person is not the citizen of the requesting state.

When the act charged against the wanted person was committed outside the territory of the requesting state, extradition shall be possible if the wanted person is the citizen of the requesting state.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 9 SEPARATE PROCEDURES

CHAPTER 2- EXTRADITION

SECTION 1 - EXTRADITION REQUESTED BY A FOREIGN STATE

SUB-SECTION 2 – CONDITIONS OF EXTRADITION

Article 574. Offense that was Committed in the Territory and was Completely Tried

An extradition shall not be possible if the act charged was committed in Cambodia’s territory and was completely tried in Cambodia.

Rome Statute

Article 11 Jurisdiction ratione temporis

1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.

2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.

Article 12 Preconditions to the exercise of jurisdiction

1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.

2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:

(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;

(b) The State of which the person accused of the crime is a national.

3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.

Article 13 Exercise of jurisdiction

The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:

(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;

(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or