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 18: Characterisation of offences committed by a legal entity
The characterisation of an offence committed by a legal entity as a felony, misdemeanour or petty offence shall be determined by the penalty incurred by a natural person.
TITLE 2
CRIMINAL RESPONSIBILITY
CHAPTER 4
CRIMINAL RESPONSIBILITY OF LEGAL ENTITIES
Article 42: Criminal responsibility of legal entities
Where expressly provided by law and statutory instruments, legal entities, with the exception of the State, may be held criminally responsible for offences committed on their behalf by their organs or representatives.
The criminal responsibility of legal entities shall not preclude that of natural persons for the same acts.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 9 SEPARATE PROCEDURES
CHAPTER 5 Legal Entities
Article 597. Competence with Regards to Legal Entities
The prosecution, investigation and trial of offenses committed by legal entities shall be the competence of:
Prosecutor, investigating judge, court of the first instance of the place of where the offense was committed;
Prosecutor, investigating judge and court of the first instance of the place where the legal entity is located.
1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;
(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.
3 bis. In respect of the crime of aggression, the provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State.
4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.