CHAPTER III ON THE RIGHTS AND DUTIES OF KHMER CITIZENS
Article 38.
The prosecution, arrest, police custody or detention of any person shall not be done, except in accordance with the law.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 4 INVESTIGATIONS
TITLE 1 - Investigating Judge
CHAPTER 3 - SAFETY MEASURES
SECTION 1 - Warrants
Article 185. Warrant Issuance
An investigating judge may issue order to appear, order to bring, arrest or detention warrants.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 4 INVESTIGATIONS
TITLE 1 - Investigating Judge
CHAPTER 3 - SAFETY MEASURES
SECTION 4 - Arrest Warrants
Article 200. Dissemination of Arrest Warrant Internationally
In case of necessity, an arrest warrant can be internationally disseminated through the Ministry of Justice by using various effective mechanisms.
SECTION II: CRIMINAL PROCEDURE
Article 18: arrest without a warrant
Police may arrest anyone found in the act of committing a cognizable offense, in particular:
• if the suspect is observed committing a crime or misdemeanor, or if pursued by a public outcry;
• if the suspect is identified at the scene of a crime or misdemeanor by witnesses or the victim;
• if the suspect attempts to flee the scene of a crime or misdemeanor.
Article 19: arrest based on existence of substantially incriminating evidence
1. In all other cases, the investigating police may not arrest a suspect without substantially incriminating evidence which is exact and consistent and indicates that the suspect participated in the commission of a crime or misdemeanor.
2. A suspect who has fled may be arrested pursuant to an arrest warrant issued by a public prosecutor or judge and executed by police conducting the investigation.
3. The arrest warrant must stipulate facts and grounds for the arrest of the suspect.
4. The treatment of an arrested person shall be in accordance with the provisions of Article 13 of the present text.
5. Furthermore, the police may, if so instructed by a prosecutor or judge, subpoena any person useful to the investigation to appear before the police, judge or prosecutor if that person has refused to heed other requests to appear voluntarily. After appearance, a person so summoned shall be immediately released unless there are specific, consistent and serious charges against him or her, in which case the procedures outlined in Article 13 of the present text shall apply.
1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.
2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person's rights have been respected.
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.