Territorial jurisdiction - national proceedings

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 12: Meaning of territory of the Kingdom of Cambodia

In criminal matters, Cambodian law is applicable to all offences committed in the territory of the Kingdom of Cambodia.

The territory of the Kingdom of Cambodia maritime includes its corresponding spaces. air and maritime.

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.

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 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 12 Preconditions to the exercise of jurisdiction

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;