CONSTITUTION OF THE KINGDOM OF CAMBODIA
CHAPTER II - THE KING
Article 7
The King shall be the Head of State for life. The King shall be inviolable.
CHAPTER VII ON THE NATIONAL ASSEMBLY
Article 80.
Members of the National Assembly shall enjoy parliamentary immunity.
No National Assembly’s Member can in any case be prosecuted, arrested, kept in police custody or detained because of his/her opinions or of the votes expressed during the exercise of his/her functions.
The prosecution against, the arrest, the police custody or the detention of any Member of the National Assembly is possible only when approved by the National Assembly or by the Standing Committee during the interval between sessions, except in flagrante delicto case. In this last case, the competent ministry must urgently report to the National Assembly or to the Standing Committee for decision.
The decision of the National Assembly’s Standing Committee must be submitted to the next session of the National Assembly for adoption by two-third majority of all its members.
In all the aforementioned cases, the detention of, the prosecution against any National Assembly’s Member shall be suspended, if the National Assembly so decided by three-forth majority of all its members.
CHAPTER VIII new ON THE SENATE
Article 104 new
The Senators shall enjoy parliamentary immunity.
No Senator can in any case be prosecuted, arrested, kept in police custody or detained because of his/her opinions or of
the votes expressed during the exercise of his/her functions. The prosecution against, the arrest, the police custody or the detention of a Senator is possible only when approved by the Senate or by the Standing Committee during the interval between sessions, except in flagrante delicto case. In this last case, the competent ministry must urgently report to the Senate or to the Standing Committee for decision.
The decision of the Senate’s Standing
TITLE 1
THE CRIMINAL LAW
CHAPTER 1
GENERAL PRINCIPLES
Article 8: No impunity for serious violations of international humanitarian law
The provisions of this Code may not have the effect of denying justice to the victims of serious offences which, under special legislation, are characterised as violations of international humanitarian law, international custom, or international conventions recognised by the Kingdom of Cambodia.
LAW ON THE ESTABLISHMENT OF EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA FOR THE PROSECUTION OF CRIMES COMMITTED DURING THE PERIOD OF DEMOCRATIC KAMPUCHEA
CHAPTER II - COMPETENCE
Article 8
The Extraordinary Chambers shall have the power to bring to trial all Suspects most responsible for crimes against internationally protected persons pursuant to the Vienna Convention of 1961 on Diplomatic Relations, and which were committed during the period from 17 April 1975 to 6 January 1979.
LAW ON THE ESTABLISHMENT OF EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA FOR THE PROSECUTION OF CRIMES COMMITTED DURING THE PERIOD OF DEMOCRATIC KAMPUCHEA
CHAPTER VIII – Individual Responsibility
Article 29
The position or rank of any Suspect shall not relieve such person of criminal responsibility or mitigate punishment.
1. This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence.
2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.