CONSTITUTION OF THE KINGDOM OF CAMBODIA
CHAPTER III - THE RIGHTS AND OBLIGATIONS OF KHMER CITIZENS
Article 38:
The law guarantees there shall be no physical abuse against any individual.
The law shall protect life, honor, and dignity of the citizens.
The prosecution, arrest, or detention of any person shall not be done except in accordance with the law.
Coercion, physical ill-treatment or any other mistreatment that imposes additional punishment on a detainee or prisoner shall be prohibited. Persons who commit, participate or conspire in such acts shall be punished according to the law.
Confessions obtained by physical or mental force shall not be admissible as evidence of guilt.
CHAPTER III ON THE RIGHTS AND DUTIES OF KHMER CITIZENS
Article 38.
Confessions obtained by physical torture or mental pressure shall not be admissible as evidence of guilt.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 5 JUDGMENTS
TITLE 1 - Judgment of Court of the First Instance
CHAPTER 3 - CONFRONTATIONS
SECTION 2 - The Rules of Evidence
Article 321. Evaluation of Evidence by the court
Unless otherwise required by a law, any evidence in criminal cases is freely admissible. The court shall have a free choice to determine the value of the evidence submitted to the court on the ground of its true belief.
The decision of the court shall be based only on the evidence which it has in the file or which has been presented at the hearing.
A confession shall be submitted to the court for consideration in the same manner as other evidence.
Answers given under the physical or mental duress shall have no evidentiary value.
Communications between the accused person and his/her lawyers is not admissible as evidence.
1. Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness.
2. The testimony of a witness at trial shall be given in person, except to the extent provided by the measures set forth in article 68 or in the Rules of Procedure and Evidence. The Court may also permit the giving of viva voce (oral) or recorded testimony of a witness by means of video or audio technology, as well as the introduction of documents or written transcripts, subject to this Statute and in accordance with the Rules of Procedure and Evidence. These measures shall not be prejudicial to or inconsistent with the rights of the accused.
3. The parties may submit evidence relevant to the case, in accordance with article 64. The Court shall have the authority to request the submission of all evidence that it considers necessary for the determination of the truth.
4. The Court may rule on the relevance or admissibility of any evidence, taking into account, inter alia, the probative value of the evidence and any prejudice that such evidence may cause to a fair trial or to a fair evaluation of the testimony of a witness, in accordance with the Rules of Procedure and Evidence.
5. The Court shall respect and observe privileges on confidentiality as provided for in the Rules of Procedure and Evidence.
6. The Court shall not require proof of facts of common knowledge but may take judicial notice of them.
7. Evidence obtained by means of a violation of this Statute or internationally recognized human rights shall not be admissible if:
(a) The violation casts substantial doubt on the reliability of the evidence; or
(b) The admission of the evidence would be antithetical to and would seriously damage the integrity of the proceedings.
8. When deciding on the relevance or admissibility of evidence collected by a State, the Court shall not rule on the application of the State's national law.