CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 5 JUDGMENTS
TITLE 1 - Judgment of Court of the First Instance
CHAPTER 4 DECISIONS
SECTION 1 - Announcement of Judgment
Article 353. Detention Warrant and Arrest Warrant Issued by the Court
If the court declares the punishment to at least 1 (one) year imprisonment without suspension, the court by a special decision with reasons, may issue during the hearing:
a detention warrant against the accused person who is present;
an arrest warrant against the accused person who is absent.
These detention warrants and arrest warrants shall be effective immediately. These warrants shall mention the following:
the identification of the guilty person;
the nature of punishment and the legal texts which are the basis for the punishment;
the full name and position title of the judge who has issued the warrant.
These warrants shall be dated, signed by this judge and sealed.
The guilty person who is arrested by the execution of arrest warrant shall be presented within the shortest period of time in front of a prosecutor at the place where he/she has been arrested and the person concerned shall then be informed of the warrant and detained.
If a judgment is issued by default, the guilty person who wishes to appeal against this judgment shall appear before the court that has issued the judgment within the shortest period of time. The guilty person may apply for bail. The court shall make a decision in accordance with Article 307 (Application for Release of an Accused Person who is under detention) of this Code.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 5 JUDGMENTS
TITLE 1 - Judgment of Court of the First Instance
CHAPTER 4 DECISIONS
SECTION 3 - Opposition Against a Default judgment
Article 365. Opposition Against a Default Judgment
The guilty person can file an opposition against a judgment declared in his/her absence.
Article 366. Formality and Admissibility of an Opposition
An opposition shall be filed by writing:
at the office of the court clerk of the court where the judgment was declared;
in the presence of a prosecutor, police or gendarmeries unit or a chief of a prison or a detention center.
The guilty person may be represented by a lawyer. The lawyer shall have the power of attorney authorizing him/her to file an opposition. However, a guilty person, who is a minor, may be represented by parents or guardians. In this case, the representative does not need to have the power of attorney.
When receiving an opposition application, the prosecutor, police or gendarmeries unit, or chief of prison or detention center shall refer the application immediately to the court clerk of the court where the judgment was declared.
When the opposition applicant does not know how to sign, he/she shall be fingerprinted.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 5 JUDGMENTS
TITLE 2 - APPEALS AGAINST JUDGMENTS
CHAPTER 1 - Jurisdiction of the criminal chamber of the Court of Appeal
Article 373. Jurisdiction of the Criminal Chamber of the Court of Appeal
The Criminal Chamber of the Court of Appeal shall have the jurisdiction to decide on an appeal against the decision of the court of the first instance within its scope of jurisdiction for criminal cases.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 5 JUDGMENTS
TITLE 2 - APPEALS AGAINST JUDGMENTS
CHAPTER 2 - Admissibility of appeals
Article 376. Formality of Appeals by Prosecutor, Accused Person, Civil Party and Civil Responsible Person
The appeal of a prosecutor, a guilty person, a civil party and a civil responsible person shall be filed to the office of the court clerk of the court where the judgment was declared.
The guilty person may be represented by a lawyer. The lawyer shall have a written power of attorney to file an appeal. However, a guilty minor may be represented by his/her parents or guardian. In such case, the representative shall not need to have the power of attorney.
A civil party can be represented by a lawyer, spouse or direct consanguinity. The representative shall have written power of attorney to make an appeal.
A civil responsible person may be represented by a lawyer, spouse or direct consanguinity. The representative shall have written power of attorney to make an appeal.
The court clerk shall register an appeal in the special registry of the court. The appeal documents shall be signed by the court clerk and the appellant or the appellant’s representative. The power of attorney shall be attached to the appeal documents.
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 X – TRIAL PROCEEDINGS OF THE EXTRAORDINARY CHAMBERS
Article 35 new
In determining charges against the accused, the accused shall be equally entitled to the following minimum guarantees, in accordance with Article 14 of the International Covenant on Civil and Political Rights.
Article 36 new
The Extraordinary Chamber of the Supreme Court shall decide appeals made by the accused, the victims, or the Co-Prosecutors against the decision of the Extraordinary Chamber of the trial court. In this case, the Supreme Court Chamber shall make final decisions on both issues of law and fact, and shall not return the case to the Extraordinary Chamber of the trial court .
SECTION I: JUDICIAL SYSTEM
Article 4: appellate courts
4. Any intervening party, prosecutor or the accused may appeal decisions of trial courts within a period of two months from the day judgment is pronounced in court if the accused is present; an additional fifteen days are added to this period if the judgment was rendered in absentia.
1. A decision under article 74 may be appealed in accordance with the Rules of Procedure and Evidence as follows:
(a) The Prosecutor may make an appeal on any of the following grounds:
(i) Procedural error,
(ii) Error of fact, or
(iii) Error of law;
(b) The convicted person, or the Prosecutor on that person's behalf, may make an appeal on any of the following grounds:
(i) Procedural error,
(ii) Error of fact,
(iii) Error of law, or
(iv) Any other ground that affects the fairness or reliability of the proceedings or decision.
2.
(a) A sentence may be appealed, in accordance with the Rules of Procedure and Evidence, by the Prosecutor or the convicted person on the ground of disproportion between the crime and the sentence;
(b) If on an appeal against sentence the Court considers that there are grounds on which the conviction might be set aside, wholly or in part, it may invite the Prosecutor and the convicted person to submit grounds under article 81, paragraph 1 (a) or (b), and may render a decision on conviction in accordance with article 83;
(c) The same procedure applies when the Court, on an appeal against conviction only, considers that there are grounds to reduce the sentence under paragraph 2 (a).
3.
(a) Unless the Trial Chamber orders otherwise, a convicted person shall remain in custody pending an appeal;
(b) When a convicted person's time in custody exceeds the sentence of imprisonment imposed, that person shall be released, except that if the Prosecutor is also appealing, the release may be subject to the conditions under subparagraph (c) below;
(c) In case of an acquittal, the accused shall be released immediately, subject to the following:
(i) Under exceptional circumstances, and having regard, inter alia, to the concrete risk of flight, the seriousness of the offence charged and the probability of success on appeal, the Trial Chamber, at the request of the Prosecutor, may maintain the detention of the person pending appeal;
(ii) A decision by the Trial Chamber under subparagraph (c) (i) may be appealed in accordance with the Rules of Procedure and Evidence.
4. Subject to the provisions of paragraph 3 (a) and (b), execution of the decision or sentence shall be suspended during the period allowed for appeal and for the duration of the appeal proceedings.