CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 4 INVESTIGATIONS
TITLE 2 - Investigating Chamber
CHAPTER 2 – APPEAL AGAINST WARRANT OF INVESTIGATIVE JUDGES
Article 267. Appeal by an Accused Person against Warrant of Investigating Judge An accused person may appeal against the following warrants:
• A warrant refusing an application for investigation as stated in paragraph 2 of Article
133 (Request by an Accused Person to Act);
A warrant refusing the return of seized items to the owner as stated in Article 161 (Return of Items Seized to the Owner by an Investigating Judge) and Article 248 (Return of Seized Items to the Owner);
A warrant refusing application for forensic examination as stated in paragraph 2 of Article 162 (Necessity of Forensic Examination);
A warrant refusing the application for additional forensic examination or cross- forensic examination as stated in paragraph 7 of Article 170 (Notification of Expert Conclusion); and
A warrant on pre-trial detention or judicial control as provided in Section 5 (Pre-trial Detention) and Section 7 (Judicial Control) of Chapter 3 (Safety Measure) of Title 1 of this Book and of Article 249 (Contents of Settlement Warrant in Relation to Pre-trial Detention and Judicial Control) of this Code.
CAMBODIA – CRIMINAL PROCEDURE CODE
BOOK 6 SUPREME COURT
TITLE 1 -APPEAL
SINGLE CHAPTER - Appeal
Article 417. Decisions which can be Appealed
A judgment of the Investigation Chamber, including extradition issues and a judgment which is finally issued by the Criminal Chamber of the Court of Appeal, may be appealed.
However, appeal cannot be filed against the judgment of the Investigation Chamber which orders the referral of the accused person to the trial.
1. Either party may appeal any of the following decisions in accordance with the Rules of Procedure and Evidence:
(a) A decision with respect to jurisdiction or admissibility;
(b) A decision granting or denying release of the person being investigated or prosecuted;
(c) A decision of the Pre-Trial Chamber to act on its own initiative under article 56, paragraph 3;
(d) A decision that involves an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Pre-Trial or Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings.
2. A decision of the Pre-Trial Chamber under article 57, paragraph 3 (d), may be appealed against by the State concerned or by the Prosecutor, with the leave of the Pre-Trial Chamber. The appeal shall be heard on an expedited basis.
3. An appeal shall not of itself have suspensive effect unless the Appeals Chamber so orders, upon request, in accordance with the Rules of Procedure and Evidence.
4. A legal representative of the victims, the convicted person or a bona fide owner of property adversely affected by an order under article 75 may appeal against the order for reparations, as provided in the Rules of Procedure and Evidence.