Assistance of States in the attendance and testimony of witnesses and production of documents

Cambodia

Cambodia - Criminal Procedure Code 2007 EN

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 4 INVESTIGATIONS

TITLE 1 - Investigating Judge

CHAPTER 2 - INVESTIGATION BY AN INVESTIGATING JUDGE

SECTION 4 Interviewing of Witnesses

Article 153. Interviewing of Witnesses

The investigating judge can interview any person whose response may be useful to the revelation of the truth.

The investigating judge shall interview witnesses separately, without the presence of the accused person and civil party. The investigating judge can also arrange a confrontation between the accused person, civil party and witnesses.

Any person who has been subpoenaed by the investigating judge shall appear.

In the case of refusal to appear, the investigating judge can request the public forces to cause the witness to appear. The investigating judge shall issue an order to appear. This order shall include identity of the witness and shall be dated and signed by the investigating judge with stamp.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 5 JUDGMENTS

TITLE 1 - Judgment of Court of the First Instance

CHAPTER 2 - APPEARANCE OF THE PARTIES

SECTION 4 - The Appearance of Witnesses

Article 315. Appearance of Witnesses
Witnesses shall appear before the court in accordance with the summons. The court may use public forces in order to make the witnesses to appear.

Rome Statute

Article 64 Functions and powers of the Trial Chamber

6. In performing its functions prior to trial or during the course of a trial, the Trial Chamber may, as necessary:

(b) Require the attendance and testimony of witnesses and production of documents and other evidence by obtaining, if necessary, the assistance of States as provided in this Statute;