CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 4 INVESTIGATIONS

TITLE 1 - Investigating Judge

CHAPTER 5 - Termination of Investigations

Article 249. Decision of Settlement Warrant in Relation to the Pre-trial Detention and Judicial Control

A settlement warrant shall terminate the pre-trial detention. In this case, the provisions of Article 276 (Release of an Accused Person who has been detained) shall be applied.

However, under separate decisions of a settlement warrant, the investigating judge can keep the accused person under pre-trial detention until the time he/she appears in the court. In this warrant, the investigating judge shall refer to the conditions of Article 205 (Reasons for Pre-trial Detention) of this Code.

The decision to keep the accused person under pre-trial detention shall cease to have effect after 4 (four) months. If the accused person does not appear in the court within 4 (four) months, the accused person shall be automatically allowed to stay outside custody.

A settlement warrant shall terminate the judicial control.

If the investigating judge has required the accused person to pay bail, to deliver documents on identification, or weapons, which were not involved in the offence; the court clerk shall return the bail, document on identification or weapons to the accused person with an acknowledgement receipt to be signed by the accused person.

However, under separate decisions of a settlement warrant, the investigating judge can keep the accused person under the judicial control until such time as he/she appears in the court.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 4 INVESTIGATIONS

TITLE 2 - Investigating Chamber

CHAPTER 2 – APPEAL AGAINST WARRANT OF INVESTIGATIVE JUDGES

Article 276. Release of a Detainee

When an investigating judge decides to release an accused person who is under pre-trial detention, the accused person shall be kept in a prison until the expiration of appealing period by a prosecutor, except when the prosecutor agrees to release the accused person immediately. The written decision of the prosecutor shall be attached with the dossier of the procedures.

The same procedure shall be applied in case of non-suit order, when the order has the effect of releasing an accused person who is under detention.

Where an order to release on bail or non-suit order is appealed by the prosecutor, the detainee shall continue to be kept in prison until the Investigation Chamber has decided on the appeal.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 4 INVESTIGATIONS

TITLE 2 - Investigating Chamber

CHAPTER 3 - Pre-trial Detention

Article 278. Warrant on Pre-trial Detention

In the case of pre-trial detention, a judgment of the Investigation Chamber shall be issued within 15 (fifteen) days of receipt of the dossier by the office of the court clerk of the Investigation Chamber. At the expiration of this period, the accused person shall be released on bail except when verifications have been ordered or when there are unforeseeable or insurmountable circumstances causing obstacle to the pronouncement of the judgment within this period.

When the Investigation Chamber orders a pre-trial detention, the Chamber shall have reasons in its judgment by referring the provisions of Article 205 (Reasons for Pre-trial Detention) of this Code. The president of the Investigation Chamber shall issue a detention warrant.

The dossier shall be immediately returned to the investigating judge following the enforcement of the judgment.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 5 JUDGMENTS

TITLE 1 - Judgment of Court of the First Instance

CHAPTER 2 - APPEARANCE OF THE PARTIES

SECTION 1 - Appearance of the Accused Person

Article 303. Appearance with Escort of an Accused Person

In case of procedures for immediate appearance, the accused person shall be escorted by security guards until he/she appears before the court.

The court may decide to put the accused person under pre-trial detention according to Article 48 (Procedures for Immediate Appearance) of this Code.

A judgment on the merits shall be announced not later than 2 (two) weeks starting from the date the accused person appeared in the court.

A pre-trial detention shall be legally terminated at the expiration of the two-week period.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 5 JUDGMENTS

TITLE 1 - Judgment of Court of the First Instance

CHAPTER 2 - APPEARANCE OF THE PARTIES

SECTION 1 - Appearance of the Accused Person

Article 304. Procedures for Immediate Appearance

A judgment on merits shall be announced not later than 2 (two) weeks starting from the date the accused person appeared in the court. The pre-trial detention shall be legally terminated at the expiration of the two-week period.

If the court, which was filed through the procedures for immediate appearance, finds that the conditions stated in Article 47 (Immediate Appearance) of this Code are not fulfilled or that the complexity of the case requires more profound investigations, the court may refer the dossier to the prosecutor in order to commence investigation. The accused person shall be brought to appear before an investigating judge on the same day, otherwise the accused person shall be automatically released.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 5 JUDGMENTS

TITLE 1 - Judgment of Court of the First Instance

CHAPTER 2 - APPEARANCE OF THE PARTIES

SECTION 1 - Appearance of the Accused Person

Article 306. Automatic Release of an Accused Person who is under detention

At any time, the court may order an accused person who is under detention be put in liberty or continuation of the detention according to Article 205 (Reasons for Pre-trial Detention) of this Code.
The court may decide after hearing the accused person, the lawyer and the prosecutor.

CAMBODIA – CRIMINAL PROCEDURE CODE

BOOK 9 SEPARATE PROCEDURES

CHAPTER 2- EXTRADITION

SECTION 1 - EXTRADITION REQUESTED BY A FOREIGN STATE

SUB-SECTION 3 – EXTRADITION PROCEDURES

Article 581. Request for Pre-trial Arrest

The requesting state may request for the pre-trial arrest of the wanted person.

In case of emergency, the request for pre-trial arrest may be made prior to the extradition request provided in Article 579 (Certification of Extradition Request) of this Code.

The pre-trial arrest, which aims to prevent the wanted person from escaping, does not require the compliance of any other separate proceeding.

The person who is the subject of pre-trial arrest procedures shall be released automatically if the Royal Government of Cambodia does not receive the documents specified in Article 579 (Certification of Extradition Request) within 2 (two) months from the date of arrest.